content) and their enforcement (i.e. justiciability), and the
relationship between the two. However, this focus tends to
have an interim step, that of the implementation of rights.
ESC rights are recognized, either explicitly or implicitly, at
both the international and domestic levels. Explicit
recognition is found in a variety of international instruments
ranging from hard- law treaties through to soft-law
documents. Treaty examples of recognition of such rights
include, at the universal level, the International Covenant on
Economic, Social and Cultural Rights (ICESCR) and, at the
regional level, the European Social Charter.
Implicit recognition occurs through a process by which
economic and social rights are “read into” international
instruments dealing with civil and political rights. This is
notably the case with the European Convention on Human
Rights, where for example, the right to adequate housing has
been read into the right to protection against inhuman and
degrading treatment and the right to respect for private and
family life. It is also the case with the African Charter on
Human and People’s Rights, where a right to housing or
shelter has been read into the combined effects of the rights
to property, health and protection of the family.
ESC rights are also recognized explicitly and implicitly at the
domestic level. This recognition is strongest when it is found
in constitutional documents, as in the 1996 South African
constitution, but it might also be found in ordinary
legislation although this is more vulnerable to changing