19.05.04
Statements
The role of the courts in protecting Economic, Social and Cultural Rights
The attached document isChapter 14 “The Role of the Courts in Protecting Economic, Social and CulturalRights” from the manual of the United Nations Office of the High Commissionerfor Human Rights and the International Bar Association Professional TrainingSeries No. 9 Human Rights in the Administration of Justice, a Manual on HumanRights for Judges, Prosecutors and Lawyers, Geneva
The principal aim of this chapter is to describe the important roleplayed by international monitoring bodies and domestic courts incontributing to the protection of economic, social and cultural rightsat the national level.
The chapter will begin, however, byexplaining in general terms why the original single human rightscovenant was ultimately split into two covenants, one guaranteeingcivil and political rights and the other protecting economic, socialand cultural rights. It will then briefly describe the intrinsicrelationship between these two categories of rights, which depend oneach other for their mutual and effective realization. Thirdly, thechapter will undertake a survey of the economic, social and culturalrights guaranteed by the universal and regional human rights treatiesand analyse the legal obligations of States to protect these rights.Fourthly, it will discuss the legal nature of economic, social andcultural rights, including their justiciability. This will be followedby an examination of the interpretation by the international monitoringbodies of the right to adequate housing and the right to health. Inthis connection, reference will be made to examples from domestic caselaw which show that courts are increasingly called upon to adjudicatequestions appertaining to the field of economic, social and culturalrights. The chapter will conclude with a description of the importantrole played by the legal professions in ensuring the effectiveprotection of these rights.
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It should benoted that, notwithstanding their fundamental importance, this chapterwill not deal with the many conventions and recommendations adoptedwithin the framework of the International Labour Organization, whichprovide extensive protection of workers’ rights. However, a list ofsome major ILO Conventions is contained in Handout No. 1.
The principal aim of this chapter is to describe the important roleplayed by international monitoring bodies and domestic courts incontributing to the protection of economic, social and cultural rightsat the national level.
The chapter will begin, however, byexplaining in general terms why the original single human rightscovenant was ultimately split into two covenants, one guaranteeingcivil and political rights and the other protecting economic, socialand cultural rights. It will then briefly describe the intrinsicrelationship between these two categories of rights, which depend oneach other for their mutual and effective realization. Thirdly, thechapter will undertake a survey of the economic, social and culturalrights guaranteed by the universal and regional human rights treatiesand analyse the legal obligations of States to protect these rights.Fourthly, it will discuss the legal nature of economic, social andcultural rights, including their justiciability. This will be followedby an examination of the interpretation by the international monitoringbodies of the right to adequate housing and the right to health. Inthis connection, reference will be made to examples from domestic caselaw which show that courts are increasingly called upon to adjudicatequestions appertaining to the field of economic, social and culturalrights. The chapter will conclude with a description of the importantrole played by the legal professions in ensuring the effectiveprotection of these rights.
*****
It should benoted that, notwithstanding their fundamental importance, this chapterwill not deal with the many conventions and recommendations adoptedwithin the framework of the International Labour Organization, whichprovide extensive protection of workers’ rights. However, a list ofsome major ILO Conventions is contained in Handout No. 1.