What are economic, social and cultural rights (ESCR)?
They are the freedoms, privileges and entitlements individuals and communities require to live a life of dignity, such as rights to work, social security, health, education, food, water, housing and participation in cultural life.
Which core treaty codifies economic, social and cultural rights?
The International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted in 1966.
What are the three main types of state obligations under ESCR?
The obligations to respect, protect, and fulfil economic, social and cultural rights.
What does the obligation to respect ESCR require from states?
States must not interfere with people’s enjoyment of the rights, for example by refraining from actions that arbitrarily deprive people of access to food, housing, health care or education.
What does the obligation to protect ESCR require from states?
States must reasonably prevent third parties such as enterprises or individuals from interfering with the enjoyment of ESCR.
What does the obligation to fulfil ESCR require from states?
States must take active steps to create conditions necessary for the full enjoyment of ESCR, including legislative, administrative, budgetary and other measures.
What is the Optional Protocol to the ICESCR?
allows individuals to submit complaints to the Committee on Economic, Social and Cultural Rights about alleged violations of ICESCR rights by states that have ratified the Protocol.
In economic terms, how is an adequate standard of living described in the slides?
As living above the society’s poverty line, with expenditure sufficient for minimum nutrition and essential necessities, and participation in everyday social and economic activities.
According to the slides, what is the shared responsibility for achieving an adequate standard of living?
Individuals manage their needs and resources, while the state ensures a supportive framework through policies that provide access to essential services, social protection and opportunities.
What are some expectations placed on individuals in achieving an adequate standard of living?
Using available resources like land, capital or labour, seeking employment or self-employment, living within their means, and ensuring basic necessities such as food, shelter, clothing and education for their families.
What principle does Article 2(1) ICESCR establish?
The principle of progressive realisation: states are responsible for gradually implementing eco, social, and cultural rights over time- substantial steps towards their realisation
What does General Comment No. 3 say about non-discrimination in ESCR?
States must guarantee non-discrimination in the realisation of ESCR so that marginalised and disadvantaged groups benefit equally from measures taken.
What does the principle of ‘maximum available resources’ require?
States must allocate their utmost financial and human resources towards realising socio-economic rights, prioritising budgets and mobilising resources effectively to overcome barriers.
What are ‘minimum core obligations’ under ESCR?
Essential levels of each right that states must secure regardless of resource limitations, such as basic food, basic health care and basic education necessary to uphold human dignity.
What is the obligation to fulfil (facilitate) in relation to the right to food?
States must engage in activities that improve people’s ability to access and use resources needed for their livelihoods, including food.
What is the obligation to fulfil (provide) in relation to the right to food?
In situations where people cannot secure adequate food by their own means, such as during disasters, states must directly provide necessary resources and support.
Why is access to safe water described as essential on the slides?
It is crucial for quality of life, drinking, cooking, hygiene and sanitation; without it, people face health risks like waterborne diseases and poor sanitation.
What three key dimensions of the right to water does General Comment 15 identify?
Availability (sufficient and continuous supply), quality (safe and clean free from contamination) and accessibility (physically reachable, affordable and non-discriminatory-prohibit).
What freedoms related to the right to water are highlighted in General Comment 15?
Freedom from interference such as arbitrary water disconnections or contamination of water supplies.
What entitlements are associated with the right to water in General Comment 15?
The right to a reliable water supply and management system providing equitable opportunities for all to enjoy the right to water.
How is the right to health broadly formulated in the slides?
Everyone shall have the right to the highest attainable standard of physical and mental health.
According to General Comment 14, what are teh stae obligations related to right to health?
Availability- to all
accessibility- to all
Acceptability- repesct medical ethics-sensitive to gender needs
Quality- scientifically and medically appropriate and good quality
According to General Comment 14, what four dimensions make up accessibility for health services?
Non-discrimination, physical accessibility, economic accessibility (affordability) and information accessibility- right ot seek, receive and impart health info)
How is adequate housing described in the slides?
Adequate standard of living everyone has a place to live - provides security, basic infrastructure, privacy, warmth in cold and protection from heat.
