International Covenant on Economic, Social and Cultural Rights
Encyclopedia
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty
adopted by the United Nations General Assembly
on December 16, 1966, and in force from January 3, 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals, including labour rights and the right to health
, the right to education
, and the right to an adequate standard of living
. As of July 2011, the Covenant had 160 parties. A further six countries had signed, but not yet ratified the Covenant.
The ICESCR is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights
(UDHR) and the International Covenant on Civil and Political Rights
(ICCPR), including the latter's first
and second
Optional Protocols.
The Covenant is monitored by the UN Committee on Economic, Social and Cultural Rights
.
. A "Declaration on the Essential Rights of Man" had been proposed at the 1945 San Francisco Conference
which led to the founding of the United Nations
, and the Economic and Social Council
was given the task of drafting it. Early on in the process, the document was split into a declaration setting forth general principles of human rights, and a convention or covenant containing binding commitments. The former evolved into the UDHR and was adopted on December 10, 1948.
Drafting continued on the convention, but there remained significant differences between UN members on the relative importance of negative civil and political versus positive economic, social and cultural rights. These eventually caused the convention to be split into two separate covenants, "one to contain civil and political rights and the other to contain economic, social and cultural rights." The two covenants were to contain as many similar provisions as possible, and be opened for signature simultaneously. Each would also contain an article on the right of all peoples to self-determination
.
The first document became the International Covenant on Civil and Political Rights
, and the second the International Covenant on Economic, Social and Cultural Rights. The drafts were presented to the UN General Assembly for discussion in 1954, and adopted in 1966.
Part 1 (Article 1) recognises the right of all peoples to self-determination
, including the right to "freely determine their political status", pursue their economic, social and cultural goals, and manage and dispose of their own resources. It recognises a negative right of a people not to be deprived of its means of subsistence, and imposes an obligation on those parties still responsible for non-self governing and trust territories (colonies) to encourage and respect their self-determination.
Part 2 (Articles 2 - 5) establishes the principle of "progressive realisation" - see below. It also requires the rights be recognised "without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". The rights can only be limited by law, in a manner compatible with the nature of the rights, and only for the purpose of "promoting the general welfare in a democratic society".
Part 3 (Articles 6 - 15) lists the rights themselves. These include rights to
Many of these rights include specific actions which must be undertaken to realise them.
Part 4 (Articles 16 - 25) governs reporting and monitoring of the Covenant and the steps taken by the parties to implement it. It also allows the monitoring body - originally the United Nations Economic and Social Council
- now the Committee on Economic, Social and Cultural Rights - see below - to make general recommendations to the UN General Assembly on appropriate measures to realise the rights (Article 21)
Part 5 (Articles 26 - 31) governs ratification, entry into force, and amendment of the Covenant.
This is known as the principle of "progressive realisation". It acknowledges that some of the rights (for example, the right to health) may be difficult in practice to achieve in a short period of time, and that states may be subject to resource constraints, but requires them to act as best they can within their means.
The principle differs from that of the ICCPR, which obliges parties to "respect and to ensure to all individuals within its territory and subject to its jurisdiction" the rights in that Convention. However, it does not render the Covenant meaningless. The requirement to "take steps" imposes a continuing obligation to work towards the realisation of the rights. It also rules out deliberately regressive measures which impede that goal. The Committee on Economic, Social and Cultural Rights also interprets the principle as imposing minimum core obligations to provide, at the least, minimum essential levels of each of the rights. If resources are highly constrained, this should include the use of targeted programmes aimed at the vulnerable.
The Committee on Economic, Social and Cultural Rights regards legislation as an indispensable means for realising the rights which is unlikely to be limited by resource constraints. The enacting of anti-discrimination provisions and the establishment of enforceable rights with judicial remedies within national legal systems are considered to be appropriate means. Some provisions, such as anti-discrimination laws, are already required under other human rights instruments, such as the ICCPR.
, defined as the opportunity of everyone to gain their living by freely chosen or accepted work. Parties are required to take "appropriate steps" to safeguard this right, including technical and vocational training and economic policies aimed at steady economic development and ultimately full employment
. The right implies parties must guarantee equal access to employment and protect workers from being unfairly deprived of employment. They must prevent discrimination
in the workplace and ensure access for the disadvantaged. The fact that work must be freely chosen or accepted means parties must prohibit forced
or child labour.
The work referred to in Article 6 must be decent work
. This is effectively defined by Article 7 of the Covenant, which recognises the right of everyone to "just and favourable" working conditions. These are in turn defined as fair wages with equal pay for equal work, sufficient to provide a decent living for workers and their dependants; safe working conditions
; equal opportunity in the workplace; and sufficient rest and leisure, including limited working hours and regular, paid holidays.
Article 8 recognises the right of workers to form or join trade union
s and protects the right to strike
. It allows these rights to be restricted for members of the armed forces, police, or government administrators. Several parties have placed reservations on this clause, allowing it to be interpreted in a manner consistent with their constitutions (China, Mexico), or extending the restriction of union rights to groups such as fire-fighters (Japan).
, including social insurance
." It requires parties to provide some form of social insurance scheme to protect people against the risks of sickness, disability, maternity, employment injury, unemployment or old age; to provide for survivors, orphans, and those who cannot afford health care; and to ensure that families are adequately supported. Benefits from such a scheme must be adequate, accessible to all, and provided without discrimination. The Covenant does not restrict the form of the scheme, and both contributory and non-contributory schemes are permissible (as are community-based and mutual schemes).
The Committee on Economic, Social and Cultural Rights has noted persistent problems with the implementation of this right, with very low levels of access.
Several parties, including France and Monaco, have reservations allowing them to set residence requirements in order to qualify for social benefits. The Committee on Economic, Social and Cultural Rights permits such restrictions, provided they are proportionate and reasonable.
. Parties must also provide paid leave
or adequate social security to mothers before and after childbirth, an obligation which overlaps with that of Article 9. Finally, parties must take "special measures" to protect children from economic or social exploitation, including setting a minimum age of employment and barring children from dangerous and harmful occupations.
. This includes, but is not limited to, the right to adequate food, clothing, housing, and "the continuous improvement of living conditions." It also creates an obligation on parties to work together to eliminate world hunger.
The right to adequate food, also referred to as the right to food
, is interpreted as requiring "the availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture." This must be accessible to all, implying an obligation to provide special programmes for the vulnerable. The right to adequate food also implies a right to water
.
The right to adequate housing, also referred to as the right to housing
, is "the right to live somewhere in security, peace and dignity." It requires "adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities - all at a reasonable cost." Parties must ensure security of tenure and that access is free of discrimination, and progressively work to eliminate homelessness. Forced evictions, defined as "the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection", are a prima facie violation of the Covenant.
or medical experimentation. States must protect this right by ensuring that everyone within their jurisdiction has access to the underlying determinants of health, such as clean water, sanitation, food, nutrition and housing, and through a comprehensive system of healthcare, which is available to everyone without discrimination, and economically accessible to all.
Article 12.2 requires parties to take specific steps to improve the health of their citizens, including reducing infant mortality and improving child health, improving environmental and workplace health, preventing, controlling and treating epidemic diseases, and creating conditions to ensure equal and timely access to medical services for all. These are considered to be "illustrative, non-exhaustive examples", rather than a complete statement of parties' obligations.
The right to health is interpreted as requiring parties to respect women's' reproductive rights
, by not limiting access to contraception
or "censoring, withholding or intentionally misrepresenting" information about sexual health. They must also ensure that women are protected from harmful traditional practices such as female genital mutilation.
Article 13.2 lists a number of specific steps parties are required to pursue to realise the right of education. These include the provision of free, universal and compulsory
primary education
, "generally available and accessible" secondary education
in various forms (including technical and vocational training), and equally accessible higher education
. All of these must be available to all without discrimination. Parties must also develop a school system (though it may be public, private, or mixed), encourage or provide scholarships for disadvantaged groups. Parties are required to make education free at all levels, either immediately or progressively; "[p]rimary education shall be compulsory and available free to all"; secondary education "shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education"; and "[h]igher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education."
Articles 13.3 and 13.4 require parties to respect the educational freedom of parents by allowing them to choose and establish private educational institutions for their children, also referred to as Freedom of education
. It also recognises the right of parents to "ensure the religious and moral education of their children in conformity with their own convictions". This is interpreted as requiring public schools to respect the freedom of religion and conscience of their students, and as forbidding instruction in a particular religion or belief system unless non-discriminatory exemptions and alternatives are available.
The Committee on Economic, Social and Cultural Rights interpret the Covenant as also requiring states to respect the academic freedom
of staff and students, as this is vital for the educational process. It also considers corporal punishment
in schools to be inconsistent with the Covenant's underlying principle of the dignity of the individual.
Article 14 of the Covenant requires those parties which have not yet established a system of free compulsory primary education, to rapidly adopt a detailed plan of action for its introduction "within a reasonable number of years."
, but the Committee on Economic, Social and Cultural Rights interprets it as primarily protecting the moral rights of authors and "proclaim[ing] the intrinsically personal character of every creation of the human mind and the ensuing durable link between creators and their creations". It thus requires parties to respect the right of authors to be recognised as the creator of a work. The material rights are interpreted as being part of the right to an adequate standard of living, and "need not extend over the entire lifespan of an author."
Parties must also work to promote the conservation, development and diffusion of science and culture, "respect the freedom indispensable for scientific research and creative activity", and encourage international contacts and cooperation in these fields.
Algeria interprets parts of Article 13, protecting the liberty of parents to freely choose or establish suitable educational institutions, so as not to "impair its right freely to organize its educational system."
Bangladesh interprets the self-determination clause in Article 1 as applying in the historical context of colonialism
. It also reserves the right to interpret the labour rights in Articles 7 and 8 and the non-discrimination clauses of Articles 2 and 3 within the context of its constitution and domestic law.
Belgium interprets non-discrimination as to national origin as "not necessarily implying an obligation on States automatically to guarantee to foreigners the same rights as to their nationals. The term should be understood to refer to the elimination of any arbitrary behaviour but not of differences in treatment based on objective and reasonable considerations, in conformity with the principles prevailing in democratic societies."
China prohibits labour rights in Article 8 in a manner consistent with its constitution and domestic law.
Egypt accepts the Covenant only to the extent it does not conflict with Islamic Sharia
law. Sharia is "a primary source of legislation" under Article 2 of both the suspended 1973 Constitution and the 2011 Provisional Constitutional Declaration.
France views the Covenant as subservient to the UN Charter. It also reserves the right to govern the access of aliens to employment, social security, and other benefits.
India interprets the right of self-determination as applying "only to the peoples under foreign domination" and not to apply to peoples within sovereign nation-states. It also interprets the limitation of rights clause and the rights of equal opportunity in the workplace within the context of its constitution.
Indonesia interprets the self-determination clause (Article 1) within the context of other international law and as not applying to peoples within a sovereign nation-state.
Ireland reserves the right to promote the Irish language
.
Japan reserved the right not to be bound to progressively introduce free secondary and higher education.
Kuwait interprets the non-discrimination clauses of Articles 2 and 3 within its constitution and laws, and reserves the right to social security to apply only to Kuwaitis. It also reserves the right to forbid strikes.
Mexico interprets the labour rights in Article 8 within the context of its constitution and laws.
Monaco interprets the principle of non-discrimination on the grounds of national origin as "not necessarily implying an automatic obligation on the part of States to guarantee foreigners the same rights as their nationals", and reserves the right to set residence requirements on the rights to work, health, education, and social security.
New Zealand reserved the right not to apply Article 8 (the right to form and join trade unions) insofar as existing measures (which at the time included compulsory unionism and encouraged arbitration of disputes) were incompatible with it.
Norway reserves the right to strike so as to allow for compulsory arbitration of some labour disputes.
Pakistan has a general reservation to interpret the Covenant within the framework of its constitution.
Thailand interprets the right to self-determination within the framework of other international law.
Trinidad and Tobago reserves the right to restrict the right to strike of those engaged in essential occupations.
Turkey will implement the Covenant subject to the UN Charter. It also reserves the right to interpret and implement the right of parents to choose and establish educational institutions in a manner compatible with its constitution.
United Kingdom views the Covenant as subservient to the UN Charter. It made several reservations regarding its overseas territories.
United States - Amnesty International
writes that "The United States signed the Covenant in 1979 under the Carter administration but is not fully bound by it until it is ratified. For political reasons, the Carter administration did not push for the necessary review of the Covenant by the Senate, which must give its “advice and consent” before the US can ratify a treaty. The Reagan and George H.W. Bush administrations took the view that economic, social, and cultural rights were not really rights but merely desirable social goals and therefore should not be the object of binding treaties. The Clinton Administration did not deny the nature of these rights but did not find it politically expedient to engage in a battle with Congress over the Covenant. The George W. Bush administration followed in line with the view of the previous Bush administration." The Heritage Foundation
, a critical conservative think tank, argues that signing it would obligate the introduction of policies that it opposes such as universal health care
.
is a side-agreement to the Covenant which allows its parties to recognise the competence of the Committee on Economic Social and Cultural Rights to consider complaints from individuals.
The Optional Protocol was adopted by the UN General Assembly on 10 December 2008. It was opened for signature on 24 September 2009, and as of October 2011 has been signed by 39 parties and ratified by 4. It will enter into force when ratified by 10 parties.
Unlike other human rights monitoring bodies, the Committee was not established by the treaty it oversees. Rather, it was established by the Economic and Social Council following the failure of two previous monitoring bodies.
All states parties are required to submit regular reports to the Committee outlining the legislative, judicial, policy and other measures they have taken to implement the rights affirmed in the Covenant. The first report is due within two years of ratifying the Covenant; thereafter reports are due every five years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.
The Committee typically meets every May and November in Geneva
.
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
adopted by the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
on December 16, 1966, and in force from January 3, 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals, including labour rights and the right to health
Right to health
The right to health is the economic, social and cultural right to the highest attainable standard of health. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...
, the right to education
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...
, and the right to an adequate standard of living
Right to an adequate standard of living
The right to an adequate standard of living is recognized as a human right and is understood to establish a minimum entitlement to food, clothing and housing at a subsistence level. The right to food and the right to housing have been further defined in human rights instruments...
. As of July 2011, the Covenant had 160 parties. A further six countries had signed, but not yet ratified the Covenant.
The ICESCR is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
(UDHR) and the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
(ICCPR), including the latter's first
First Optional Protocol to the International Covenant on Civil and Political Rights
The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights . It was adopted by the UN General Assembly on 16 December 1966, and entered...
and second
Second Optional Protocol to the International Covenant on Civil and Political Rights
The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty is a side agreement to the International Covenant on Civil and Political Rights. It was created on 15 December 1989, and entered into force on 11 July 1991. As of...
Optional Protocols.
The Covenant is monitored by the UN Committee on Economic, Social and Cultural Rights
Committee on Economic, Social and Cultural Rights
The Committee on Economic, Social and Cultural Rights is a United Nations body of 18 experts that meets three times a year to consider the five-yearly reports submitted by UN member states on their compliance with the International Covenant on Economic, Social and Cultural Rights...
.
Genesis
The ICESCR has its roots in the same process that led to the Universal Declaration of Human RightsUniversal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
. A "Declaration on the Essential Rights of Man" had been proposed at the 1945 San Francisco Conference
United Nations Conference on International Organization
The United Nations Conference on International Organization was a convention of delegates from 50 Allied nations that took place from 25 April 1945 to 26 June 1945 in San Francisco, California. At this convention, the delegates reviewed and rewrote the Dumbarton Oaks agreements...
which led to the founding of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, and the Economic and Social Council
United Nations Economic and Social Council
The Economic and Social Council of the United Nations constitutes one of the six principal organs of the United Nations and it is responsible for the coordination of the economic, social and related work of 14 UN specialized agencies, its functional commissions and five regional commissions...
was given the task of drafting it. Early on in the process, the document was split into a declaration setting forth general principles of human rights, and a convention or covenant containing binding commitments. The former evolved into the UDHR and was adopted on December 10, 1948.
Drafting continued on the convention, but there remained significant differences between UN members on the relative importance of negative civil and political versus positive economic, social and cultural rights. These eventually caused the convention to be split into two separate covenants, "one to contain civil and political rights and the other to contain economic, social and cultural rights." The two covenants were to contain as many similar provisions as possible, and be opened for signature simultaneously. Each would also contain an article on the right of all peoples to self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
.
The first document became the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
, and the second the International Covenant on Economic, Social and Cultural Rights. The drafts were presented to the UN General Assembly for discussion in 1954, and adopted in 1966.
Summary
The Covenant follows the structure of the UDHR and ICCPR, with a preamble and thirty-one articles, divided into five parts.Part 1 (Article 1) recognises the right of all peoples to self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
, including the right to "freely determine their political status", pursue their economic, social and cultural goals, and manage and dispose of their own resources. It recognises a negative right of a people not to be deprived of its means of subsistence, and imposes an obligation on those parties still responsible for non-self governing and trust territories (colonies) to encourage and respect their self-determination.
Part 2 (Articles 2 - 5) establishes the principle of "progressive realisation" - see below. It also requires the rights be recognised "without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". The rights can only be limited by law, in a manner compatible with the nature of the rights, and only for the purpose of "promoting the general welfare in a democratic society".
Part 3 (Articles 6 - 15) lists the rights themselves. These include rights to
- work, under "just and favourable conditions", with the right to form and join trade unionTrade unionA trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
s (Articles 6, 7, and 8); - social securitySocial securitySocial security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
, including social insuranceSocial insuranceSocial insurance is any government-sponsored program with the following four characteristics:* the benefits, eligibility requirements and other aspects of the program are defined by statute;...
(Article 9); - family life, including paid parental leaveParental leaveParental leave is an employee benefit that provides paid or unpaid time off work to care for a child or make arrangements for the child's welfare. Often, the term parental leave includes maternity, paternity, and adoption leave...
and the protection of children (Article 10); - an adequate standard of livingRight to an adequate standard of livingThe right to an adequate standard of living is recognized as a human right and is understood to establish a minimum entitlement to food, clothing and housing at a subsistence level. The right to food and the right to housing have been further defined in human rights instruments...
, including adequate foodRight to foodThe right to food, and its variations, is a human right derived from the International Covenant on Economic, Social and Cultural Rights...
, clothing and housingRight to housingThe right to housing is the economic, social and cultural right to adequate housing and shelter. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...
, and the "continuous improvement of living conditions" (Article 11); - health, specifically "the highest attainable standard of physical and mental health" (Article 12);
- education, including free universal primary educationPrimary educationA primary school is an institution in which children receive the first stage of compulsory education known as primary or elementary education. Primary school is the preferred term in the United Kingdom and many Commonwealth Nations, and in most publications of the United Nations Educational,...
, generally available secondary educationSecondary educationSecondary education is the stage of education following primary education. Secondary education includes the final stage of compulsory education and in many countries it is entirely compulsory. The next stage of education is usually college or university...
and equally accessible higher educationHigher educationHigher, post-secondary, tertiary, or third level education refers to the stage of learning that occurs at universities, academies, colleges, seminaries, and institutes of technology...
. This should be directed to "the full development of the human personality and the sense of its dignity", and enable all persons to participate effectively in society (Articles 13 and 14); - participation in cultural life (Article 15).
Many of these rights include specific actions which must be undertaken to realise them.
Part 4 (Articles 16 - 25) governs reporting and monitoring of the Covenant and the steps taken by the parties to implement it. It also allows the monitoring body - originally the United Nations Economic and Social Council
United Nations Economic and Social Council
The Economic and Social Council of the United Nations constitutes one of the six principal organs of the United Nations and it is responsible for the coordination of the economic, social and related work of 14 UN specialized agencies, its functional commissions and five regional commissions...
- now the Committee on Economic, Social and Cultural Rights - see below - to make general recommendations to the UN General Assembly on appropriate measures to realise the rights (Article 21)
Part 5 (Articles 26 - 31) governs ratification, entry into force, and amendment of the Covenant.
Principle of progressive realisation
Article 2 of the Covenant imposes a duty on all parties to- take steps... to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.
This is known as the principle of "progressive realisation". It acknowledges that some of the rights (for example, the right to health) may be difficult in practice to achieve in a short period of time, and that states may be subject to resource constraints, but requires them to act as best they can within their means.
The principle differs from that of the ICCPR, which obliges parties to "respect and to ensure to all individuals within its territory and subject to its jurisdiction" the rights in that Convention. However, it does not render the Covenant meaningless. The requirement to "take steps" imposes a continuing obligation to work towards the realisation of the rights. It also rules out deliberately regressive measures which impede that goal. The Committee on Economic, Social and Cultural Rights also interprets the principle as imposing minimum core obligations to provide, at the least, minimum essential levels of each of the rights. If resources are highly constrained, this should include the use of targeted programmes aimed at the vulnerable.
The Committee on Economic, Social and Cultural Rights regards legislation as an indispensable means for realising the rights which is unlikely to be limited by resource constraints. The enacting of anti-discrimination provisions and the establishment of enforceable rights with judicial remedies within national legal systems are considered to be appropriate means. Some provisions, such as anti-discrimination laws, are already required under other human rights instruments, such as the ICCPR.
Labour rights
Article 6 of the Covenant recognises the right to workRight to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so...
, defined as the opportunity of everyone to gain their living by freely chosen or accepted work. Parties are required to take "appropriate steps" to safeguard this right, including technical and vocational training and economic policies aimed at steady economic development and ultimately full employment
Full employment
In macroeconomics, full employment is a condition of the national economy, where all or nearly all persons willing and able to work at the prevailing wages and working conditions are able to do so....
. The right implies parties must guarantee equal access to employment and protect workers from being unfairly deprived of employment. They must prevent discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
in the workplace and ensure access for the disadvantaged. The fact that work must be freely chosen or accepted means parties must prohibit forced
Unfree labour
Unfree labour includes all forms of slavery as well as all other related institutions .-Payment for unfree labour:If payment occurs, it may be in one or more of the following forms:...
or child labour.
The work referred to in Article 6 must be decent work
Decent work
Decent work is the availability of employment in conditions of freedom, equity, human security and dignity.According to the International Labour Organization ILO, Decent Work involves opportunities for work that is productive and delivers a fair income, security in the workplace and social...
. This is effectively defined by Article 7 of the Covenant, which recognises the right of everyone to "just and favourable" working conditions. These are in turn defined as fair wages with equal pay for equal work, sufficient to provide a decent living for workers and their dependants; safe working conditions
Occupational safety and health
Occupational safety and health is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. The goal of all occupational safety and health programs is to foster a safe work environment...
; equal opportunity in the workplace; and sufficient rest and leisure, including limited working hours and regular, paid holidays.
Article 8 recognises the right of workers to form or join trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
s and protects the right to strike
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
. It allows these rights to be restricted for members of the armed forces, police, or government administrators. Several parties have placed reservations on this clause, allowing it to be interpreted in a manner consistent with their constitutions (China, Mexico), or extending the restriction of union rights to groups such as fire-fighters (Japan).
The right to social security
Article 9 of the Covenant recognizes "the right of everyone to social securitySocial security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
, including social insurance
Social insurance
Social insurance is any government-sponsored program with the following four characteristics:* the benefits, eligibility requirements and other aspects of the program are defined by statute;...
." It requires parties to provide some form of social insurance scheme to protect people against the risks of sickness, disability, maternity, employment injury, unemployment or old age; to provide for survivors, orphans, and those who cannot afford health care; and to ensure that families are adequately supported. Benefits from such a scheme must be adequate, accessible to all, and provided without discrimination. The Covenant does not restrict the form of the scheme, and both contributory and non-contributory schemes are permissible (as are community-based and mutual schemes).
The Committee on Economic, Social and Cultural Rights has noted persistent problems with the implementation of this right, with very low levels of access.
Several parties, including France and Monaco, have reservations allowing them to set residence requirements in order to qualify for social benefits. The Committee on Economic, Social and Cultural Rights permits such restrictions, provided they are proportionate and reasonable.
The right to family life
Article 10 of the Covenant recognises the family as "the natural and fundamental group unit of society", and requires parties to accord it "the widest possible protection and assistance." Parties must ensure that their citizens are free to establish families and that marriages are freely contracted and not forcedForced marriage
Forced marriage is a term used to describe a marriage in which one or both of the parties is married without his or her consent or against his or her will...
. Parties must also provide paid leave
Parental leave
Parental leave is an employee benefit that provides paid or unpaid time off work to care for a child or make arrangements for the child's welfare. Often, the term parental leave includes maternity, paternity, and adoption leave...
or adequate social security to mothers before and after childbirth, an obligation which overlaps with that of Article 9. Finally, parties must take "special measures" to protect children from economic or social exploitation, including setting a minimum age of employment and barring children from dangerous and harmful occupations.
The right to an adequate standard of living
Article 11 recognises the right of everyone to an adequate standard of livingRight to an adequate standard of living
The right to an adequate standard of living is recognized as a human right and is understood to establish a minimum entitlement to food, clothing and housing at a subsistence level. The right to food and the right to housing have been further defined in human rights instruments...
. This includes, but is not limited to, the right to adequate food, clothing, housing, and "the continuous improvement of living conditions." It also creates an obligation on parties to work together to eliminate world hunger.
The right to adequate food, also referred to as the right to food
Right to food
The right to food, and its variations, is a human right derived from the International Covenant on Economic, Social and Cultural Rights...
, is interpreted as requiring "the availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture." This must be accessible to all, implying an obligation to provide special programmes for the vulnerable. The right to adequate food also implies a right to water
Right to water
- Introduction :The number of people lacking access to safe drinking water is 884 million and more than 2.6 billion miss a basic sanitation.When taken as human right, the right to water places certain responsibilities upon governments to ensure that people can enjoy "sufficient, safe, accessible...
.
The right to adequate housing, also referred to as the right to housing
Right to housing
The right to housing is the economic, social and cultural right to adequate housing and shelter. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...
, is "the right to live somewhere in security, peace and dignity." It requires "adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities - all at a reasonable cost." Parties must ensure security of tenure and that access is free of discrimination, and progressively work to eliminate homelessness. Forced evictions, defined as "the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection", are a prima facie violation of the Covenant.
The right to health
Article 12 of the Covenant recognises the right of everyone to "the enjoyment of the highest attainable standard of physical and mental health." "Health" is understood not just as a right to be healthy, but as a right to control ones own health and body (including reproduction), and be free from interference such as tortureTorture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
or medical experimentation. States must protect this right by ensuring that everyone within their jurisdiction has access to the underlying determinants of health, such as clean water, sanitation, food, nutrition and housing, and through a comprehensive system of healthcare, which is available to everyone without discrimination, and economically accessible to all.
Article 12.2 requires parties to take specific steps to improve the health of their citizens, including reducing infant mortality and improving child health, improving environmental and workplace health, preventing, controlling and treating epidemic diseases, and creating conditions to ensure equal and timely access to medical services for all. These are considered to be "illustrative, non-exhaustive examples", rather than a complete statement of parties' obligations.
The right to health is interpreted as requiring parties to respect women's' reproductive rights
Reproductive rights
Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health. The World Health Organization defines reproductive rights as follows:...
, by not limiting access to contraception
Contraception
Contraception is the prevention of the fusion of gametes during or after sexual activity. The term contraception is a contraction of contra, which means against, and the word conception, meaning fertilization...
or "censoring, withholding or intentionally misrepresenting" information about sexual health. They must also ensure that women are protected from harmful traditional practices such as female genital mutilation.
The right to free education
Article 13 of the Covenant recognises the right of everyone to free education (free for the primary level and "the progressive introduction of free education" for the secondary and higher levels). This is to be directed towards "the full development of the human personality and the sense of its dignity", and enable all persons to participate effectively in society. Education is seen both as a human right and as "an indispensable means of realizing other human rights", and so this is one of the longest and most important articles of the Covenant.Article 13.2 lists a number of specific steps parties are required to pursue to realise the right of education. These include the provision of free, universal and compulsory
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...
primary education
Primary education
A primary school is an institution in which children receive the first stage of compulsory education known as primary or elementary education. Primary school is the preferred term in the United Kingdom and many Commonwealth Nations, and in most publications of the United Nations Educational,...
, "generally available and accessible" secondary education
Secondary education
Secondary education is the stage of education following primary education. Secondary education includes the final stage of compulsory education and in many countries it is entirely compulsory. The next stage of education is usually college or university...
in various forms (including technical and vocational training), and equally accessible higher education
Higher education
Higher, post-secondary, tertiary, or third level education refers to the stage of learning that occurs at universities, academies, colleges, seminaries, and institutes of technology...
. All of these must be available to all without discrimination. Parties must also develop a school system (though it may be public, private, or mixed), encourage or provide scholarships for disadvantaged groups. Parties are required to make education free at all levels, either immediately or progressively; "[p]rimary education shall be compulsory and available free to all"; secondary education "shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education"; and "[h]igher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education."
Articles 13.3 and 13.4 require parties to respect the educational freedom of parents by allowing them to choose and establish private educational institutions for their children, also referred to as Freedom of education
Freedom of education
Freedom of education is a constitutional concept that has been included in the European Convention on Human Rights, Protocol 1, Article 2 and several national constitutions, e.g. the , the Belgian constitution and the Dutch constitution...
. It also recognises the right of parents to "ensure the religious and moral education of their children in conformity with their own convictions". This is interpreted as requiring public schools to respect the freedom of religion and conscience of their students, and as forbidding instruction in a particular religion or belief system unless non-discriminatory exemptions and alternatives are available.
The Committee on Economic, Social and Cultural Rights interpret the Covenant as also requiring states to respect the academic freedom
Academic freedom
Academic freedom is the belief that the freedom of inquiry by students and faculty members is essential to the mission of the academy, and that scholars should have freedom to teach or communicate ideas or facts without being targeted for repression, job loss, or imprisonment.Academic freedom is a...
of staff and students, as this is vital for the educational process. It also considers corporal punishment
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
in schools to be inconsistent with the Covenant's underlying principle of the dignity of the individual.
Article 14 of the Covenant requires those parties which have not yet established a system of free compulsory primary education, to rapidly adopt a detailed plan of action for its introduction "within a reasonable number of years."
The right to participation in cultural life
Article 15 of the Covenant recognises the right of everyone to participate in cultural life, enjoy the benefits of scientific progress, and to benefit from the protection of the moral and material rights to any scientific discovery or artistic work they have created. The latter clause is sometimes seen as requiring the protection of intellectual propertyIntellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
, but the Committee on Economic, Social and Cultural Rights interprets it as primarily protecting the moral rights of authors and "proclaim[ing] the intrinsically personal character of every creation of the human mind and the ensuing durable link between creators and their creations". It thus requires parties to respect the right of authors to be recognised as the creator of a work. The material rights are interpreted as being part of the right to an adequate standard of living, and "need not extend over the entire lifespan of an author."
Parties must also work to promote the conservation, development and diffusion of science and culture, "respect the freedom indispensable for scientific research and creative activity", and encourage international contacts and cooperation in these fields.
Reservations
A number of parties have made reservations and interpretative declarations to their application of the Covenant.Algeria interprets parts of Article 13, protecting the liberty of parents to freely choose or establish suitable educational institutions, so as not to "impair its right freely to organize its educational system."
Bangladesh interprets the self-determination clause in Article 1 as applying in the historical context of colonialism
Colonialism
Colonialism is the establishment, maintenance, acquisition and expansion of colonies in one territory by people from another territory. It is a process whereby the metropole claims sovereignty over the colony and the social structure, government, and economics of the colony are changed by...
. It also reserves the right to interpret the labour rights in Articles 7 and 8 and the non-discrimination clauses of Articles 2 and 3 within the context of its constitution and domestic law.
Belgium interprets non-discrimination as to national origin as "not necessarily implying an obligation on States automatically to guarantee to foreigners the same rights as to their nationals. The term should be understood to refer to the elimination of any arbitrary behaviour but not of differences in treatment based on objective and reasonable considerations, in conformity with the principles prevailing in democratic societies."
China prohibits labour rights in Article 8 in a manner consistent with its constitution and domestic law.
Egypt accepts the Covenant only to the extent it does not conflict with Islamic Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law. Sharia is "a primary source of legislation" under Article 2 of both the suspended 1973 Constitution and the 2011 Provisional Constitutional Declaration.
France views the Covenant as subservient to the UN Charter. It also reserves the right to govern the access of aliens to employment, social security, and other benefits.
India interprets the right of self-determination as applying "only to the peoples under foreign domination" and not to apply to peoples within sovereign nation-states. It also interprets the limitation of rights clause and the rights of equal opportunity in the workplace within the context of its constitution.
Indonesia interprets the self-determination clause (Article 1) within the context of other international law and as not applying to peoples within a sovereign nation-state.
Ireland reserves the right to promote the Irish language
Irish language
Irish , also known as Irish Gaelic, is a Goidelic language of the Indo-European language family, originating in Ireland and historically spoken by the Irish people. Irish is now spoken as a first language by a minority of Irish people, as well as being a second language of a larger proportion of...
.
Japan reserved the right not to be bound to progressively introduce free secondary and higher education.
Kuwait interprets the non-discrimination clauses of Articles 2 and 3 within its constitution and laws, and reserves the right to social security to apply only to Kuwaitis. It also reserves the right to forbid strikes.
Mexico interprets the labour rights in Article 8 within the context of its constitution and laws.
Monaco interprets the principle of non-discrimination on the grounds of national origin as "not necessarily implying an automatic obligation on the part of States to guarantee foreigners the same rights as their nationals", and reserves the right to set residence requirements on the rights to work, health, education, and social security.
New Zealand reserved the right not to apply Article 8 (the right to form and join trade unions) insofar as existing measures (which at the time included compulsory unionism and encouraged arbitration of disputes) were incompatible with it.
Norway reserves the right to strike so as to allow for compulsory arbitration of some labour disputes.
Pakistan has a general reservation to interpret the Covenant within the framework of its constitution.
Thailand interprets the right to self-determination within the framework of other international law.
Trinidad and Tobago reserves the right to restrict the right to strike of those engaged in essential occupations.
Turkey will implement the Covenant subject to the UN Charter. It also reserves the right to interpret and implement the right of parents to choose and establish educational institutions in a manner compatible with its constitution.
United Kingdom views the Covenant as subservient to the UN Charter. It made several reservations regarding its overseas territories.
United States - Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
writes that "The United States signed the Covenant in 1979 under the Carter administration but is not fully bound by it until it is ratified. For political reasons, the Carter administration did not push for the necessary review of the Covenant by the Senate, which must give its “advice and consent” before the US can ratify a treaty. The Reagan and George H.W. Bush administrations took the view that economic, social, and cultural rights were not really rights but merely desirable social goals and therefore should not be the object of binding treaties. The Clinton Administration did not deny the nature of these rights but did not find it politically expedient to engage in a battle with Congress over the Covenant. The George W. Bush administration followed in line with the view of the previous Bush administration." The Heritage Foundation
Heritage Foundation
The Heritage Foundation is a conservative American think tank based in Washington, D.C. Heritage's stated mission is to "formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong...
, a critical conservative think tank, argues that signing it would obligate the introduction of policies that it opposes such as universal health care
Universal health care
Universal health care is a term referring to organized health care systems built around the principle of universal coverage for all members of society, combining mechanisms for health financing and service provision.-History:...
.
Optional Protocol
The Optional Protocol to the International Covenant on Economic, Social and Cultural RightsOptional Protocol to the International Covenant on Economic, Social and Cultural Rights
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an international treaty establishing complaint and inquiry mechanisms for the International Covenant on Economic, Social and Cultural Rights. It was adopted by the UN General Assembly on 10 December 2008,...
is a side-agreement to the Covenant which allows its parties to recognise the competence of the Committee on Economic Social and Cultural Rights to consider complaints from individuals.
The Optional Protocol was adopted by the UN General Assembly on 10 December 2008. It was opened for signature on 24 September 2009, and as of October 2011 has been signed by 39 parties and ratified by 4. It will enter into force when ratified by 10 parties.
The Committee on Economic, Social and Cultural Rights
The Committee on Economic, Social and Cultural Rights is a body of human rights experts tasked with monitoring the implementation of the Covenant. It consists of 18 independent human rights experts, elected for four-year terms, with half the members elected every two years.Unlike other human rights monitoring bodies, the Committee was not established by the treaty it oversees. Rather, it was established by the Economic and Social Council following the failure of two previous monitoring bodies.
All states parties are required to submit regular reports to the Committee outlining the legislative, judicial, policy and other measures they have taken to implement the rights affirmed in the Covenant. The first report is due within two years of ratifying the Covenant; thereafter reports are due every five years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.
The Committee typically meets every May and November in Geneva
Geneva
Geneva In the national languages of Switzerland the city is known as Genf , Ginevra and Genevra is the second-most-populous city in Switzerland and is the most populous city of Romandie, the French-speaking part of Switzerland...
.
External links
- List of parties, UNTC
- Committee on Economic, Social and Cultural Rights, the Convention's monitoring body
- International Network for Economic, Social and Cultural Rights
- "Rights and Value: Construing the International Covenant on Economic, Social and Cultural Rights as Civil Commons" by G. Baruchello & R.L. Johnstone, Studies in Social Justice, Vol 5, No 1 (2011): Special Issue: Life Value and Social Justice, 91-125