Economic, Social and Cultural Rights in International Law

The effective promotion, protection, and fulfillment of economic, social, and cultural (ESC) rights is an important, but under-explored, component of international human rights law. ESC rights are fundamental to the dignity of every person. At the international level, ESC rights are protected in several international instruments, the most comprehensive being the International Covenant on Economic, Social and Cultural Rights (the Covenant) ratified by a majority of States. However, claims of violations of ESC rights are treated less seriously. This book subjects ESC rights protected in the Covenant to a deeper analysis in light of the practice of the Committee on Economic, Social and Cultural Rights, while taking into account other relevant sources of ESC rights at national, regional, and international levels. It also analyzes key issues relevant to ESC rights, with particular emphasis on various themes including State obligations, non-State actor's obligations, women's ESC rights, domestic protection of ESC rights, and State reservations to ESC rights. The book further makes a thorough examination of the rights to work, health, and education. By so doing, it demonstrates that ESC rights are justiciable and must not be marginalized. The book also brings together a collection of essential materials on ESC rights needed to understand and analyze the subject. Written by an international human rights scholar, this timely text will be of value to students of post-graduate studies, as well as to all those interested in human rights, international law, international relations, and economic law.

the Effective Promotion, Protection And Fulfilment Of Economic, Social And Cultural (esc) Rights Is An Important But Under-explored Component Of International Human Rights Law. Esc Rights Are Fundamental To The Dignity Of Every Person. At The International Level Esc Rights Are Protected In Several International Instruments, The Most Comprehensive Being The International Covenant On Economic, Social And Cultural Rights (the Covenant) Ratified By A Majority Of States.

on 10 December 2008, The United Nations General Assembly Unanimously Adopted An Optional Protocol To The Covenant Which Provides The Committee On Economic, Social And Cultural Rights, An Expert Body Which Monitors The Implementation Of Esc Rights Under The Covenant, With Three New Roles, Namely: (i) To Receive And Consider Individual And Group Communications Claiming A Violation Of Any Of The Esc Cultural Rights Set Out In The Covenant; (ii) Inter-state Communications To The Effect That A State Party Claims That Another State Party Is Not Fulfilling Its Obligations Under The Covenant; And (iii) To Conduct An Inquiry In Cases Where The Committee Receives Reliable Information Indicating Grave Or Systematic Violations By A State Party Of Any Esc Rights Protected By The Covenant. Once The Optional Protocol Comes Into Force It Would Usher In A New Era Of Accountability For Violations Of Esc Rights In International Law. But What Are The Human Rights Obligations Arising Under The Covenant For Which States That Ratify The Optional Protocol Might Be Held Accountable To In Light Of The Current State Of International Law?

in Order To Provide A Clear Understanding Of The Obligations Contained In The Covenant, This Book Subjects Esc Rights Protected In The Covenant To A Deeper Analysis. It Also Analyses Key Issues Relevant To Esc Rights, With Particular Emphasis On Various Themes Including State Obligations; Non-state Actor's Obligations; Women's Esc Rights; Domestic Protection Of Esc Rights; And State Reservations To Esc Rights. The Book Further Makes A Thorough Examination Of The Rights To Work, Health, And Education. It Also Brings Together A Collection Of Essential Materials On Esc Rights Needed To Understand And Analyse The Subject. Written By An International Human Rights Scholar, This Timely Work Will Be Of Value To All Those Interested In Human Rights And International Law.

The effective promotion, protection and fulfilment of economic, social and cultural (ESC) rights is an important but under-explored component of international human rights law, of which ESC rights form an essential part. They are fundamental to the dignity of every person. At the international level ESC rights are protected in several international instruments, the most comprehensive being the International Covenant on Economic, Social and Cultural Rights (the Covenant) ratified by a majority of States. However, claims of violations of ESC rights are treated less seriously. This book subjects ESC rights protected in the Covenant to a deeper analysis in light of the practice of the Committee on Economic, Social and Cultural Rights while taking into account other relevant sources of ESC rights at national, regional and international levels. It also analyses key issues relevant to ESC rights, with particular emphasis on various themes including State obligations; non-State actor’s obligations; women’s ESC rights; domestic protection of ESC rights; and State reservations to ESC rights. The book further makes a thorough examination of the rights to work, health, and education. By so doing, it demonstrates that ESC rights are justiciable and must not be marginalised. The book also brings together a collection of essential materials on ESC rights needed to understand and analyse the subject. Written by an international human rights scholar, this timely work will be of value to all those interested in human rights and international law. Since the first edition (published in 2009), there have been several important developments including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on individual communications and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments such as trade union rights, the right to an adequate standard of living, the right to social security and the right to take part in cultural life. It also considers the relationship of the International Covenant on Economic, Social and Cultural Rights (ICESCR) to other areas of international law; admissibility under the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; and contemporary challenges to ESC rights including poverty, armed conflicts and terrorism. The international legal protection of economic, social and cultural rights State obligations under the ICESCR Non-state actors and the ICESCR The domestic protection of economic, social and cultural rights State reservations to the ICESCR Women's economic, social and cultural rights Right to work and rights in work: Articles 6 and 7 The right to health: Article 12 The right to education: Articles 13 and 14 Conclusion: Towards a world court of human rights.