Chapter Three. The Right to Education and the Disputed Category of Economic, Social and Cultural Rights

Abstract

In this chapter, questions are asked relating to the character of economic, social and cultural rights, their relationship with civil and political rights, whether economic, social and cultural rights are judicially enforceable and what the obligations of states are in terms of international agreements which protect economic, social and cultural rights. The chapter focuses on the drafting of the International Covenants on Civil and Political and Economic, Social and Cultural Rights. This is followed by an examination of the arguments traditionally raised against economic, social and cultural rights. Two important arguments in support of economic, social and cultural rights are then analysed: firstly, the notion that all human rights are interdependent and indivisible, and secondly, the concept that all human rights impose on the state duties to 1) respect, 2) protect and 3) fulfill. Finally, the extent to which economic, social and cultural rights are justiciable is studied.Keywords: Bossuyt; Cranston; cultural rights; economic rights; right to education; social rights; Vierdag