Adequate access to information is essential for individuals to effectively participate in the development and implementation of public policies concerning ESCR.
In this regard, the Inter-American Commission on Human Rights has stated that governments must make such information available, especially when citizens have no other way of accessing it. See American Convention on Human Rights , art. The non-discrimination clause is not exhaustive, and has also been interpreted to forbid discrimination on the basis of sexual orientation.
Case examples from regional international human rights bodies are included to help illustrate the scope of economic, social and cultural rights, in which case the protection of the right derives from a regional human rights instrument instead of the ICESCR. For example, the CESCR explains, if a State were to forbid a doctor from treating a person believed to be opposed to the government on the basis of national security, the State would then have the burden of justifying that its action was: performed in the interest of a legitimate aim; in accordance with domestic law and international human rights standards; compatible with the nature of ESCR; and that it was strictly necessary to promote the general welfare in a democratic society.
By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. The right of self-determination has two components: external and internal. Consequently, the right to development is integral to the right of internal self-determination. I , 27 May , para. Kenya , Communications No. Economic rights protected by the ICESCR include the rights to work, to receive a fair wage, safe working conditions, and to form and join trade unions.
Article 6 of the ICESCR protects the right to work, which is the opportunity to gain a living by work that one freely chooses or accepts. To fully realize the right to work, States are encouraged to develop technical and vocational guidance and training programs, along with policies that facilitate access to employment. The European Social Charter also provides for the right to vocational guidance and training.
See European Social Charter , arts. Along those lines, States have the core obligation to ensure the right of access to employment, by avoiding measures that discriminate against marginalized groups and by implementing national plans of action to effectuate the right to work for the disadvantaged. On the issue of ensuring the right of access to employment, the African Commission found a violation of the right to work when State officials arrested foreigners on the ground that foreigners were not permitted to engage in mining, even though the foreigners had official documents allowing them to work and live in Angola.
Angola , Communication No. The right to work implicitly forbids forced labor. Sweden , Complaint No. As with other economic, social and cultural rights, any limitation a State places on the right to strike must comply with the general limitations clause of Article 4.
Additionally, States have a duty to immediately implement the right to go on strike. Turkey , no. Where the government placed limitations on strike pickets, the European Committee of Social Rights found a violation of Article 6 right to bargain collectively of the European Social Charter. Belgium , Complaint No.
Social rights protected by the ICESCR include the rights to social security, protection of the family, an adequate standard of living including freedom from hunger, access to clean water, adequate housing, and protection of property , and mental and physical health.
See European Social Charter , art. According to the CESCR, the right to social security includes the right to access and maintain benefits without discrimination to help secure protection from lack of work-related income, unaffordable access to healthcare, and insufficient family support in the case of children and adult dependents.
States have an obligation to develop a national strategy for the full implementation of the right to social security. There is a strong presumption that retrogressive measures taken in relation to the right to social security are prohibited. Merits, Reparations and Costs. Judgment of February 28, Series C No. For example, mothers should receive special protection for a reasonable time before and after childbirth, including maternity leave with pay or with adequate social security benefits.
In Amnesty International v. Zambia , the African Commission found that the State violated its duty to protect and assist the family when the State deported political activists, because their deportation resulted in forcibly breaking up their family units.
Zambia , Communication No. To prevent the employment of children in dangerous or harmful work conditions, States should set age limits on employment, in addition to prohibiting and punishing child labor. On the issue of special measures taken to protect children, in Rochac et al. El Salvador , 7 November , paras.
One example of social exploitation is forced marriage. The UN Human Rights Council has adopted a Resolution on Child, Early, and Forced Marriage, discussing how this practice adversely affects the right to education, right to health, and the right to development. The right to an adequate standard of living entails the rights to adequate food, clothing, housing, and to the continuous improvement of living conditions.
The following rights must be guaranteed for an individual or community to have an adequate standard of living:. International human rights law recognizes the fundamental right to be free from hunger.
The American Declaration and the Protocol of San Salvador, among others, include provisions recognizing the right to food. The core content of the right requires food to be available in a quantity and quality that is sufficient to satisfy dietary needs, safe and culturally appropriate, and accessible without interfering with other human rights.
Violations of the right to food occurs when States directly interfere with enjoyment of the right and when States insufficiently regulate other actors that interfere with enjoyment of the right. For example, the African Commission held that the Nigerian government violated its three minimum core obligations of the right to food, which are that States should not destroy or contaminate food sources, should not allow private parties to do so, and should not prevent people from feeding themselves.
Nigeria , Communication No. Although the right to water is not explicitly provided for in the ICESCR, it has been interpreted to arise through the rights to an adequate standard of living and to health. The right to water entitles individuals to safe, affordable, clean, and physically accessible water for personal and domestic uses.
States should prioritize the allocation of water for personal and domestic uses, for the prevention of starvation and disease, and to ensuring that water is available to meet the core obligations of other ESCR, including the right to food or the right to health. States have a related duty to ensure that everyone has access to adequate sanitation , which is crucial to protecting the quality of the water supply.
The CESCR notes that during armed conflicts and emergency situations, States have the duty to protect drinking water sources and to ensure that civilians, internees, and prisoners have access to adequate water. For example, in the context of the armed conflict in Darfur, the African Commission found that the State violated the right to health under the African Charter when its armed forces, inter alia , poisoned water wells and denied access to water sources. Sudan , Communications Nos.
The nexus between business and human rights often impacts the right to water. Portugal , when the Roma were living in a settlement that frequently had no access to water, electricity or sanitation. See Complaint No. Forced evictions are prohibited under the right to housing. Forced evictions are the permanent or temporary removal of individuals or communities against their will from their homes or land without access to appropriate protection.
States should establish legal guidelines for evictions that specify when they may be carried out and that provide evicted parties with remedies if needed. Italy , Complaint No. International human rights law protects the right to property. Although the right is not enumerated in the ICESCR, it is implicitly protected as part of the right to housing, the right to food, and the right to an adequate standard of living.
Regional human rights treaties have explicitly guaranteed the right to property. On this issue, the Inter-American Court found that the State had violated the right to property when it forced indigenous communities to leave their ancestral land. Judgment of March 29, The ICESCR identifies the following four steps States should take to fully realize this right: provide for the reduction of the stillbirth-rate and infant mortality and for the healthy development of children; improve all aspects of environmental and industrial hygiene; prevent, treat, and control disease; and create conditions that would provide all with medical attention in the event of sickness.
The right to health implicitly involves the Right to a Healthy Environment. States are obligated to eliminate or reduce the harmful effects of environmental pollution by taking appropriate regulatory or monitoring measures so that its citizens may fully enjoy their right to health. Spain , no. Cultural rights protected by the ICESCR include the rights to education, to take part in cultural life, to enjoy the benefits of scientific progress, and copyright and trademark protections.
This is the core content of the right, it must be immediately implemented, and it is justiciable. If a significant number of individuals within a State are deprived of primary education, that State is failing to discharge its obligation under the Covenant.
To refute this failure, the State must demonstrate it is unable to immediately implement free primary education despite using all available resources. States that have not implemented free primary education have two years to adopt a detailed action plan that provides for its progressive implementation within a reasonable period. All sections of civil society should participate in formulating the plan, which should include a periodic review process to ensure accountability.
The obligation of non-discrimination must be applied immediately and fully. This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights ESCR , as well as the connection between ESCR and other rights.
Concerns the role of good governance in the promotion of human rights, with particular reference to the enjoyment of economic, social and cultural rights in Mongolia. Skip to content. Author : Bertie G. Author : R.
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