Economic, Social And Cultural Research Articles

Economic, Social and Cultural Rights During Crisis in Cyprus: The Interplay Between Domestic and External Normative Systems

Economic, Social and Cultural (ESC) rights have been present and active in the Cypriot legal order from the moment of its constitutional genesis. Due to the special relationship between the Constitution and the European Convention on Human Rights (ECHR), the judiciary has adopted a unique approach when interpreting the Constitution; it has been willing to engage into a comparative juridical analysis and to rely on the ECHR and the findings of the European Convention on Human Rights (ECtHR). Through this nexus with the ECHR and the streamlined approach with the ECtHR, the legal system of Cyprus has been progressive in placing social and economic rights – and to a lesser extent cultural rights – in a secure position. This traditional approach of the Cypriot courts was called into question by the 2011-2016 economic crisis, which challenged the interplay between domestic and external normative systems. The aim of this paper is to assess the impact of the recent economic crisis on the protection of ESC rights and the change in the balance between domestic and normative systems. The analysis concludes that the protection of ESC rights under the Cypriot Constitution, as formed by Cypriot case law, has been substantive and effective, while positively influenced by the extensive deployment of the comparative method. That long-standing approach has been challenged by the economic crisis and it seems that the extrovert judicial viewpoint is now partly reconsidered. The Supreme Court has indicated, albeit in specific instances, its willingness to disregard guidance from external influences and to focus instead on the idea that national constitutional protection can and should exceed that of the ECHR.

Economic, Social and Cultural Rights, Sustainable Development Goals, and Duties of Corporations: Rejecting the False Dichotomies

AbstractThe attention that the Sustainable Development Goals (SDGs) has given to public–private partnerships in solving global concerns including poverty, sustainable development and climate change has shed new light on the question of duties of corporations in relation to economic, social and cultural (ESC) rights. At the same time, objections to recognizing the obligations of corporations in relation to human rights in general and to ESC rights in particular have continued to be made. At the formal level, these objections are reflected in new distinctions such as between the duties of states and responsibilities of corporations, between primary duties of states and secondary duties of corporations, and between obligations of compliance and obligations of performance. All these objections and distinctions are untenable and serve only to stultify the discourse on business and human rights. The current state of human rights is dynamic, not static; commodious, not stale. There is ample space in it to accommodate duties of corporations regarding ESC rights.

Perspectives on Economic, Social and Cultural Rights of Women in Azad Jammu and Kashmir: A Legal Analysis

This article focuses on women’s economic, social and cultural (ESC) rights in Azad Jammu and Kashmir (AJK). The Key human right issues concerning three ESC rights, namely education, employment and health, are targeted and discussed here. The article argues that towards fulfilment of its state-like national and international human rights obligations, AJK may progressively realize for its women population, its ESC rights through legal and policy measures. At the outset, the article discusses key human rights of women in the AJK, reflecting on both law and policy issues. While discussing the three rights mentioned above, the main focus remains on equality and non-discrimination. An analytical method is adopted to analyse relevant laws and policies. The article will, however, note deficiencies, if any, in the relevant laws and policies pertaining to the three targeted rights.

Legitimacy of Right to Self-Determination Under International Law

The term self-determination refers to process by which people determine their political status. It is well established that right to self-determination (RSD) is available to all and based on its historical and conceptual evolution, its status amounts to jus cogens or obligations erga omes. In other words, it is a part of customary international law (CIL). While exercising self-determination, people may freely determine their legal and political status vis-a-vis free to pursue economic, social and cultural (ESC) development by virtue of that right. The important milestones for defining and recognizing RSD are (i) the International Covenant on civil and political rights (ICCPR), 1966 and (ii) the International Covenant on economic, social and cultural rights (ICESR), 1966 which defines RSD. In terms of RSD's implementation, there exist certain hurdles and impediments which lead to non-exercise of this right. In this context, this article focuses on legitimacy and various paradoxes of RSD under International law. It analyses its scope, binding nature and legal status with reference to the occupied people in an occupied territory. It discusses different views in relation to its applicability. The argument developed throughout the article is that by virtue of recognition of RSD, in general, international community may implement RSD of those who are denied so far and ensure its availability to all in practical terms. In particular, such right may be implemented in occupied territories by means of referendum or plebiscite under auspices of the United Nations (UN) for securing rights of those who are struggling since decades. It concludes that, by virtue of implementation and enforcement of RSD in all jurisdictions, universal lasting peace can be established and international security can be ensured.

Economic, social and cultural rights of women

PurposeThe purpose of this paper is to highlight the legal framework and challenges to economic, social and cultural (ESC) rights of women.Design/methodology/approachThis paper focuses on ESC rights of women. ESC rights are recognized under primary instrument International Covenant on Economic, Social and Cultural Rights (ICESCR), which is adopted by the United Nations (UN) in 1966. States have obligations to respect, protect and fulfil ESC rights. This paper aims to address ESC rights of women in particular. It analyzes the international legal framework including provisions of UN Charter, the Universal Declaration of Human Rights (UDHR) and ICESCR and its optional protocol. It also analyzes provisions of Women’s Convention and identifies its linkage to ICESCR.FindingsESC rights are not justiciable and growing debate over justiciability is important for consideration. Also, there exist certain challenges for the progressive realization of ESC rights which need to be addressed by analyzing provisions of the existing legal framework and Maastricht Guidelines. The argument developed throughout the paper is that women’s ESC rights may be protected at all levels by the progressive realization of these rights. The issue of justiciability may also be resolved to protect the basic needs and interests of women that leads to their empowerment.Originality/valueThe work is original and not published by any other journal so far.

The role of human rights in implementing socially responsible seafood.

Sustainability standards for seafood mainly address environmental performance criteria and are less concerned with the welfare of fisheries workers who produce the seafood. Yet human rights violations such as slavery and human trafficking are widespread in fisheries around the world, and underscore the need for certification bodies and other seafood supply chain actors to improve social performance, in addition to addressing environmental challenges. Calls for socially responsible seafood have referenced human rights law and policy frameworks to shape the guiding principles of socially responsible seafood and to provide the legal machinery to implement these aspirations, but practical guidance on how to achieve this is lacking. To provide clarity on this challenge, we reviewed the literature concerning human rights in the seafood supply chain, and prepared an analysis of opportunities and challenges to implement socially responsible seafood through relevant human rights, legal and policy instruments. We observe that human rights laws are generally framed in favour of addressing violations of civil and political rights, but there remains considerable scope for applying economic, social and cultural (ESC) rights in this context. Other challenges include weakly defined ESC rights infringements, a lack of straightforward mechanisms to enforce human rights entitlements, and practical difficulties such as resources to support and secure rights. On the positive side, governments can draw on international instruments to inspire national policies and legislation to eliminate illegalities from the seafood supply chain. However, for socially responsible seafood principles to translate into tangible actions, these objectives must be rooted in clear legal obligations and be supported by sufficient national capacity and political will.

LEGAL PERSPECTIVES ON SOCIO-ECONOMIC STATUS OF WOMEN IN AZAD JAMMU AND KASHMIR

This article focuses on legal perspectives of women’s social and economic status in Azad Jammu and Kashmir (AJK). The bulk of international human rights instruments provide that human rights are available to ‘everyone’ as grounded in Universal Declaration of human rights (UDHR), (1948) and other human rights instruments. In relation to women, economic, social and cultural (ESC) rights are specifically grounded in UDHR, Women’s Convention and the International Covenant of Economic, social and cultural rights (ICESCR), (1966). In this context, this paper analyses relevant provisions of women’s rights in order to highlight obligations of AJK pertaining to protection of ESC rights. It discusses the ESC status of women with linkage to Millennium development goals (MDGs). It aims to discuss that what are socio-economic conditions of women in AJK? Is there any pattern of vulner-ability in this respect? In general, ESC rights are considered as mere aspirations and goals therefore the Maastricht guidelines are also formulated. The argument developed throughout article is that though AJK is not a State but is state-like entity and has its human rights obligations, in particular, ESC obligations for promotion and protection of women. The women in AJK are vulnerable and may be empowered by promotion of ESC rights. Keywords: ESC rights, women in AJK, human rights

Urban renewal in Nigeria: a slash and burn approach?

This research analyses the socio-economic implications of approaches to urban renewal on displaced populations in Ogun State, south-west Nigeria. In the last 5 years, massive renewal has been undertaken in five local government areas—Abeokuta North, Ado/Odo Ota, Sagamu, Yewa South and Ijebu Ode of the State from which two—Abeokuta North and Ado-Odo/Ota—were purposively selected to carry out this study. Primary data through administration of structured questionnaires to randomly selected 420 affected adults who either had their houses or shops demolished formed the source of data. However, 380 questionnaires were returned and cleaned upon which all were analyses based. Results from binary logistic regressions show that urban renewal has significant effects on the occupation (odds ratio = 3.0; p < 0.01) and income (p < 0.01) of those affected. Urban renewal also significantly affects the health status of the local residents because results show that persons whose houses or shops were demolished are twelve times more likely to lose sound sleep (odds ratio = 12.08; p < 0.01) and also have serious issues with loss of appetite (p < 0.01) and sadness (p < 0.01) all of which are symptoms of depression. These take place as a result of avoidable consequences like forced displacements and disregard for residents’ economic, social and cultural (ESC) rights all engendered by poorly planned and poorly executed urban renewal. We therefore recommended that urban renewal in Nigeria be more holistic and that compensation be commensurate with the value of property demolished so that incidence of depression which is significant here would not reoccur in subsequent similar endeavours.

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

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.

Identifying routes to remedy for violations of economic, social and cultural rights

ABSTRACTThis article examines the status of economic, social and cultural (ESC) rights in Scotland and identifies routes to remedy for violations of these rights. ESC rights relate to areas such as housing, education, employment, standard of living and health. Violations of ESC rights impact on the most vulnerable in society. The mapping of rights conducted by the Scottish Human Rights Commission before the publication of the Getting It Right report revealed a legal deficit in the protection of ESC rights in Scotland. The evidence identified that protection mechanisms for socio-economic rights in Scotland are either insufficient or non-existent. This article builds on the evidence by exploring the legal nature of ESC rights: how they are currently protected in Scotland and how they are protected in other jurisdictions. It then examines the concept of a ‘remedy’ in international human rights law and proposes models for the better protection of ESC rights for potential future implementation in Scotland. This includes an examination of the risks and benefits in constitutionalising or legislating for ESC rights. This will be of interest to an international audience in terms of identifying justiciability mechanisms and models of constitutionalisation for ESC rights in different constitutional contexts, including Scotland.

Can the Economic Community of West African States Community Court of Justice Enforce the African Charter Replicas of the Non-Justiciable Chapter II Human Rights Provisions of the Nigerian Constitution against Nigeria?

This article highlights a major source of tension between the Supplementary Protocol of the Economic Community of West Africa States Community Court of Justice (ECOWAS CCJ) and the Constitution of the Federal Republic of Nigeria, 1999 (CFRN), in relation to the enforcement of economic, social and cultural (ESC) rights against Nigeria, as manifested in a recent decision of the ECOWAS CCJ in Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) v Federal Republic of Nigeria and Universal Basic Education Commission. The focus of this article on the tension is both from the perspective of Nigerian law and of the ECOWAS CCJ. It argues that while the CFRN cannot deprive the ECOWAS CCJ of the jurisdiction expressly given to it by its Protocols, the CFRN does have implications for the enforcement of any decision of the ECOWAS CCJ that offends its provisions within the CFRN sphere of superiority.

Analysing the Economic, Social and Cultural Rights Jurisprudence of the African Commission: 30 Years since the Adoption of the African Charter

The African Commission on Human and Peoples' Rights (the Commission), established by the African Charter on Human and Peoples' Rights (African Charter), is a quasi-judicial regional body charged with the functions of promoting and protecting human rights in Africa, including economic, social and cultural (ESC) rights. The Commission was the third regional human rights body after the European and American regional bodies. It is empowered to ‘interpret’ Africa's key regional human rights treaty, the African Charter adopted in 1981. Although the African Charter protects ESC rights alongside other rights, the African Commission noted in its Resolution on ESC Rights in Africa, ACHPR /Res.73(XXXVI)04 (2004), that ‘despite the consensus on the indivisibility of human rights, economic, social and cultural rights remain marginalised in their implementation’ in Africa. The Commission observed that there is inadequate recognition by African States of this category of rights that results in the continued marginalisation of these rights, which ‘excludes the majority of Africans from the full enjoyment of human rights’. Not surprisingly, the Commission has found several States in violations of ESC rights. One contributory cause for the continued marginalisation of this category of rights in Africa can be attributed to the lack of awareness of the Commission's jurisprudence on these rights. This article reviews selected key aspects in the Commission's jurisprudence on ESC rights since the Commission was inaugurated in 1987 focusing on the normative content; State obligations and obligations of non-State Actors; remedies and limitations to and derogations from ESC rights.

Reflections on state obligations with respect to economic, social and cultural rights in international human rights law

In 1948 the Universal Declaration of Human Rights (UDHR) declared a wide range of human rights including economic, social and cultural rights as a ‘common standard of achievement’ for all peoples and all nations. At an international level, these rights were reinforced by a legally binding international treaty, the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1966, and more recently by the Optional Protocol to the ICESCR as adopted by the UN General Assembly on 10 December 2008, and opened for signature on 24 September 2009. Despite these positive developments, six decades after the UDHR, there are still questions regarding the status of economic, social and cultural rights as human rights in international law. In particular, four key questions regarding these rights, are addressed in this article: (1) what are the real human rights obligations of states parties to the ICESCR? (2) Are such obligations territorially limited or is there scope for extra-territorial obligations? (3) Are states permitted to derogate from (some) economic, social and cultural (ESC) rights during emergencies despite the fact that the ICESCR does not contain a derogation clause either permitting or prohibiting derogations? (4) Was it really necessary to adopt in 2008 an Optional Protocol to the ICESCR to provide for the competence of the committee monitoring the obligations of states parties under the ICESCR, the Committee on Economic, Social and Cultural Rights, to receive and consider communications alleging violations of any of the rights protected by the ICESCR? And should states parties to the ICESCR sign and ratify this Optional Protocol without delay?

Lessons Learnt from the Implementation of Civil and Political Rights Judgments

The enforcement of economic, social and cultural (ESC) rights judgments is often considered to present challenges that are very different from those encountered in the realm of civil and political (CP) rights. It is often assumed that there is something particular about the implementation of ESC rights that is worth investigating. Notwithstanding the well-founded claims underlying this assumption, this paper takes a step back and asks what lessons from the implementation of CP rights judgments might be generalized and fruitfully applied to the broader field of human rights implementation, including the realm of ESC rights. Its key contribution to the discussion is achieved through a shift of focus: rather than concentrating on the type of right to be implemented and presuming that the content of the right in question will determine the success or failure of its implementation, this paper looks at the process of rights implementation as such– taking into consideration institutional design criteria of different compliance regimes as well as domestic judicial and political contexts. It proposes an interactional account of compliance in which the speed and comprehensiveness of rights implementation is crucially bound up with the relationship between (supranational) human rights bodies and (national) decision makers.

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: An Ex Ante Assessment of its Effectiveness in Light of the Drafting Process

In this article it is submitted that the text of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, as finally adopted on 10 December 2008, is to be seen as the outcome of a drafting process that was dominated by ideological prejudices rather than concerns with potential effectiveness. It goes without saying that political and ideological considerations always play a large part in negotiations of human rights instruments. However, the key question is whether this bargaining process has resulted in a potentially effective mechanism for addressing economic, social and cultural (ESC) rights violations, which takes into account the specificity of ESC rights, or rather an instrument which reflects the longstanding ideological prejudices against and scepticism towards ESC rights. Potential effectiveness is believed to have been jeopardised by weak wording, as a weak procedure is unlikely to be able to satisfactorily respond to violations of rights. At times an absolutist search for consensus seems to have been the driving force behind weakening the text.

The Future in the Mirror: Incorporating Strategies for the Defense and Promotion of Economic, Social and Cultural Rights into the Mainstream Human Rights Agenda

Drawing on a case in Peru, this article examines four strategies used by human rights NGOs in their work. In so doing, it connects external challenges to the promotion of economic, social, and cultural (ESC) rights with internal challenges to the way the human rights movement chooses to see itself. First, the value of using data and indicators in documentation has not been widely realized. Second, important advances have been achieved with respect to enforcing ESC rights, but there are limitations to court-centric approaches, which are relevant to all human rights. Third, shifting advocacy beyond the adversarial dyad with the state to address moresystematically the roles of non-state actors implies rethinking some underlying assumptions. Fourth, strategies for promoting participation and building alliances call for reexamining traditional ideas about politicization.