Defending Dignity A Manual for National Human Rights Institutions on Monitoring Economic, Social and Cultural Rights 2.3. INTERPRETING THE INTERNATIONAL TREATIES In the past two decades, significant progress has been made in clarifying the legal content of internationally recognized ESCR. The Committee on Economic, Social and Cultural Rights is the treaty body mandated to oversee the implementation of International Covenant on Economic, Social and Cultural Rights. The Committee adopts “general comments” that give an authoritative interpretation of the Covenant’s provisions, as well as “concluding observations” on States’ periodic reports that make recommendations on how States can improve their performance to implement the Covenant. The comments and observations are not legally binding but they do carry considerable legal weight. HELPFUL TIP The Committee on Economic, Social and Cultural Rights has adopted 24 general comments which interpret, among other things, the rights to education, to work, to adequate housing, to water, to adequate food and to the highest attainable standard of health. These general comments are available at: www.ohchr.org/en/hrbodies/cescr/pages/cescrindex.aspx Similarly, other treaty bodies have adopted general comments (or ‘general recommendations’ in the case of the CEDAW Committee) in relation to their respective conventions that serve as a useful reference in interpreting ESCR issues. The reports of special procedures mandate holders on issues related to ESCR also articulate how general principles might apply to various dimensions of rights. Likewise, expert groups have helped clarify the normative standards relating to ESCR by adopting guidelines and principles. These include the: • Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights (1987) • Maastricht Guidelines on Violations of Economic, Social and Cultural Rights (1997) • Montreal Principles on Women’s Economic, Social and Cultural Rights (2002) • Maastricht Principles on the Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights (2007). Again, while not legally binding, these guidelines and principles are widely considered and cited as authoritative clarifications of binding international norms. The decisions of national courts have also helped to expand our understanding of ESCR. The growing body of national jurisprudence has given greater clarity to important ESCR standards and principles, such as progressive realization and non-retrogression, which will be discussed below. HELPFUL TIP The International Network on Economic, Social and Cultural Rights (ESCR-Net) maintains a case law database that makes pleadings, commentary and decisions related to ESCR available to human rights defenders and activists from a range of countries, legal traditions and languages (Spanish and English). See: www.escr-net.org/caselaw 20