General Comment No. 27 (2025) on Economic, Social and Cultural Rights and the Environmental Dimension of Sustainable Development
General Comment No. 27 (2025) on Economic, Social and Cultural Rights and the Environmental Dimension of Sustainable Development
- Research Article
26
- 10.1353/hrq.1998.0028
- Aug 1, 1998
- Human Rights Quarterly
Commentary to the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights Cees Flinterman (bio), Scott Leckie (bio), and Victor Dankwa (bio) I. Introduction In 1986 the International Commission of Jurists, the Maastricht Centre for Human Rights of the University of Limburg (the Netherlands), and the Urban Morgan Institute for Human Rights, College of Law, University of Cincinnati (Ohio, USA) convened a group of distinguished experts in international law to consider the nature and scope of the obligations of state parties to the International Covenant on Economic, Social and Cultural Rights (ICESCR). 1 This meeting (which was attended, among others, by some members of the then newly constituted ECOSOC Committee on Economic, Social and Cultural Rights and by staff members of the United Nations and Specialized Agencies) resulted in the adoption of the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights. At the initiative of the Netherlands government, these Principles have been issued as an official UN document; they have also [End Page 705] been published in the Human Rights Quarterly and in the Review of the International Commission of Jurists. 2 Over the past ten years economic, social and cultural rights have received more, although certainly not yet sufficient, attention at the international governmental level. The Committee on Economic, Social and Cultural Rights has played a most constructive role in this respect. Mention should also be made of the various studies in the field of economic, social and cultural rights undertaken by special rapporteurs appointed by the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities. In 1993, the Second World Conference on Human Rights in Vienna reaffirmed the universality, interdependence, and indivisibility of economic, social, cultural, civil, and political rights, and stressed the need for elaborating an Optional Protocol to the ICESCR. 3 In this respect also relevant is the comprehensive report of the Netherlands Advisory Committee on Human Rights and Foreign Policy on the issue of economic, social and cultural rights. 4 This report contains twenty-nine recommendations concerning, inter alia, economic, social and cultural rights in a UN context, in specialized UN organizations, and in regional organizations. It also submits some recommendations concerning certain fundamental questions, such as the relevance of an integrated approach to civil and political rights and economic, social and cultural rights. 5 The report was in general favorably received by the Netherlands government, except for the recommendation concerning the introduction of an individual and collective complaint procedure under the ICESCR. 6 The monitoring of the progressive realization of economic, social and cultural rights is extremely complicated and requires an enormous amount of good quality data. Some have expounded the view that economic and social indicators should be developed to assess progress in the realization of [End Page 706] economic, social and cultural rights. 7 It is certainly worthwhile to pursue this inquiry in light of the conclusions reached by a UN Seminar on Appropriate Indicators to Measure Achievements in the Progressive Realization of Economic, Social and Cultural Rights. This seminar concluded inter alia that it is necessary to develop new approaches in data collection, analysis, and interpretation, focusing on the status of the poor and disadvantaged groups but also disaggregating the data for a number of variables, including gender. 8 However, another potentially fruitful approach may be to focus on identifying violations enumerated in the ICESCR. The proposal to elaborate an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is based on the same premise. This proposal was submitted by the Committee on Economic, Social and Cultural Rights, the monitoring body under the ICESCR, and is now pending before the UN Commission on Human Rights. The Optional Protocol is intended to provide for a communications procedure concerning violations of all rights set forth in the ICESCR. 9 The Limburg Principles already made an early start in identifying the issue of violations of economic, social and cultural rights. 10 In a recent [End Page 707] article on a violations approach for monitoring the ICESCR, Audrey Chapman argued that it is time for NGOs, governments, and human rights monitoring bodies to reorient their work toward identifying and rectifying violations...
- Research Article
5
- 10.17159/1727-3781/2013/v16i3a2376
- May 3, 2017
- Potchefstroom Electronic Law Journal
A Human Rights-Based Approach to Poverty Reduction: The Role of the Right of Access to Medicine as an Element of the Right of Access to Health Care
- Research Article
34
- 10.1353/hrq.2004.0054
- Nov 1, 2004
- Human Rights Quarterly
Advancing Economic, Social, and Cultural Rights:The Way Forward Mary Robinson (bio) A timely and significant debate has begun on how nongovernmental organizations (NGOs) and other civil society actors can most effectively influence states and third party actors to progressively implement their economic, social, and cultural (ESC) rights obligations. The debate is timely because too little attention has been paid in the past to this important area of human rights work. It is significant because it can help energize a human rights community worldwide that has felt battered and bruised by the erosion of international standards protecting civil and political rights in our post-September 11 world. It is even more noteworthy because the debate has begun in the United States, where skepticism about the full international human rights agenda has been strongest. During my five-year term as UN High Commissioner for Human Rights, I emphasized that we had entered a new era for human rights following the fall of the Berlin Wall and the end of the Cold War. We had an opportunity to move on from the sterile years when Western countries focused almost exclusively on the importance of civil and political rights and used these in their critique of Soviet bloc countries and many developing countries, while those countries in turn emphasized economic and social rights while rejecting criticism of their political structures and lack of civil rights protection. The time had finally come to take the two sets of rights equally seriously, as the drafters of the Universal Declaration of Human Rights intended, and to find the most effective ways to promote and protect them. A number of steps were taken at the international level during this period, which helped strengthen efforts to better define and implement [End Page 866] economic, social, and cultural rights. New mandates were created by the UN Commission on Human Rights which appointed special rapporteurs in areas such as education, food, and the highest attainable standard of health as well as an independent expert on the right to development, all of whom have made substantive contributions to advancing the agenda on these issues. At the request of the UN Committee on Economic, Social and Cultural Rights, the Office of High Commissioner for Human Rights (OHCHR) worked to develop human rights guidelines for Poverty Reduction Strategies. Important strides were also made by UN agencies and programs following Secretary-General Kofi Annan's call for human rights to be mainstreamed throughout the UN system. Key UN bodies, from the UN Development Program to the World Health Organization and the UN Children's Fund (UNICEF), emphasized the human rights framework in implementing their mandates. They and other UN actors adopted a common understanding of what they would mean by "a rights-based approach." As part of this effort, OHCHR has increased its cooperation with UN country teams working on economic and social development issues. Regional meetings have reviewed national case law and shared experiences of how different national courts and regional systems were addressing international commitments concerning economic, social, and cultural rights. Meanwhile, my travels as High Commissioner brought me in contact with human rights activists and NGOs in every region that were finding innovative ways to hold their governments accountable for the commitments they had made under the International Covenant on Economic, Social and Cultural Rights (ratified by 149 states), the Convention for the Elimination of Discrimination against Women (ratified by 177 states), and the Convention on the Rights of the Child (ratified by 192 states), all of which also include specific provisions concerning ESC rights. I recall, for example, the way in which a wide cross section of Brazilian NGOs prepared an alternative report to the UN Committee on Economic, Social and Cultural Rights in order to bring home the government of Brazil's failure to produce a required report to the Committee within the time allowed under the International Covenant on Economic, Social and Cultural Rights. This effort proved to be a turning point, resulting in more constructive debate on rights throughout Brazil, and caused the government to step up efforts to fulfill its international human rights commitments. Major international NGOs were also expanding their work to include research, policy...
- Book Chapter
1
- 10.1163/ej.9789004147041.i-738.24
- Jan 1, 2006
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
- Research Article
10
- 10.2139/ssrn.319202
- Jul 16, 2002
- SSRN Electronic Journal
This article argues that the UN Committee on Economic, Social and Cultural Rights needs to promote a substantive approach to equality in its anticipated General Comment (interpretive statement) on women's equal enjoyment of the rights enumerated in the International Covenant on Economic, Social and Cultural Rights 1966 (article 3). The achievement of substantive gender equality relies on two main commitments: tackling the structural causes of women's inequality and recognizing women's different experiences and contexts in a way that is consistent with equality. The article begins by providing a general overview of the elaboration of General Comments by the UN human rights treaty committees, with a particular focus on the Committee on Economic, Social and Cultural Right's work in this area. Secondly, it examines the inadequate treatment of gender issues in the General Comments adopted by the treaty committees in the past. It also maps the recent trend to adopt General Comments relating specifically to women's enjoyment of human rights, which has followed from the commitments to mainstreaming women's human rights made at the 1993 Vienna World Conference on Human Rights and the 1995 Beijing World Conference on Women. The article describes and critically welcomes the different approaches to gender mainstreaming taken by the Human Rights Committee and the Committee on the Elimination of Racial Discrimination, in their General Comments on women. Thirdly, the article argues that just adding to the existing human rights paradigm is not enough to ensure the indivisibility of women's human rights, without also attending to the structural causes of women's marginalisation and exclusion, and to the diversity of women's experience. It suggests how the Committee on Economic, Social and Cultural Rights should incorporate an appreciation of the historical, cultural, traditional and religious contexts within which women's inequality has been normalized into the concept of equality elaborated in the anticipated General Comment. In addition, the article argues the need to recognize that an important component of promoting structural change is the need to modify gender stereotypes and hierarchies by changing notions of masculine privilege, as well as female subservience, and that much can be learned from the work of the UN Committee on the Elimination of Discrimination Against Women in this regard. In the face of women's enduring economic, social and cultural disadvantage, the elaboration of a General Comment on women's equal enjoyment of economic, social and cultural rights is an indispensable tool in the continuing struggle to resist the gendered (masculine) subjectivity of human rights law and reconstruct its norms so that women are fully included.
- Single Book
43
- 10.4324/9781315257044
- May 15, 2017
Contents: Introduction Part I Human Rights Obligations: The nature and scope of states parties' obligations under the International Covenant on Economic, Social and Cultural Rights, Philip Alston and Gerard Quinn The applicability of international human rights law to non-state actors: what relevance to economic, social and cultural rights?, Manisuli Ssenyonjo Limitations to and derogations from economic, social and cultural rights, Amrei MA ller Countering, branding, dealing: using economic and social rights in and around the international trade regime, Robert Wai. Part II Selected Substantive Rights: Enhancing enforcement of economic, social and cultural rights using indicators: a focus on the right to education in the ICESCR, Sital Kalantry, Jocelyn E. Getgen and Steven Arrigg Koh Health systems and the right to health: an assessment in 194 countries, Gunilla Backman, Paul Hunt, Rajat Khosla, et al The personal application of the right to work in the age of migration, Haina Lu A human right to access water? A critique of General Comment No. 15, Stephen Tully Towards an understanding of the right to enjoy the benefits of scientific progress and its application, Audrey R. Chapman What are cultural rights? Protecting groups with individual rights, Laura Reidel. Part III Justiciability of Economic, Social and Cultural Rights: Justiciability of economic, social, and cultural rights: should there be an international complaints mechanism to adjudicate the rights to food, water, housing, and health?, Michael J. Dennis and David P. Stewart Chronicle of an announced birth: the coming into life of the optional protocol to the International Covenant on Economic, Social and Cultural Rights a the missing piece of the International Bill of Human Rights, Catarina de Albuquerque The collective complaints system of the European social charter: interpretative methods of the European Committee of Social Rights, Holly Cullen Justiciability of economic, social and cultural rights in the inter-American system of protection of human rights: beyond traditional paradigms and notions, MA^3nica Feria Tinta Enforcing the economic, social and cultural rights in the African Charter on Human and Peoples' Rights: 20 years of redundancy, progression and significant strides, Christopher Mbazira Socioeconomic rights: do they deliver the goods?, Dennis M. Davis Name index.
- Research Article
7
- 10.1080/14754830802071968
- Jun 17, 2008
- Journal of Human Rights
Human rights queryfalse are typically presented in terms of entitlements, correlative duties, claims, “trumps,” and remedies. 1 These framings, which draw principally on law and philosophy, emphasi...
- Book Chapter
- 10.1017/cbo9781316018552.004
- Jun 11, 2015
According to Article 19 ICCPR, the right to freedom of opinion and expression includes the freedom to seek, receive and impart information and ideas through any media and regardless of frontiers. The Human Rights Committee included the right of access to information as specific item in its General Comment No. 34 on freedom of opinion and expression. The rights to seek and to have access to information, as well as the right to receive information, have traditionally been developed in the context of civil and political rights. Information plays a central role in good governance and the democratic process. However, the right to information is also a significant element in good governance regarding the implementation of economic, social and cultural rights, such as the right to education, the right to health, the right to food and the right to an adequate standard of living. Information plays a crucial role in securing access to facilities, goods and services in the field of, for instance, health and education and in allowing people to make informed choices in these areas. The right to information thereby contributes importantly to the enjoyment of these rights. This chapter explores the interconnectedness between the right to information and economic, social and cultural rights as enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Committee on Economic, Social and Cultural Rights, which monitors the compliance with and implementation of the ICESCR, has maintained that access to information about relevant services and facilities is part of the normative content of several provisions, for instance the right to health and the right to work. This right to information accordingly brings several types of state obligations, including the negative obligation to allow access to information concerning economic and social facilities and services, but also in some instances positive obligations to promote, facilitate and provide access to, as well as actively distribute, information. This chapter will outline the normative content and corresponding state obligations of the right to information in relation to several economic, social and cultural rights, in particular the right to health. This chapter focuses on the interpretative and supervisory work of the CESCR, in particular its concluding observations as part of the state reporting procedure and its General Comments, but will also examine the work of other UN bodies and secondary sources. Since the work of several regional human rights bodies has been crucial in the elaboration of the right to information, these will also be briefly analysed.
- Research Article
1
- 10.5937/zrpfns49-8090
- Jan 1, 2015
- Zbornik radova Pravnog fakulteta, Novi Sad
The work is an attempt of the author to, in a relatively systematic way, presents the norms of Economic and Social Rights in the Constitution of Serbia from 2006. Before that, in the introduction the author refers to the commonplace with regard to human rights and their institutionalization, constitutionalization and internationalization. The process of institutionalization of human rights was started in England by adoption of the Great Charter of Freedoms (Magna Carta Libertatum) in 1215. Constitutionalization of human rights begins with the adoption of the first ten amendments to the US Constitution in 1791. French writers of the Constitution unlike the American in Declaration of the Rights of Man and the Citizen proclaimed certain new rights such as freedom of movement, freedom of assembly, the right to free expression of thought, right to petition or freedom of culture. At first human rights were an asset to limit state power, but with new theories by which the state can not be seen only as a political organization, but as a community that has a socio-economic content, the state must guarantee to the citizens a certain corpus of economic and social rights by Constitution. Economic, social and cultural rights are classified as second generation of rights. Economic and social rights are directed to the fact that individuals are brought to the position that they can enjoy their civil and political rights. These rights, known as social welfare, are rights based on the principles of equality and solidarity, and their purpose is, inter alia, to help to the socially vulnerable members of the community. Constitutional act, which is important for the world the constitutional recognition of these rights is the Weimar Constitution from 1919. which predicted legislative measures to implement these rights. For the internationalization of these rights very important is Universal Declaration of Human Rights from 1948 and the International Covenant on Economic, Social and Cultural Rights from 1966. The Constitution of the Republic of Serbia from 2006 regulates economic rights as human rights that contribute to the economic stability of man in society. Serbian Constitution provides: The right of ownership; right to inheritance; right to work; the right to strike and freedom of entrepreneurship as economic rights. The Constitution of Serbia predicts the following social rights (such as rights whose purpose is to provide social security in society and economic life worthy of man): the right to health care; the right to social protection; the right to a healthy environment; special protection of family, mother as a single parent and child. It also provides an overview of a Constitutional Court decision which is the subject of protection of the right to health insurance. Finally the author concludes that there is no possibility of achieving the full realization of civil and political rights, if the majority of members of a society do not have the basic existential conditions for the development of their physical and mental potential. An individual who leads the battle for bare physical survival, cares little for the rights such as the right to freedom of thought or electoral law. The state can not ,of course , sacrifice political rights to economic and social, but physical existence and personal development are precondition for the enjoyment of political rights.
- Book Chapter
7
- 10.1017/cbo9780511511257.002
- Aug 13, 2007
The West is regularly presented as indifferent, even hostile, to economic, social, and cultural rights. Economic and social rights “are largely dismissed in the West.” “Philosophically the Western doctrine of human rights excludes economic and social rights.” “The dominant Western conception of human rights …emphasizes only civil and political rights” (Chomsky 1998, 32; Pollis 1996, 318–19; Muzaffar 1999, 29; compare Pollis & Schwab 1979, xiii; Wright 1979, 19; Henry 1996, xix; Felice 2003, 7; Senarclens 2003, 141). This story often takes a “three generations, three worlds” form: successive generations of civil and political, economic, social, and cultural, and peoples' rights being championed by the West, the socialist countries, and the Third World, respectively (Vasak 1984; Vasak 1991; Marks 1981; Berting 1990, 197–201; Flinterman 1990; Mbaye 2002, 47–48; Smith 2003, 46–47; Tomuschat 2003, ch. 3; Ishay 2004, 10–11, ch. 2–4; compare Galtung 1994, 109, 151–54). In this telling, economic and social rights were largely forced on a resistant West, which not only continues to pursue a one-sided emphasis on civil and political rights but has intensified this narrowness in recent years (Evans 2001, 57, 60–61; Otto 2001, 55; Puta-Chekwe & Flood 2001, 41; Felice 2003, 7). This standard story, which I label the myth of Western opposition, has virtually no basis in fact. The first three sections of this chapter demonstrate this by examining the Western role in the development of international human rights norms.
- Book Chapter
163
- 10.1017/cbo9780511815485.025
- Jan 19, 2009
INTRODUCTION After the adoption in 1948 of the Universal Declaration of Human Rights (‘UDHR’), which included a relatively full catalogue of human rights, the UN General Assembly instructed the Commission on Human Rights to commence the drafting of a single covenant on human rights. While the drafting of a treaty covering civil and political rights was completed in short time, disagreement over whether to include economic, social and cultural rights led the Economic and Social Council (‘ECOSOC’) to request guidance from the General Assembly. The General Assembly initially ordered the Commission to produce one covenant but later reversed its position due to mediocre drafting progress, further prompting from ECOSOC and opposition of some Western States to economic, social and cultural rights. In 1966, it approved the adoption of two Covenants: the International Covenant on Civil and Political Rights (‘ICCPR’) and the International Covenant on Economic, Social and Cultural Rights (the ‘Covenant’ or ‘ICESCR’), the latter lacking a complaints mechanism. Two decades after this schism, the ‘renaissance’ of economic, social and cultural rights (‘ESC rights’) is partly attributable to the pioneering work of the UN Committee on Economic, Social and Cultural Rights (‘the Committee’). Established in 1987, the Committee has developed a ‘jurisprudence’ through its general comments and State-specific concluding observations. This work has been influential and catalytic in helping develop the conceptual framework of economic, social and cultural rights.
- Single Book
79
- 10.1596/0-8213-5922-3
- Sep 1, 2004
The evolution of the right to water can be traced to the developments of the early 1970s. This Study analyzes the resolutions and declarations of the various conferences and forums that have been held since that time, and the ways in which they have confronted the issue of the right to water. The Study then discusses the evolution of the international legal regime for the protection and promotion of human rights, and pays particular attention to the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, as well as to the International Covenant on Civil and Political Rights. The role of each of the committees established to oversee the implementation of the two Covenants is considered in some detail. Particular attention is given to the Committee on Economic, Social and Cultural Rights, its evolution, and its strengthening, and the practice of issuing General Comments. The last two parts of the Study are devoted to General Comment No. 15, which recognizes the human right to water. These parts analyze the extent to which the Comment recognizes a legal right to water, and highlights some policy aspects that are related to, and may affect, this right. The core thesis of this book is that there exists, within the legal framework of the International Covenant on Economic, Social and Cultural Rights, a human right to water because it is a right that inheres in several other rights, and a right without which key provisions of the Covenant would be rendered ineffectual. This conclusion is buttressed also by the interpretative authority that lies with the Committee having evolved from its initial form as a Working Group, to what is now undeniably, a fully-fledged entity, with significant formal authority and legitimacy. Although this conclusion acknowledges that General Comments do not create new rights, it recognizes that General Comment No. 15 extrapolates the normative and practical bases of a human right to water within the fabric of the International Covenant on Economic, Social and Cultural Rights. Together with a number of General Assembly resolutions on the issue, including the Millennium Development Goal related to water, as well as the voluminous body of soft law provisions, the General Comment arguably provides further evidence that there is an incipient right to water evolving in public international law today. Moreover, the Comment has offered a new momentum to efforts aimed at translating those soft law commitments into substantive, precise, and legally binding obligations.
- Conference Article
- 10.46793/rz25.121ni
- Jan 1, 2025
Economic entities in the global market, within the oil industry, have become aware that they must pay attention to the environment in their business operations. Environmental accounting enables them to track and analyze the necessary information concerning their effects on the environment. For many economic entities, monitoring the harmful impacts on the environment and environmental protection is not only a challenge to meet the requirements of regulatory bodies and supply chains, due to the reputation of business image and consumer pressure, but also due to the necessity of a business strategy that promotes corporate sustainable development. The subject of this research is the analysis of the state of environmental accounting in the oil sector, while respecting the framework of sustainable development faced by economic entities in this sector. The aim of the paper is to investigate how much attention is devoted to environmental accounting and sustainable development in the oil industry in Bosnia and Herzegovina, and to apply the regulations that govern environmental accounting, as well as to systematize the components of environmental accounting, objectives, and dimensions of sustainable development. It has been established that the implementation of environmental accounting is weak, but that in making business decisions, economic entities in the oil sector in Bosnia and Herzegovina rely on the effects of the economic and environmental dimensions of sustainable development.
- Research Article
2
- 10.7574/cjicl.03.02.214
- Jan 1, 2014
- Cambridge Journal of International and Comparative Law
From its entry into force in 1976 up to its present membership of 160 States Parties, the interpretation of the International Covenant on Economic, Social and Cultural Rights (hereafter, the Covenant) has always involved confronting normative and institutional complexities. Unlike the specific prohibitions contained in the International Covenant on Civil and Political Rights (ICCPR), Covenant norms purposely contemplate dynamic implementation over time, with the quality of treaty compliance expected to accommodate and adjust to States' governance capabilities, resource endowments, and fiscal contexts. Such interpretive variability, however, did not necessarily doom the Covenant to normative indeterminacy. Rather, as we show in Part I (A Normative Lattice: The Determinacy of Economic, Social, and Cultural Rights), the lattice-like normative system of the Covenant still enables a reasoned assessment of international responsibility and compliance by State and non-State actors with Covenant obligations. Covenant interpreters must first identify the legal social protection baseline applicable to the State (e.g. the ‘minimum core content of Covenant obligations’ that are jointly determined at the outset by each State Party with the Committee on Economic, Social, and Cultural Rights upon the State's accession to the Covenant), in conjunction with two overarching obligations flowing parallel with this baseline – the ‘principle of nondiscrimination’, which requires a State Party to guarantee non-discrimination in their implementation of Covenant rights; and the ‘principle of non-retrogression’, which commits a State Party to social protection conduct that will, at the very least, not fall below its pre-committed legal baseline of the ‘minimum core’ of Covenant rights. These two principles and the ‘minimum core’ baseline comprise the starting point for the periodic assessment of compliance with the Covenant. Beyond this point, Covenant interpreters have to assess the State's continuing obligation to ‘progressively realize’ Covenant rights as the State's fiscal, economic, and governance contexts and capabilities accordingly adapt and develop over time. We further note that the programmatic, evolutive, and transactional nature of economic, social and cultural rights inimitably involves a spectrum of actors – States as well as non-State actors (such as international organizations). As we show in Part II (Expanding Universes: Covenant Interpreters and Violations by State and non-State Actors), international responsibility for Covenant violations could attach, not just for conduct of States and non-State actors that breach individual substantive obligations in Articles 6 to 15 of the Covenant, but also from breach of the overriding ‘duty to cooperate’ that was built into the telos and design of Covenant obligations. The duty to cooperate, as recognized throughout the General Comments issued by the Committee, is an obligation that has particular salience especially in times of economic emergencies or resource scarcities impairing States Parties' abilities to ‘respect, protect, and fulfill’ economic, social and cultural rights. As is axiomatic with the law of international responsibility, Covenant violations give rise to a corollary duty to make reparations. However, the ultimate form of relief granted would depend on the actual jurisdictional remit of the forum chosen to adjudicate the Covenant violation. In this respect, the proliferation of authoritative institutions that now interpret the Covenant (e.g. the Committee on Economic, Social and Cultural Rights; States Parties; international, regional, and national courts and tribunals; other specialized agencies of the United Nations) explains the diversity of forms of relief recognized as sufficient reparations for Covenant violations. In the Conclusion (Reframing International Responsibility for Covenant Violations), we point out the convergence of various dialectical achievements throughout nearly five decades since the entry into force of the Covenant: 1) the sustained quasi-legislative work of the Committee throughout its General Comments; 2) the continuing interpretive practices of national, regional, and international courts and tribunals in regard to economic, social, and cultural rights; 3) the broad participation and interpretive praxis of States, international organizations, and other non- State actors in the settled reportage procedures before the Committee; and 4) the recent adoption of empirical methodologies for assessing human rights compliance. These developments helped ripen a modern interpretive paradigm for the authoritative determination of international responsibility for Covenant violations.
- Research Article
5
- 10.1017/ilm.2019.33
- Aug 1, 2019
- International Legal Materials
The United Nations Committee on Economic, Social and Cultural Rights (CESCR) took an unusual step in issuing its “General Comment No. 24 on State Obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities.” Unlike most of CESCR's other General Comments, General Comment No. 24 does not tackle a specific right. Instead, it consolidates and elaborates the Committee's jurisprudence on states' obligations in the area of business and human rights, providing clarity on its approach to some of the most contentious issues within the field of business and human rights. This General Comment has the potential to have profound implications for the ongoing development of legal standards in the area of business and human rights, including implementation of the UN Guiding Principles on Business and Human Rights (UNGP).
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