b. The International Covenant on Economic, Social and Cultural Rights
After 20 years of drafting debates, the ICESCR was adopted by the General Assembly in 1966 and entered into force
in January 1976. In many respects, greater international attention has been given to the promotion and protec- tion
of civil and political rights rather than to social, economic and cultural rights, leading to the erroneous
presumption that violations of economic, social and cultural rights were not subject to the same degree of legal
scrutiny and meas- ures of redress. This view neglected the underlying principles of human rights – that rights are
indivisible and interdependent and therefore the viola- tion of one right may well lead to the violation of
another.
Economic, social and cultural rights are fully recognized by the international community and in international law
and are progressively gaining attention. These rights are designed to ensure the protection of people, based on
the
expectation that people can enjoy rights, freedoms and social justice simulta- neously.
The Covenant embodies some of the most significant international legal pro- visions establishing economic, social
and cultural rights, including, inter alia, rights relating to work in just and favourable conditions; to social
protection; to an adequate standard of living including clothing, food and housing; to the highest attainable
standards of physical and mental health; to education and to the enjoyment of the benefits of cultural freedom and
scientific progress.
Significantly, article 2 outlines the legal obligations which are incumbent upon States parties under the Covenant.
States are required to take positive steps to implement these rights, to the maximum of their resources, in order
to achieve the progressive realization of the rights recognized in the Covenant, particularly through the adoption
of domestic legislation.
Monitoring the implementation of the Covenant by States parties was the responsibility of the Economic and Social
Council, which delegated this responsibility to a committee of independent experts established for this pur- pose,
namely the Committee on Economic, Social and Cultural Rights.
As at March 2000, 142 States were parties to the Covenant.
|