The International Covenant on Economic, Social and Cultural Rights The economic rights have a dual function, most clearly demonstrated in regard to the right to property. On the one hand, this right serves as a basis for entitlements which can ensure an adequate standard of living, while on the other hand it is the basis of independence and therefore of freedom. The right to property has to be supplemented by at least two other rights: the right to work, which can provide an income ensuring an adequate standard of living, and the right to social security which can supplement, and where necessary fully substitute for, insufficient income derived from property or from work. Hence, the term ‘insufficient’ is in regard to the enjoyment of an adequate standard of living. The right to work is also the basis of independence which provides freedom to a person to choose his/ her work that gives sufficient income and provides that the workers can protect their interests through free trade unions (Article 8 of ICESCR and several ILO conventions). The right to social security is essential, particularly when a person does not have the necessary property, or is not able to secure an adequate standard of living through work, due either to unemployment, old age or disability (Articles 22 and 25 of UDHR). Cultural rights which are mentioned in Article 27 of the UDHR and Article 15 of the ICESCR contain the rights like the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, the right to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which the beneficiary is the author, and the freedom which is indispensable for scientific research and creative activity. It is also closely linked with other rights such as the right to education (Article 26 of UDHR, Articles 13 and 14 of ICESCR, Articles 28 and 29 of CRC), and this right to education is also an essential element in economic and social rights. The UDHR was initially an expression of ideals to be achieved.The process of positivization i.e. positive actions to achieve the rights stated in the UDHR, started with the two covenants, the ICCPR and the ICESCR, adopted in 1966, followed by numerous more specific conventions. Obligations undertaken by states under the ICESCR include taking steps with a view to achieving the rights progressively, including the adoption of legal measures. The adoption of such legislation constitutes a process of positivization of economic, social and cultural rights at the national level. 2 The UN Committee on Economic, Social and Cultural Rights has emphasized the importance of judicial remedies for the protection of the rights recognized in the ICESCR. It considers that, in many cases, the other ‘means’ used in the context of Article 2 (1) of the Covenant for realizing these rights ‘could be rendered ineffective if they are not reinforced or complemented by judicial remedies’. The inclusion of economic, social and cultural rights as justiciable rights in a country’s constitution provides a great deal of scope for developing effective judicial remedies for these rights. However, even if economic, social and cultural rights are not directly entrenched in the constitution, they may nonetheless receive significant indirect protection through the interpretations and applications of other constitutional rights. The UN Committee on ESC rights has commented ‘The adoption of a rigid classification of economic, social and cultural rights which puts them, by definition, beyond the reach of the courts would thus be arbitrary and incompatible with the principle that the two sets of human rights are indivisible and interdependent. It would also drastically curtail the capacity of the courts to protect the rights of the most vulnerable and disadvantaged groups in society.’ Article 2 (1) of the ICESCR reads- ‘Each State party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.’ Two key features of article 2 (1) establish that the obligation undertaken by States parties to the Covenant is something less than immediate and absolute. First, the language of article 2(1) is programmatic and progressive. States parties do not undertake to “respect” and “ensure” the rights contained in the Covenant from the moment of its entry into force (as do States parties to the CPR Covenant). Rather, States undertake to “take steps” towards the progressive realisation of the rights. 3