Economic, Social and Cultural Rights : A Textbook; Second Revised Edition

The Vienna Declaration and Programme of Action, adopted in the World Conference on Human Rights in June 1993, reaffirmed the indivisible and interdependent nature of all human rights. Yet, the category of economic, social and cultural rights remains a subject of debate and controversy. The first edition of this text was a textbook on internationally recognized economic, social and cultural rights. While focusing on this category of rights, it also analyzed their relationships to other human rights, civil and political in particular. This second, revised edition updates and revises the first, and supplements it with a number of new chapters. These include chapters on the domestic realization of economic and social rights in the European Union as well as on multinational enterprises and economic, social and cultural rights. Furthermore, a number of chapters have been written by new authors, such as the chapters on the right to health, on human rights and protection of the environment, on women and on international development finance institutions. CONTENTS 6 ACKNOWLEDGMENTS 10 ABBREVIATIONS 12 CONTRIBUTORS 16 I CONCEPTS AND PRINCIPLES 18 1. Asbjørn Eide & Allan Rosas --- ECONOMIC, SOCIAL AND CULTURAL RIGHTS: A UNIVERSAL CHALLENGE 20 2. Asbjørn Eide --- ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS HUMAN RIGHTS 26 3. Martin Scheinin --- ECONOMIC AND SOCIAL RIGHTS AS LEGAL RIGHTS 46 4. Sandra Liebenberg --- THE PROTECTION OF ECONOMIC AND SOCIAL RIGHTS IN DOMESTIC LEGAL SYSTEMS 72 5. Rodolfo Stavenhagen --- CULTURAL RIGHTS: A SOCIAL SCIENCE PERSPECTIVE 102 6. Allan Rosas --- THE RIGHT OF SELF-DETERMINATION 128 7. Allan Rosas --- THE RIGHT TO DEVELOPMENT 136 II SELECTED ECONOMIC, SOCIAL AND CULTURAL RIGHTS 148 8. Asbjørn Eide --- THE RIGHT TO AN ADEQUATE STANDARD OF LIVING INCLUDING THE RIGHT TO FOOD 150 9. ScottLeckie --- THE HUMAN RIGHT TO ADEQUATE HOUSING 166 10. BrigitToebes --- THE RIGHT TO HEALTH 186 11. Catarina Krause --- THE RIGHT TO PROPERTY 208 12. Martin Scheinin --- THE RIGHT TO SOCIAL SECURIlY 228 13. Krysztof Drzewicki --- THE RIGHT TO WORK: AND RIGHTS IN WORK 240 14. Manfred Nowak --- THE RIGHT TO EDUCATION 262 15. Gudmundur Alfredsson --- THE RIGHT TO HUMAN RIGHTS EDUCATION 290 16. Asbjørn Eide --- CULTURAL RIGHTS AS INDIVIDUAL HUMAN RIGHTS 306 17. Günther Handl --- HUMAN RIGHTS AND PROTECTION OF THE ENVIRONMENT 320 III SELECTED BENEFICIARIES AND SITUATIONS 346 18. Katarina Frostell & Martin Scheinin --- WOMEN 348 19. Thomas Hammarberg --- CHILDREN 370 20. Anne-Christine Bloch --- MINORITIES AND INDIGENOUS PEOPLES 390 21. Jan Niessen --- MIGRANT WORKERS 406 22. Allan Rosas & Monika Sandvik-Nylund --- ARMED CONFLICTS 424 IV IMPLEMENTATION AND REALIZATION 440 23. Allan Rosas & Martin Scheinin --- IMPLEMENTATION MECHANISMS AND REMEDIES 442 24. Matthew Craven --- THE UN COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS 472 25. Gudmundur Alfredsson --- TECHNICAL COOPERATION IN THE FIELD OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS 490 26. Allan Rosas --- ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN THE EXTERNAL RELATIONS OF THE EUROPEAN UNION 496 27. Erika Szyszczak --- PROTECTING SOCIAL RIGHTS IN THE EUROPEAN UNION 510 28. Sia Spiliopoulou Akermark --- INTERNATIONAL DEVELOPMENT FINANCE INSTITUTIONS: THE WORLD BANK AND THE INTERNATIONAL MONETARY FUND 532 29. Katarina Tomaševski --- INDICATORS 548 30. Asbjørn Eide --- THE USE OF INDICATORS IN THE PRACTICE OF THE COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS 562 31. Asbjørn Eide --- OBSTACLES AND GOALS TO BE PURSUED 570 32. CraigScott --- MULTINATIONAL ENTERPRISES AND EMERGENT JURISPRUDENCE ON VIOLATIONS OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS 580 ANNEX 1. REVISED GUIDELINES REGARDING THE FORM AND CONTENTS OF REpORTS TO BE SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS 614 ANNEX 2. GENERAL COMMENTS OF THE COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS 630 ANNEX 3. SELECTED GENERAL COMMENTS OF THE HUMAN RIGHTS COMMITTEE 714 ANNEX 4. THE LIMBURG PRINCIPLES ON THE IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND THE MAASTRICHT GUIDELINES ON VIOLATIONS OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS 734 BIBLIOGRAPHY 752 TABLE OF TREATIES 784 SUBJECT INDEX 794

The Vienna Declaration and Programme of Action, adopted in the World Conference on Human Rights in June 1993, reaffirmed the indivisible and interdependent nature of all human rights. Yet the category of economic, social and cultural rights remains a subject of debate and controversy.
The highly successful first edition of this book was the first comprehensive textbook on internationally recognized economic, social and cultural rights. While focusing on this category of rights, it also analysed their relationships to other human rights, civil and political rights in particular.
This second edition updates and revises the fist, and supplements it with a number of new chapters. These include chapters on the domestic realisation of economic and social rights, on the UN Committee on Economic, Social and Cultural Rights, on economic and social rights in the European Union as well as on multinational enterprises and economic, social and cultural rights. Furthermore, a number of chapters have been written by new authors such as the chapters on the right to health, on human rights and protection of the environment, on women and on international development finance institutions.

The Vienna Declaration and Programme of Action, adopted in the World Conference on Human Rights in June 1993, reaffirmed the indivisible and interdependent nature of all human rights. Yet the category of economic, social and cultural rights remains a subject of debate and controversy. The highly successful first edition of this book was the first comprehensive textbook on internationally recognized economic, social and cultural rights. While focusing on this category of rights, it also analysed their relationships to other human rights, civil and political rights in particular. This second edition updates and revises the fist, and supplements it with a number of new chapters. These include chapters on the domestic realisation of economic and social rights, on the UN Committee on Economic, Social and Cultural Rights, on economic and social rights in the European Union as well as on multinational enterprises and economic, social and cultural rights. Furthermore, a number of chapters have been written by new authors such as the chapters on the right to health, on human rights and protection of the environment, on women and on international development finance institutions