Chapter 14. Economic, social and cultural rights in occupied territory

Abstract

This chapter begins with analysing a limited set of economic, social and cultural (ESC) rights embodied in International humanitarian law (IHL) treaty-based rules, which deal specifically with the protection of civilian population in occupied territories. It explores the significance and applicability, in occupied territories, of ESC rights contained in the International Covenant on Economic, Social and Cultural Rights (ICESCR) and other human rights treaties. The chapter examines the question of derogability of the ICESCR on the basis of its travaux preparatoires and publicists opinions. The rules governing the requirement to respect and protect humanitarian relief personnel, civil defence organisations, medical personnel, civilian hospitals and medical units are applicable in any territories affected by armed conflict. In collaboration with national and local authorities, the occupying powers must ensure and maintain the medical and hospital establishments and services, public health and hygiene in the occupied territory.Keywords: civil defence organisations; economic, social and cultural (ESC) rights; humanitarian relief; international covenant on economic, social and cultural rights (ICESCR); international humanitarian law (IHL) treaty-based rules; occupied territory