Economic, Social and Cultural Human Rights: The Journey towards Peremptory Norms in International Law

Abstract

ABSTRACTThe past 50 years of national effort and international cooperation have produced a mixed legacy of unequal enjoyment of economic, social and cultural (ESC) rights. Despite a wide framework of national, regional and international ­­norms and mechanisms for observance of ESC rights and obligations, a systemic tendency disconnects ESC rights from economic and financial decisions necessary for their realisation. To be truly effective, the ‘customary core’ of minimum ESC rights obligations should play a priority role in the economic and financial decision-making of states, international institutions and non-state actors. While this core has not now reached the status of peremptory norms, the duty of international cooperation to realize human rights requires transnational coordination that gives priority to core ESC rights obligations in economic, financial and development policies and operations. Action in three areas is needed: first, building a common approach to ‘core’ content in the inter-institutional interpretation and supervision of ESC rights; second, targeting the widespread practice of international cooperation to better coordinate responsibility for extraterritorial effects on core ESC rights; and third, holding international organisations and their members responsible for the effects of their action on national effort and international cooperation for ESC rights.