Journal articles: 'SOCIAL AND CULTURAL RIGHTS ECONOMIC'

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Allamby, Les. "Economic, social and cultural rights." Northern Ireland Legal Quarterly 52, no. 3-4 (July 15, 2020): 335–41. http://dx.doi.org/10.53386/nilq.v52i3-4.674.

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Arif, Sardar M. A. Waqar Khan. "Economic, social and cultural rights of women." International Journal of Law and Management 61, no. 1 (February 11, 2019): 191–204. http://dx.doi.org/10.1108/ijlma-01-2018-0002.

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Purpose The purpose of this paper is to highlight the legal framework and challenges to economic, social and cultural (ESC) rights of women. Design/methodology/approach This 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. Findings ESC 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/value The work is original and not published by any other journal so far.

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Jordan, Daci. "Justiciability of Economic, Social and Cultural Rights." Academicus International Scientific Journal 9 (January 2014): 55–68. http://dx.doi.org/10.7336/academicus.2014.09.04.

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Thiis, Øyvind W. "Book Review: Economic, Social and Cultural Rights." Netherlands Quarterly of Human Rights 14, no. 4 (December 1996): 485–89. http://dx.doi.org/10.1177/092405199601400412.

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Hunt, Paul. "Taking Economic, Social and Cultural Rights Seriously." Alternative Law Journal 31, no. 3 (September 2006): 120–52. http://dx.doi.org/10.1177/1037969x0603100302.

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Mubariz Alizada, Arzu. "AN INTRODUCTION TO ECONOMIC, SOCIAL AND CULTURAL RIGHTS’ IMPLEMENTATION AS A POSITIVE OBLIGATION." SCIENTIFIC WORK 52, no. 03 (February 28, 2020): 104–7. http://dx.doi.org/10.36719/aem/2007-2020/52/104-107.

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Obi, Frederick Azubuike. "Enforcement of economic, social and cultural rights in Nigeria." African Journal of Social Issues 5, no. 1 (March 29, 2023): 215–25. http://dx.doi.org/10.4314/ajosi.v5i1.14.

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Characterisation of Economic, Social and Cultural rights, under chapter II of the 1999 Constitution of the Federal Republic of Nigeria (as amended) as non-justiciable by S. 6(6)(c) of the same Constitution and its implication for state accountability and good governance informed the need for this article. The rights covered under Chapter II of the Constitution and rendered non-justiciable include the rights to education, health care, employment and housing. The performance of government, especially in developing countries is usually assessed by activities in these areas of need since they have direct bearing on the wellbeing of citizens. By rendering these rights unenforceable, S. 6(6)(c) of the Constitution effectively shields political leaders in government from being accountable to the mass majority in the provision of infrastructures and services that they required for a descent life. The same Nigerian Constitution under S. 46 renders enforceable Civil and Political rights in its Chapter IV – the rights to life, liberty, freedom of movement, freedom of Association and religion etc. This article sees the nexus between ECOSOC rights and Civil and Political rights as a justification for the enforcement of ECOSOC rights. This is because you cannot fully enjoy the right to life for example without good health, employment and housing. This paper therefore, recommended amongst others, the enforcement of ECOSOC rights, by expunging S. 6(6)(c) provision from the Constitution and replacing it with a clause that stipulates a minimum percentage of budgets of states and national governments that must be expended annually on ECOSOC related infrastructures and services. This will ensure accountability at all levels of government and actionable in court. The domestication by Nigeria of the African Charter on Human and Peoples‟ Rights endorses the enforcement of ECOSOC rights and further strengthens this process.

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Addo, Michael K. "The justiciability of economic, social and cultural rights." Commonwealth Law Bulletin 14, no. 4 (October 1988): 1425–32. http://dx.doi.org/10.1080/03050718.1988.9985996.

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Bundschuh, Thomas. "Economic, Social, and Cultural Rights in Armed Conflict." Nordic Journal of Human Rights 35, no. 1 (January 2, 2017): 74–79. http://dx.doi.org/10.1080/18918131.2017.1262593.

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Welling, Judith V. "International Indicators and Economic, Social, and Cultural Rights." Human Rights Quarterly 30, no. 4 (2008): 933–58. http://dx.doi.org/10.1353/hrq.0.0040.

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Casla, Koldo. "The Right to Property Taking Economic, Social, and Cultural Rights Seriously." Human Rights Quarterly 45, no. 2 (May 2023): 171–204. http://dx.doi.org/10.1353/hrq.2023.0010.

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Handayani, Irawati. "JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN INTERNATIONAL LAW AND ITS FUTURE IMPLEMENTATION IN INDONESIA." Yustisia Jurnal Hukum 7, no. 3 (December 31, 2018): 451. http://dx.doi.org/10.20961/yustisia.v7i3.24782.

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<p>Economic, social, and cultural rights are categorized as second generation of rights in the concept of international human rights law. Due to its distinction with first generation right, which is civil and political right, it leads to the differentiation of justiciability of second generation rights. It’s quite often that the fulfillment of economic, social, and cultural rights is postponed, while on the contrary civil and political rights have to be accomplished immediately. The query of justiciability of economic, social, and cultural rights rottenly links with the responsibility of state parties on implementing the rights enumerated in ICCPR or ICESCR. Referring to Article 2 of ICESCR, the implementation of rights stated in ICESCR could be in progressive manner and usually this article is used as an example to not fulfill the right immediately. This article will elaborate further the implementation of protection of economic, social, and cultural rights in another country particularly in South Africa and compare it with Indonesia in order to achieve an ideal form of justiciability of this second generation of rights.</p>

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Davis, Erin Elizabeth. "Housing as a Human Right within an Era of International Exceptionalism." Constitutional Review 7, no. 2 (December 31, 2021): 241. http://dx.doi.org/10.31078/consrev723.

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The right to adequate housing is an internationally recognized human right, yet it has been incontrovertibly desecrated by a lack of recognition, disproportionately affecting vulnerable groups. Economic, social, and cultural rights have encountered many challenges in an ever-increasing era of international exceptionalism and challenges arise in the protection of these rights. The right to housing is achieved in two ways: as a normative right and as a derivative right encompassed within economic, social, and cultural rights. This article introduces: (1) the normative development of economic, social, and cultural rights as recognized human rights, and their regulatory implementation through international instruments; (2) the concept of individuals as right-holders and duty-bearers of economic, social, and cultural rights; (3) understanding how the restriction of the right to housing leads to the violation of other human rights, including (a) the right to life, (b) the right to freedom from discrimination, and (c) the right to humane treatment – and the types of vulnerable groups that face the most discrimination, such as indigenous persons and women; and (4) protection against forced evictions, through an examination of the jurisprudence of the Inter-American System, European Court of Human Rights, and African Court on Human and Peoples’ Rights.

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Lott, Naomi. "Establishing the Right to Play as an Economic, a Social and a Cultural Right." International Journal of Children’s Rights 30, no. 3 (August 22, 2022): 755–84. http://dx.doi.org/10.1163/15718182-30030007.

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Abstract The right to play is a multifaceted right and in its very nature crosses boundaries. Whilst human rights are indivisible, interrelated and interdependent, this article explores unique aspects of economic, social and cultural rights. It examines the ways in which the right to play applies to these categories of rights through looking at the nature and impact of play. The article argues that the right to play should be established and understood as an economic right, a social right and a cultural right, enabling discussion on the right to play to move forward to address its implementation.

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Mahjoub, Azzam. "Economic, Social and Cultural Rights in Tunisia: An Assessment." Mediterranean Politics 9, no. 3 (September 2004): 489–514. http://dx.doi.org/10.1080/1362939042000259979.

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Mapulanga-Hulston, J. K. "Examining the Justiciability of Economic, Social and Cultural Rights." International Journal of Human Rights 6, no. 4 (December 2002): 29–48. http://dx.doi.org/10.1080/714866691.

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Robinson, Mary. "Advancing Economic, Social, and Cultural Rights: The Way Forward." Human Rights Quarterly 26, no. 4 (2004): 866–72. http://dx.doi.org/10.1353/hrq.2004.0054.

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Berrada, Mohamed. "Demanding what is rightfully theirs. The link between social justice protests and economic, cultural, and social rights." Deusto Journal of Human Rights, no. 10 (December 30, 2022): 55–75. http://dx.doi.org/10.18543/djhr.2621.

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The right to peaceful assembly and association have been central to the notion of human rights since their very first iterations. A selection of key peaceful protest movements in the 21st century shows that the movements themselves are expressing demands that are in line with the human rights approach (Ortiz et al. 2022). Among the main findings is that over half of protest movements incorporate some economic or social justice demand (higher wages, jobs, housing, healthcare, pensions…). This article looks at protest movements that have demands that are linked to rights expressed by the UN International Covenant on Economic, Social and Cultural Rights (United Nations 1966). Though protesters do not express their demands in the language of human rights, their demands for social justice are mostly already enshrined in the declaration. The author compares demands of economic justice to their counterpart in terms of rights, stressing the need for countries to reexamine their own policies considering these protests or potentially face escalating social unrest. Received: 20 July 2022 Accepted: 30 November 2022

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Haldız, Ayse Cebecioglu. "The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights." European Journal of Multidisciplinary Studies 6, no. 1 (June 10, 2017): 37. http://dx.doi.org/10.26417/ejms.v6i1.p37-44.

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An Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) was adopted by the UN General Assembly on 10 December 2008 and it came into force on 5 May 2013. The protocol gives individuals the right to raise complaints about violations of their rights which are enshrined by the covenant. Although, an optional protocol regulating the complaint procedure for its sister treaty, the International Covenant on Civil and Political Rights, was entered into force in 1976, it was postponed for ICESCR until 2013 because of the historic debate discussing whether these rights are justiciable or not. This division between the treaties left the protection of the ESCR in the background. This essay will analyse the extent to which the protocol resolved the historical concerns about the protection of economic, social and cultural rights under international human rights law.

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Ghai, J. C. "The Justiciability of Economic, Social and Cultural Rights in the African Regional Human Rights System: Theory, practice and prospect * National Human Rights Institutions and Economic, Social and Cultural Rights." African Affairs 113, no. 452 (July 1, 2014): 460–62. http://dx.doi.org/10.1093/afraf/adu032.

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Doonan, Christina. "Rights for whom? Linking baby’s right to eat with economic, social, and cultural rights for women." Canadian Food Studies / La Revue canadienne des études sur l'alimentation 5, no. 1 (February 16, 2018): 8–18. http://dx.doi.org/10.15353/cfs-rcea.v5i1.232.

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Breastfeeding women are primary food producers par excellence, delivering a custom-made product to fit the exact needs of a favoured clientele. The importance of breastmilk as a first food has been acknowledged in recent years by many states, which have taken measures to protect and encourage breastfeeding in acknowledgment of the World Health Organization’s 2002 Global Strategy for Infant and Young Child Feeding. Within both state and grassroots efforts to promote it, breastfeeding is often framed in terms of “rights,” though it is not always clear what these entail. This perspective article considers the role of breastmilk as a critical food for children that ensures their “right to the highest attainable standard of health” as articulated in Article 24 of the Convention on the Rights of the Child, and interrogates mothers’ (and others’) role in providing it. While food studies, and even more so, food security scholarship and activism should incorporate breastfeeding scholarship, it should avoid the mistake of framing breastfeeding as a “choice” made by individual women. This article advocates incorporating breastfeeding into the right to food/food security agenda by explicitly supporting measures that increase women’s access to broader economic, social, and cultural (ESC) rights. This, in turn, would put breastfeeding within reach, as an option, for more women. Thus breastfeeding becomes more likely and pressure is diverted from individual mothers and the often false ‘choice’ to breastfeed.

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Dowell-Jones, M. "THE COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS: ASSESSING THE ECONOMIC DEFICIT." Human Rights Law Review 1, no. 1 (January 1, 2001): 11–34. http://dx.doi.org/10.1093/hrlr/1.1.11.

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Cohen, Miriam, and Martin-Olivier Dagenais. "The Implementation of Economic, Social and Cultural Rights in Canada: Between Utopia and Reality." Constitutional Review 7, no. 1 (May 31, 2021): 26. http://dx.doi.org/10.31078/consrev712.

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Canada has been at the forefront of the recognition of human rights, including economic, social and cultural rights (ESC rights) in the international scene. As a party to the International Covenant on Economic, Social and Cultural Rights,1 Canada has, over the years, implemented in legislation and case-law some ESC rights such as the right to health, education and social welfare.While ESC rights were not explicitly identified in the Charter of Rights and Freedoms,2 which forms part of the Canadian Constitution, ESC rights in different forms have received some protection in the Canadian legal order. An analysis of the Canadian record with respect to ESC rights demonstrates the immense gap between a glorified image of Canada as an international human rights proponent (the ‘utopia’) and the actual implementation of internationally recognized human rights in Canada (the ‘reality’). As Canada is bound to face major transformational changes to its economy and social fabric in the years to come, the Courts will have to adapt quickly and efficiently to ensure a smooth transition. This paper overviews the evolution of the case-law on ESC rights in Canada in light of its international obligations, and suggests, the relevant ESC rights jurisprudence signals a disconnect with Canada’s international obligation ‘requiring progressive implementation to the maximum of available resources by all appropriate means.’

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Belova, Gabriela, and Stanislav Pavlov. "Some Comments on the Highest Attainable Standard of Health." International conference KNOWLEDGE-BASED ORGANIZATION 26, no. 2 (June 1, 2020): 134–40. http://dx.doi.org/10.2478/kbo-2020-0065.

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AbstractThe last decades present a significant development of the economic, social and cultural rights and specifically, the right to health. Until 2000, the right to health has not been interpreted officially. By providing international standards, General Comment No.14 on the right to the Highest Attainable Standard of Health has led to wider agreement that the right to health includes the social determinants of health such as access to various conditions, services, goods or facilities that are crucial for its implementation. The Reports of the Special Rapporteur on the right to health within the UN human rights system have contributed to the process of gaining the greater clarity about the right to health. It is obvious that achieving the highest attainable level of health depends on the principle of progressive implementation and the availability of the necessary health resources. The possibility individual complaints to be considered by the Committee on Economic Social and Cultural Rights was introduced with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, entered into force in 2013.

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Strydom, Hennie. "The Protection of Economic, Social and Cultural Rights in International Law." Constitutional Review 5, no. 2 (November 18, 2019): 222. http://dx.doi.org/10.31078/consrev522.

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This contribution commences with a brief overview of the origin of economic, social and cultural rights and their eventual codification in the 1966 International Covenant on Economic, Social and Cultural Rights. The main part then focuses, firstly, on the nature and scope of state obligations for the realization of Covenant rights and the enforcement mechanisms created under the Covenant and its Optional Protocol, and secondly, on the role of the UN Human Rights Council and the UN Security Council. In the conclusion, three contemporary developments are highlighted which could open up new areas in which economic, social and cultural rights could find further application.

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Richardson, Lucy. "Economic, Social and Cultural Rights (and Beyond) in the UN Human Rights Council." Human Rights Law Review 15, no. 3 (July 23, 2015): 409–40. http://dx.doi.org/10.1093/hrlr/ngv016.

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Sousa de Freitas, Cintia. "DISCUSSION ON THE RECOGNITION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS JUSTICIABLE RIGHTS." Revista Juridicidade Constitucional e Democracia 1, no. 2 (December 1, 2023): 85–101. http://dx.doi.org/10.59776/2965-3290.2023.5025.

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The purpose of this paper is to present an overview on the discussion around the justiciability of economic, social and cultural rights (ESCR), i.e., whether they are able to be invoked before national or international courts. Thus, from the traditionally unfavorable allegations to the ESCR, a historical review on its origin, concept and legal nature is presented in order to dismantle those allegations, bringing up the pertinent arguments, presented as an outcome of this study, which prove, therefore, the ESCR justiciability. From a methodological perspective, this paper is developed through analysis regarding the different approaches in legal sources and official documents at the national, and in particular, the international sort, in order to demonstrate that the present discussion can take place in any level, whether national, regional or global, whenever DESC violation is detected. For this reason, the arguments intend to overcome the discussion on the justiciability of DESC as a way of guaranteeing a legal remedy to victims in case of violation, in order to increase levels of quality of life and contribute to the drastic reduction of poverty and social inequalities of any country. Therefore, if the justiciability of ESCR is not recognized as is the justiciability of civil and political rights (CPR), all the acknowledgments and efforts made to consider all human rights as one integrated body will be worthless.

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Akgungor, Sedef, Kamiar Alaei, Weng-Fong Chao, Alexandra Harrington, and Arash Alaei. "Correlation between human rights promotion and health protection: a cross country analysis." International Journal of Human Rights in Healthcare 13, no. 1 (July 23, 2019): 72–92. http://dx.doi.org/10.1108/ijhrh-07-2018-0050.

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Purpose The purpose of this paper is to explore the correlation among health outcomes, and civil and political rights (CPR) and also economic, social and cultural rights. Design/methodology/approach The study uses cross-sectional data from 161 countries. The authors use health outcomes and human rights variables in the model. In order to combine dimensions of human rights, this paper uses factor analysis and obtains proxy variables that measure economic, social and cultural rights and CPR. The two proxy variables are used as independent variables to explain variations in health in a regression model. The paper then classifies countries by cluster analysis and explores the patterns of different components of human rights and health outcomes across country clusters. Findings The regression model demonstrates that the economic, social and cultural rights variables explain variations in all health outcomes. The relationship between CPR and health is weaker than that of the economic, social and cultural rights. Cluster analysis further reveals that despite the country’s commitment to CPR, those that highly respect economic, social and cultural rights lead to superior health outcomes. The more respect a country has for economic, social and cultural rights, the better the health outcomes for the citizens of that country. Practical implications National policies should consider equal emphasis on all dimensions of human rights for further improvements in health. Originality/value The sole promotion of CPR such as democracy and empowerment, absence of adequate support of economic, social and cultural rights such as rights to housing, education, food and work can only contribute partially to health.

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Johnstone, Rachael Lorna, and Aðalheiður Ámundadóttir. "Defending Economic, Social and Cultural Rights in Iceland’s Financial Crisis." Yearbook of Polar Law Online 3, no. 1 (2011): 455–77. http://dx.doi.org/10.1163/22116427-91000067.

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Muller, A. "Limitations to and Derogations from Economic, Social and Cultural Rights." Human Rights Law Review 9, no. 4 (January 1, 2009): 557–601. http://dx.doi.org/10.1093/hrlr/ngp027.

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Van Ho, Tara L. "Gilles Giacca,Economic, Social, and Cultural Rights in Armed Conflict." Human Rights Law Review 16, no. 1 (January 19, 2016): 187–92. http://dx.doi.org/10.1093/hrlr/ngv045.

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Nkosi, Gugulethu. "The International Evolution of the Right of Children to Social Security." Southern African Public Law 30, no. 2 (December 1, 2017): 484–503. http://dx.doi.org/10.25159/2522-6800/3590.

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This article seeks to provide an analysis of the right of children to social security as provided for in the various international legal instruments, and as assimilated in other legal documents. Furthermore, it argues that scarcity of resources prevents children from enjoying socio-economic rights, including the right to social security adopted through international instruments and entrenched in domestic laws. The Convention on the Rights of a Child provides for the right to social security in the event of lack of resources to benefit the child. So does the International Covenant on Economic, Social and Cultural Rights and the African Charter on the Rights and Welfare of the Child. In all the said legal instruments, the clauses on social security do not explicitly prescribe the rights that ought to be promoted through it. However, since the jurisprudence on socio-economic rights= emphasises the view that socio-economic rights are interrelated, interdependent and indivisible, it can also be safely said that through social security, beneficiaries, that is children, should be able to enjoy access to other socio-economic rights in general. Therefore, the significance of the right to social security as a means to address poverty and facilitate the development of children is explored.

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Arifin, Ridwan. "Indonesian Political Economic Policy and Economic Rights: An Analysis of Human Rights in the International Economic Law." Journal of Private and Commercial Law 3, no. 1 (May 31, 2019): 38–49. http://dx.doi.org/10.15294/jpcl.v3i1.18178.

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The national and international economic development raises new problems besides the positive side of finance. International economic recession that has global impacts including in Indonesia presents its own challenges. One of the challenges faced is a serious impact on the fulfillment of economic and social rights. Various economic austerity measures were taken to maintain the country’s economic stability. One of the most controversial is the reduction of subsidies in the health, social security, trade and education sectors. The unemployment rate also increased as a direct impact of these economic policies. This paper analyzes the rights of human rights in Indonesian political economic policy both on a national and international scale. This paper compares and analyzes various cases of Indonesian economic policy with the basic principles of human rights, especially social, economic and cultural rights. Studies in this paper cover the areas of study of International Economic and Trade Law, Human Rights Law, and International Law. This paper highlighted that economic policies in the form of reducing subsidies and austerity measures undermine a wide range of human rights human rights frameworks.

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Nzomo, Maria. "The Status of Women’s Human Rights in Kenya and Strategies to Overcome Inequalities." Issue: A Journal of Opinion 22, no. 2 (1994): 17–20. http://dx.doi.org/10.1017/s0047160700501875.

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This paper takes the position that the human rights of women are inalienable and an integral and indivisible part of universal human rights, which we define to include the right to full and equal participation of women with men, in the political civil, economic, social and cultural life at all levels. The International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is one of the International instruments that explicitly focuses on women’s human rights, is quite comprehensive in its coverage. Consisting of 30 articles, CEDAW covers women’s human rights in all aspects of their lives—political, economic, social and cultural rights.

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Ambrus, Mónika. "Water Rights: Fragmented Rights?" International Community Law Review 17, no. 1 (February 4, 2015): 37–67. http://dx.doi.org/10.1163/18719732-12341294.

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Historically, global water law has developed in fragments. The fragmented nature of water law mainly originates from the fact that water can be seen as an economic, ecological and social unit (horizontal fragmentation). Within the clusters that these units constitute, water law is also seen as fragmented, given that a particular cluster is composed of different levels (vertical fragmentation). This article will scrutinise the social justice cluster, or the right to water, and examine whether and to what extent vertical fragmentation in water law leads to divergent approaches among the different levels, while placing the discussion within the general context of fragmentation in international law. For that purpose the elaboration of the human right to water by the Committee on Economic, Social and Cultural Rights, functioning at the international level, will be compared with the practice of the European Court of Human Rights (ECTHR), a regional court.

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Ansar, Ansar, Zulkifli Aspan, and Abdul Razak. "Principle of Maximum Liability of Available Resources (MAR) in Regional Finance in Indonesia." Jambura Law Review 4, no. 1 (January 28, 2022): 139–59. http://dx.doi.org/10.33756/jlr.v4i1.7689.

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One of the major resources in the regions is financial resources which are usually translated into the Regional Revenue and Expenditure Budget (APBD). In its management, it creates uncertainty about the fulfillment of human rights in regional financial management. This is because one of them is the regional financial regulation which causes the budget allocation for the issue of Economic, Social and Cultural Rights to be very inadequate. In this study, the authors used a normative research method by examining several regional regulations on APBD, using two approaches, namely the statutory approach and the conceptual approach. The research locations were selected in 6 regions, namely Bangka Belitung Islands Province, South Kalimantan Province, Malang City, Denpasar City, and Palu City. The author limits it only to economic, social and cultural rights in particular, the right to education, the right to health, the right to food, and the right to housing. Based on the results of the research, the authors propose that the government applies the Principle of Maximum Available Resources (MAR) in the management of regional finances, particularly in the budget for the fulfillment of economic, social and cultural rights.

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Nolan, Justine, and Luke Taylor. "Corporate Responsibility for Economic, Social and Cultural Rights: Rights in Search of a Remedy?" Journal of Business Ethics 87, S2 (August 2009): 433–51. http://dx.doi.org/10.1007/s10551-009-0295-6.

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Poerwanto, Hady, Joko Setiyono, and Sunardi. "Corruption as a Violation of Human Rights, Economic, Social and Cultural Human Rights Perspective." International Journal of Law and Politics Studies 5, no. 1 (February 9, 2023): 119–29. http://dx.doi.org/10.32996/ijlps.2023.5.1.14.

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This study aims to analyze corruption as a violation of economic, social and cultural rights from a human rights perspective. The crime of corruption has been categorized as an extraordinary crime because corruption is not only detrimental to the state's finances but has also been a violation of the social and economic rights of the community. The research technique in this paper is a normative juridical type, and the research approach used is the statute approach. Based on this, it can be seen that there is a link between corruption and human rights violations, namely the basic social and economic rights of the community. The results of the study indicate that there is a relationship between corruption and human rights violations. Corruption is categorized as a violation of human rights if the consequences of corruption intersect with human rights that are harmed, so human rights violations caused by acts of corruption crimes should be taken into consideration by judges in their decisions because judges' considerations must be comprehensive in order to realize an ideal decision, namely a decision that reflects the values of justice, certainty, and legal expediency.

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Runtunuwu, Yoan Barbara, and Indra Tjahyadi. "Promoting Economic, Social, and Cultural Rights: Challenges and Opportunities in International Human Rights Law." Easta Journal Law and Human Rights 1, no. 03 (June 30, 2023): 158–65. http://dx.doi.org/10.58812/eslhr.v1i03.92.

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This paper examines the barriers to and opportunities for advancing socioeconomic and cultural rights in Indonesia within the context of international human rights law. The research employs qualitative research methods, such as legal analysis, policy evaluation, and case studies, to thoroughly analyze the topic. Its findings underscore the complexities of realizing these rights in Indonesia and the need for targeted policies, collaboration among stakeholders, and participation in international human rights mechanisms. The research contributes to the existing knowledge of human rights in Indonesia. It provides policymakers and stakeholders with recommendations to protect and realize economic, social, and cultural liberties.

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Malik, Rizal. "Indeks Pembangunan Manusia dan Pengukuran Hak-Hak Ekonomi, Sosial dan Budaya." Jurnal Hak Asasi Manusia 3, no. 3 (August 30, 2021): 73–101. http://dx.doi.org/10.58823/jham.v3i3.33.

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The biggest challenge for human rights defenders and decision makers is applying sometimes abstract concepts from economic, social and cultural rights to public policy. The author argues for the measurement of economic, social and cultural rights as a means of monitoring and verifying national development outcomes, both from the perspective of claim holders (communities) and duty bearers (governments). The paper describes attempts to apply the human development index and other related indexes to development policies and approaches, alongside the measurement of economic, social and cultural rights.

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Courtis, Christian. "THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS: A NEW INSTRUMENT TO ADDRESS HUMAN RIGHTS VIOLATIONS." Espaço Jurídico Journal of Law [EJJL] 16, no. 2 (August 28, 2015): 295–302. http://dx.doi.org/10.18593/ejjl.v16i2.7561.

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The article discusses the adoption of the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights as a means to obtain redress for violations against economic, social and cultural rights in the international sphere – including its potential use for the consideration of the violation of extraterritorial obligations.Keywords: Human rights. Social rights. Violations. Optinal protocol.

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Prihandono, Iman. "Litigating Economic, Social and Cultural Rights against Transnational Corporations in Indonesian Court." Hasanuddin Law Review 3, no. 3 (December 26, 2017): 246. http://dx.doi.org/10.20956/halrev.v3i3.1152.

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States should take appropriate steps to ensure the effectiveness of domestic judicial mechanisms when addressing business-related human rights abuses. These steps may include ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy. To a certain degree, these problems exist in Indonesia’s judicial remedy mechanism. This article examines court decisions in five cases involving Transnational Corporations (TNCs). These decisions are examined to identify challenges and opportunities in bringing a case on ESC rights violations against TNCs. It is found that claim on ESC rights violation may be brought to the court, and the court has jurisdiction to entertain the case. However, of the five cases filed against TNCs, only in one case has the court decided in favour of the plaintiff. Most of the cases were rejected on procedural matters. This situation suggests that it remains burdensome for the victims of ESC rights violations to seek remedy at the court. There are procedural burdens that has to be faced by plaintiff when bringing ESC rights case against corporations, particularly TNCs. Nevertheless, there are new develop-ments in relation with pursuing ESC rights in court. One of the important development is private business contract between the govern-ment and private corporations may be annulled by the court, if the exercise of the contract would violate the government's obligation to fulfil human rights of the citizens

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Alston, Philip, and Bruno Simma. "First Session of the UN Committee on Economic, Social and Cultural Rights." American Journal of International Law 81, no. 3 (July 1987): 747–56. http://dx.doi.org/10.2307/2202031.

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The first session of the new United Nations Committee on Economic, Social and Cultural Rights was held in Geneva in March 1987. The Committee was established to assist the Economic and Social Council (ECOSOC) in fulfilling its responsibilities for monitoring states parties’ compliance with their obligations under the International Covenant on Economic, Social and Cultural Rights. The Covenant is assuming increasing importance in view of the renewed emphasis by many UN member states on economic, social and cultural rights and because, with a total of 90 ratifications as of March 27, 1987, it now covers well over half of the total UN membership.

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Mohammad, Nour, and Sayed MM Hasan. "Judicial Enforceability of Economic, Social and Cultural Rights in Bangladesh: A Critical Evaluation." Asia-Pacific Journal on Human Rights and the Law 23, no. 1 (February 16, 2022): 80–106. http://dx.doi.org/10.1163/15718158-23010003.

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Abstract The implementation of economic, social and cultural rights (esc rights) continues to pose uncertainties in the modern world. Given that many states constitutionally treat such rights as aspirational and not justiciable, it is difficult to enforce them judicially at the domestic level. Bangladesh has embodied these rights in Part ii of its Constitution as a social welfare goal of the State. This article takes Bangladesh as a case study and examines the international legal framework for the implementation of esc rights at the domestic level. Making a comparison with other jurisdictions, such as India and South Africa, the article examines the approach of the judiciary of Bangladesh (the Supreme Court) in giving effect to these rights. Lastly, the article argues that the court should devise appropriate and effective enforcement mechanisms for these rights.

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Strauss, Zannelize, and Debbie Horsten. "A Human Rights-Based Approach to Poverty Reduction: The Role of the Right of Access to Medicine as an Element of the Right of Access to Health Care." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 3 (May 3, 2017): 335. http://dx.doi.org/10.17159/1727-3781/2013/v16i3a2376.

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The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks access to essential medicine, a fact which, according to the United Nations, directly contradicts the fundamental principle of health as a human right. According to the World Summit for Social Development, poor health and illness are factors that contribute to poverty, while the adverse effects of illness ensure that the poor become poorer. A lack of access to health care, amongst other rights, (including access to medicines as an element thereof) aggravates poverty. The most important provision in international law relating to the right to health is article 12 of the United Nations International Covenant on Economic, Social and Cultural Rights. Article 12(1) of this Covenant provides a broad formulation of the right to health in international law, while article 12(2) prescribes a non-exhaustive list of steps to be taken in pursuit of the highest attainable standard of health. Article 12(2), in particular, illustrates the role that adequate access to medication plays in the right of access to health care. The United Nations Committee on Economic, Social and Cultural Rights has explicitly included the provision of essential drugs as a component of the right to health care, thereby emphasising the causal link between the lack of access to essential medicines and the non-fulfilment of the right of access to health care. As with all socio-economic rights, the resource implications of the realisation of the right to health has the result that states cannot be expected to immediately comply with its obligations in respect thereof. Instead, article 2(1) of the International Covenant on Economic, Social and Cultural Rights and the General Comments of the Committee on Economic, Social and Cultural Rights place obligations on states to take deliberate, concrete and targeted steps towards expeditious and effective full realisation of the right to health, including access to medication. The measures taken to do so must, according to General Comment 3, embrace the concept of the minimum core obligation (the minimum core in relation to medicines being access to essential medicines, at the very least). In this article it is argued that adequate access to essential medicines, as an element of the right of access to health care, could contribute to the reduction of poverty. This is done by firstly discussing the human rights-based approach to poverty reduction, whereafter attention is turned to access to medicines as an element of the right to health, with specific focus on obligations in terms of the International Covenant on Economic, Social and Cultural Rights. Finally, the role of access to medicines in reducing poverty is considered. The article concludes that poverty constitutes an infringement on human rights and will not be eradicated without the fulfilment of human rights, including the right to health. The adequate fulfilment of peoples' rights of adequate access to essential medicines will enable them to achieve a higher level of well-being, thereby reducing the level of poverty which they experience. Both the right of access to health care and to essential medicines – a crucial component thereof – thus have a significant role to play in a state's poverty reduction strategies.The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks access to essential medicine, a fact which, according to the United Nations, directly contradicts the fundamental principle of health as a human right. According to the World Summit for Social Development, poor health and illness are factors that contribute to poverty, while the adverse effects of illness ensure that the poor become poorer. A lack of access to health care, amongst other rights, (including access to medicines as an element thereof) aggravates poverty. The most important provision in international law relating to the right to health is article 12 of the United Nations International Covenant on Economic, Social and Cultural Rights. Article 12(1) of this Covenant provides a broad formulation of the right to health in international law, while article 12(2) prescribes a non-exhaustive list of steps to be taken in pursuit of the highest attainable standard of health. Article 12(2), in particular, illustrates the role that adequate access to medication plays in the right of access to health care. The United Nations Committee on Economic, Social and Cultural Rights has explicitly included the provision of essential drugs as a component of the right to health care, thereby emphasising the causal link between the lack of access to essential medicines and the non-fulfilment of the right of access to health care. As with all socio-economic rights, the resource implications of the realisation of the right to health has the result that states cannot be expected to immediately comply with its obligations in respect thereof. Instead, article 2(1) of the International Covenant on Economic, Social and Cultural Rights and the General Comments of the Committee on Economic, Social and Cultural Rights place obligations on states to take deliberate, concrete and targeted steps towards expeditious and effective full realisation of the right to health, including access to medication. The measures taken to do so must, according to General Comment 3, embrace the concept of the minimum core obligation (the minimum core in relation to medicines being access to essential medicines, at the very least). In this article it is argued that adequate access to essential medicines, as an element of the right of access to health care, could contribute to the reduction of poverty. This is done by firstly discussing the human rights-based approach to poverty reduction, whereafter attention is turned to access to medicines as an element of the right to health, with specific focus on obligations in terms of the International Covenant on Economic, Social and Cultural Rights. Finally, the role of access to medicines in reducing poverty is considered. The article concludes that poverty constitutes an infringement on human rights and will not be eradicated without the fulfilment of human rights, including the right to health. The adequate fulfilment of peoples' rights of adequate access to essential medicines will enable them to achieve a higher level of well-being, thereby reducing the level of poverty which they experience. Both the right of access to health care and to essential medicines – a crucial component thereof – thus have a significant role to play in a state's poverty reduction strategies.

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Coomans, Fons. "I Book Review: Giving Meaning to Economic, Social and Cultural Rights." Netherlands Quarterly of Human Rights 21, no. 3 (September 2003): 605–11. http://dx.doi.org/10.1177/016934410302100313.

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Urban Morgan Institute for Human Ri, International Commission of Jurists, and Rijksuniversiteit Limburg. Centre o. "The Maastricht Guidelines on Violations of Economic, Social and Cultural Rights." Human Rights Quarterly 20, no. 3 (1998): 691–704. http://dx.doi.org/10.1353/hrq.1998.0029.

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Dauer, Sheila, and Mayra Gomez. "Violence against women and economic, social and cultural rights in Africa." Human Rights Review 7, no. 2 (January 2006): 49–58. http://dx.doi.org/10.1007/s12142-006-1029-0.

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Arif, Sardar M. A. W. K., Tayyaba Bashir, and Khushboo Fatima. "Perspectives on Economic, Social and Cultural Rights of Women in Azad Jammu and Kashmir: A Legal Analysis." Liberal Arts and Social Sciences International Journal (LASSIJ) 3, no. 2 (May 23, 2020): 65–73. http://dx.doi.org/10.47264/idea.lassij/3.2.9.

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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.

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Johnstone, Rachael Lorna, N. A. A�°, N. A. alhei�°, and ur Ámundadóttir. "Human rights in crisis: securing the International Covenant on Economic, Social and Cultural Rights (ICESCR) in economic downturns." International Journal of Human Rights and Constitutional Studies 1, no. 1 (2013): 6. http://dx.doi.org/10.1504/ijhrcs.2013.052764.

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Journal articles on the topic 'SOCIAL AND CULTURAL RIGHTS ECONOMIC'

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