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ESCR / Statements / 2004 / May

The role of the courts in protecting Economic, Social and Cultural Rights

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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.​

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Date: May 19, 2004
Activity: Economic, Social and Cultural Rights
Type: Statements
Subjects: Inequality, Justice system, Poverty, Right to adequate standard of living

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