JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN INTERNATIONAL LAW AND ITS FUTURE IMPLEMENTATION IN INDONESIA

Irawati Handayani

doi:10.20961/yustisia.v7i3.24782

Abstract

<p>Economic, social, and cultural rights are categorized as second generation of rights in the concept of international human rights law. Due to its distinction with first generation right, which is civil and political right, it leads to the differentiation of justiciability of second generation rights. It’s quite often that the fulfillment of economic, social, and cultural rights is postponed, while on the contrary civil and political rights have to be accomplished immediately. The query of justiciability of economic, social, and cultural rights rottenly links with the responsibility of state parties on implementing the rights enumerated in ICCPR or ICESCR. Referring to Article 2 of ICESCR, the implementation of rights stated in ICESCR could be in progressive manner and usually this article is used as an example to not fulfill the right immediately. This article will elaborate further the implementation of protection of economic, social, and cultural rights in another country particularly in South Africa and compare it with Indonesia in order to achieve an ideal form of justiciability of this second generation of rights.</p>

Highlights

Drafting process of both covenants which found that both generation of rights have dissimilarity in their nature, origin, and interest. (Matthew Craven, 1998 : 7)
The Universal Declaration on Human Rights (UDHR) 1948 is the main pillar of basic human rights entitled to any human beings which has been recognized by all nations in the world
The categorization of rights soon invokes questions on the justiciability or the judicial procedure to claim the fulfillment of the rights; can the justiciability for ESC rights be fulfilled just like the CP rights? It is often seen when a torture victim seeks their compensation or remedy by filing a lawsuit to the government and stating that their freedom from torture had been violated, on the other hand, what about someone who has been denied their right to education; can they file a lawsuit to the government to fulfill that right and will the government ever give them any compensation?

Summary

INTRODUCTION

The Universal Declaration on Human Rights (UDHR) 1948 is the main pillar of basic human rights entitled to any human beings which has been recognized by all nations in the world This instrument contains rights categorized as civil and political rights (CP rights) and economic, social, and cultural rights (ESC rights). This research is utilizing a comparative study to examine practices with respect to several human rights norms that categorized under the economic, social and cultural rights that implemented in other countries It is the notion of common knowledge and hardly arguable that human rights has the nature of universality and all human rights as well as the basic freedoms have the characteristic of “indivisible, interrelated, interdependent, and of equal. Some of the misguided understandings have to be straightened immediately to give both rights the same amount of attention

General Idea on the Differences between CP Rights and ESC Rights

Findings

CLOSING