The role of the courts in protecting Economic, Social and Cultural Rights
The attached document is
Chapter 14 “The Role of the Courts in Protecting Economic, Social and Cultural
Rights” from the manual of the United Nations Office of the High Commissioner
for Human Rights and the International Bar Association
Professional Training
Series No. 9 Human Rights in the Administration of Justice, a Manual on Human
Rights for Judges, Prosecutors and Lawyers, Geneva
The principal aim of this chapter is to describe the important role
played by international monitoring bodies and domestic courts in
contributing to the protection of economic, social and cultural rights
at the national level.
The chapter will begin, however, by
explaining in general terms why the original single human rights
covenant was ultimately split into two covenants, one guaranteeing
civil and political rights and the other protecting economic, social
and cultural rights. It will then briefly describe the intrinsic
relationship between these two categories of rights, which depend on
each other for their mutual and effective realization. Thirdly, the
chapter will undertake a survey of the economic, social and cultural
rights guaranteed by the universal and regional human rights treaties
and analyse the legal obligations of States to protect these rights.
Fourthly, it will discuss the legal nature of economic, social and
cultural rights, including their justiciability. This will be followed
by an examination of the interpretation by the international monitoring
bodies of the right to adequate housing and the right to health. In
this connection, reference will be made to examples from domestic case
law which show that courts are increasingly called upon to adjudicate
questions appertaining to the field of economic, social and cultural
rights. The chapter will conclude with a description of the important
role played by the legal professions in ensuring the effective
protection of these rights.
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It should be
noted that, notwithstanding their fundamental importance, this chapter
will not deal with the many conventions and recommendations adopted
within the framework of the International Labour Organization, which
provide extensive protection of workers’ rights. However, a list of
some major ILO Conventions is contained in Handout No. 1.