An Introduction to Economic, Social and Cultural Rights: Overcoming The Constraints of Categorization Through Implementation

An Introduction to International Human Rights Law, Chowdury & Bhuniyan (eds) Martinus Nijhoff 2010

28 Pages Posted: 7 Jan 2015

Date Written: December 6, 2010

Abstract

Now that the United Nations General Assembly has adopted by consensus, on 10 December 2008, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights which paves the way for individual complaints of economic, social and cultural rights against States Parties, it seems to be an appropriate time to reflect on why it has taken so long for these developments to occur. There is tremendous optimism that economic, social and cultural rights obligations can no longer be ignored or wished away by many States.

A chronological approach has been taken, from the international to the domestic, with a view to illustrate how an initial false categorization has been utilized to create tiers in the protection of human rights. Further reliance on that categorization is detrimental to the rights of the majority of the world’s population.

Suggested Citation

Jaichand, Vinodh, An Introduction to Economic, Social and Cultural Rights: Overcoming The Constraints of Categorization Through Implementation (December 6, 2010). An Introduction to International Human Rights Law, Chowdury & Bhuniyan (eds) Martinus Nijhoff 2010, Available at SSRN: https://ssrn.com/abstract=2545757 or http://dx.doi.org/10.2139/ssrn.2545757

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