often placed in the aspirational category and thus not
recognized as “rights”.
The justiciability of ESC rights is questioned on the grounds
that they are too vague to have clear legal content, too costly
to implement and thus too political for judicial decision, and
too positive to be amenable to court supervision. These are
the reasons why ESC rights are recognized e.g. “to the extent
provided by law”. And these are the reasons why both the
ICESCR and the European Social Charter were, for so long,
monitored through state reporting procedures rather than
complaints procedures like their sister treaties, the ICCPR
and the European Convention on Human Rights.
The U.N. Committee on Economic, Social and Cultural Rights
(CESCR), the monitoring body of the ICESCR, has responded
to the enforcement critique in a number of ways. One
response has been to modify the enforcement mechanisms
so that judiciarisation can now be said to be supplementing
dialogue. One change was to sharpen the reporting system
itself to make it more adversarial in nature. It did this by
encouraging the submission of “shadow reports” from
national non-governmental organizations and by issuing
rather pointed public “Concluding Observations” on the
individual national reports.
A second response has been to counter the objection of
vagueness by issuing a number of documents clarifying the
content of rights. In this vein, the Committee has issued
General Comments on various rights guaranteed in the