The International Covenant on Economic, Social and Cultural Rights
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An Overview:
Economic, Social and
Cultural Rights
All human rights whether it is civil and political rights or economic,
social and cultural rights are universal, indivisible, interdependent and
interrelated. We have been mainly concerned about the civil and political
rights but we should simultaneously give priority to the economic, social
and cultural rights which have already been recognized and emphasized
in various international, regional and national instruments. As mentioned,
rights are ‘indivisible and interdependent’ and we must not treat some as
more important than others. In particular, economic, social and cultural
rights are not subordinate to civil and political rights, or vice versa.
Internationally recognized human rights are those included in the
International Bill of Human Rights or those elaborated in subsequent
instruments adopted by the UN General Assembly. The International Bill
includes the Universal Declaration of Human Rights (UDHR), adopted in
1948, and the two Covenants adopted on the basis of that Declaration,
that is, the International Covenant on Civil and Political Rights (ICCPR)
and the International Covenant on Economic, Social and Cultural Rights
(ICESCR). Economic, Social and Cultural Rights encompasses three
interrelated components of a more comprehensive package. The different
components also have links to civil and political rights. At the core of
social rights is the right to an adequate standard of living (Article 25 of
UDHR, Article 11 of ICESCR, and Article 27 of CRC). The enjoyment of
this right requires, at a minimum, that everyone shall enjoy the necessary
subsistence rights—adequate food and nutrition rights, clothing, housing
and the necessary conditions of care. Closely related to this right is the
right of families to assistance (Article 10 of ICESCR, Article 27 of CRC).
With a view to enjoying these social rights, there is also a need to enjoy
certain economic rights such as the right to property (Article 17 of UDHR),
the right to work (Article 23 of UDHR, Article 6 of ICESCR), the right to
social security (Articles 22 and 25 of UDHR, Article 9 of ICESCR, and
Article 26 of CRC).
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