Economic, social and cultural rights

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Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

Contents

The Universal Declaration on Human Rights recognises a number of economic, social and cultural rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. [1] The Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women recognises and protects many of the economic, social and cultural rights recognised in the ICESCR in relation to children and women. The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Rights of Persons with Disabilities also prohibits all discrimination on the basis of the disability including refusal of the reasonable accommodation relating to full enjoyment of economic, social and cultural rights.

International and regional human rights instruments

Women's economic rights in 2011 Women's Economic Rights, OWID.svg
Women's economic rights in 2011

Economic, social and cultural rights are recognized and protected in a number of international and regional human rights instruments. [3]

International human rights instruments

The Universal Declaration on Human Rights (UDHR), adopted by the UN General Assembly in 1948, is one of the most important sources of economic, social and cultural rights. It recognizes the right to social security in Article 22, the right to work in Article 23, the right to rest and leisure in Article 24, the right to an adequate standard of living in Article 25, the right to education in Article 26, and the right to benefits of science and culture in Article 27. [3]

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Covenant recognized and protects the right to work and to just and favorable working conditions in Article 6 and 7, the right to join trade unions and take collective labor action in Article 8, the right to social security in Article 9, the right to protection of the family, including protection for mothers and children, in Article 10, the right to an adequate standard of living, including the right to food and the right to housing, in Article 11, the right to health in Article 12, the right to education in Article 13, as well as the right to participate in cultural life and the right to benefits of science and culture in Article 15. The International Covenant on Civil and Political Rights, adopted at the same time as the ICESCR, recognizes and protects a number of core economic, social and cultural rights, including the right to join trade unions in Article 22, and the right of ethnic, religious or linguistic minorities to engage in their culture, practice their religion and use their language in Article 27. [3]

A number of other major international human rights instruments contain provisions relating to economic, social and cultural rights. The Convention on the Rights of the Child recognizes and protects many of the economic, social and cultural rights recognized in the ICESCR in relation to children. Including the right to health in Article 24, the right to social security in Article 25, the right to an adequate standard of living in Article 27, the right to education in Article 28, and the right to protection from economic exploitation (see child labour) in Article 32. [3] The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Elimination of All Forms of Discrimination Against Women affirms a range of economic, social and cultural rights to women. The ILO Conventions of the International Labour Organization (ILO) protect a range of work related economic, social and cultural rights. [4] Common global standards were agreed by some 195 states in the Recommendation on Science and Scientific protect and reassert scientific freedoms, the rights of scientists, and rights of research subjects, and the right of everyone to science. [5]

Regional human rights instruments

The African Charter on Human and Peoples' Rights protects the right to work in Article 15, the right to health in Article 16, and the right to education in Article 17. The European Social Charter protects a wide range of economic, social and cultural rights, including the right to work, to favourable working conditions, the right to join trade unions and to take collective labour action in Article 1 to 10, the right to health in Article 11, the right to social security, including the right to medical assistance and the right to social welfare services, in Article 12 to 14, protection of especially vulnerable groups are enshrined in Article 15 to 17 and 19, and right to housing in Article 31. The Protocol of San Salvador protects a range of economic, social and cultural rights within the Inter-American human rights system. [4]

A range of secondary legal sources exist on economic, social and cultural rights which provide guidance on their normative definition. An important secondary legal source is the United Nations Committee on Economic, Social and Cultural Rights which is overseeing the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Committee has been central in developing the normative definition of key economic, social and cultural rights, interpreting the role of State Parties to the ICESCR, and monitoring protection and violation of the ICESCR rights. The Committee issues guiding pronouncements in the form of general comments, and other human rights treaty bodies may also issue comments relevant to economic, social and cultural rights. [4]

Other important secondary legal sources on economic, social and cultural rights are the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights 1987 and the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights 1997. The Limburg Principles have been extensively used in national legal systems as an interpretive tool for establishing violations of economic, social and cultural rights. The Maastricht Guidelines build on the Limburg Principles and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. [6] Various United Nations Special Rapporteurs have influenced the normative development of economic, social and cultural rights. Appointed by the Commission on Human Rights and its sub-commissions, key rapporteurs include the Special Rapporteur on the Realization of Economic, Social and Cultural Rights, the Special Rapporteur on the Right to Adequate Housing, the Special Rapporteur on the Right to Education, and the Special Rapporteur on Violence Against Women. [7]

National constitutions

A number of national constitutions recognize economic, social and cultural rights. For example, the 1996 Constitution of South Africa includes economic, social and cultural rights and the South African Constitutional Court has heard claims under these obligations (see Grootboom and Treatment Action Campaign cases). The Supreme Court of India has interpreted Article 21 of the Constitution to contain positive social rights.

Constitutional recognition of economic, social and cultural rights has long been thought to be counterproductive, given that courts might be tasked to adjudicate them, and hence disrupt the democratic chains of accountability of the so-called elected branches. [8] Nonetheless, a growing literature from the Global South has tracked very different judicial responses. [9]

Sympathetic critics argue that socio-economic rights appear 'quite negligible' factors in terms of ensuring overall human development. [10] Contemporary welfare states tend to emphasize decommodification, general welfare and the common good, not rights. Sweden, Finland, and Denmark, for example, adhere to a comparatively robust welfare effort, built primarily through social democratic parties and trade union mobilisation, without relying on judicial review of socio-economic rights. [10] Nonetheless, majoritarian political arenas such as parliaments and trade union structures may remain unresponsive to minorities. The gains won through litigation, modest though they may be, can nonetheless be of value for those who benefit from them. [11]

Civil society movements have advanced alternative institutions, norms and practices for constitution-making and making socio-economic rights effective. Participants in recent constitution-making experiments in Iceland, Bolivia and Ecuador have all linked economic and social rights to new institutional arrangements such as participatory budgeting or technologically-enhanced direct democracy as well as to new norms and discourses, notably those concerning ecological stewardship and the commons as well as care and social reproduction. In Ireland, social movements such as the 'Right2Water' and 'Repeal the 8th' campaigns have demonstrated how highly networked individuals and communities can mobilise both alongside and outside of traditional institutions, act collectively, and advance economic, social and cultural rights. [12]

State responsibility

Economic, social and cultural right enshrined in international and regional human rights instruments are legally binding. Member states have a legal obligation to respect, protect and fulfil these rights. The exact nature of states' obligations in this respect has been established principally in relation to the International Covenant on Economic, Social and Cultural Rights (ICESCR), [7] and further Optional Protocol to the International Covenant on Economic, Social and Cultural Rights has been established in accordance with Vienna Declaration and Programme of Action. [13]

State parties to the ICESCR are required to take "progressive action" towards fulfilment of the ICESR rights. While immediate fulfilment may not be possible due to the economic situation of a country, postponement of proactive action is not permitted. State parties must show genuine efforts to secure the economic, social and cultural rights enshrined in the ICESCR. The burden of proof for progressive action is considered on be with the state party. The prohibition on discrimination in relation to economic, social and cultural rights is regarded as having immediate effect. State parties must abolish laws, policies and practices which affect the equal enjoyment of economic, social and cultural rights and take action to prevent discrimination in public life. All state parties, regardless of the economic situation in the country or resource scarcity, are required to ensure respect for minimum subsistence rights for all. State parties must also ensure that available resources are accessed and used equitably. Therefore, government decisions on how to allocate resources should be subject to scrutiny. Legislative measures alone are not sufficient to ensure compliance with the ICESCR and state parties are expected to provide judicial remedies in addition to taking administrative, financial, educational and social measures. [14]

Monitoring, enforcement and implementation framework

Intergovernmental organisations and non-governmental organisations (NGOs) have persistently neglected economic, social and cultural rights over the past 50 years. [15] While all human rights are said to be "equal, indivisible, interrelated, and interdependent", the monitoring, enforcement and implementation framework for economic, social and cultural rights is less advanced than that for civil and political rights. International enforcement mechanisms are strongest for civil and political rights, and their violation is considered more serious than that of economic, social and cultural rights. There are few international NGOs that focus on economic, social and cultural rights and there are few lawyers who have the knowledge or experience to defend economic, social and cultural rights at a national or international level. Economic, social and cultural rights are less likely than civil and political rights to be protected in national constitutions. [16]

In 2008, the United Nations General Assembly adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which gives the Committee on Economic, Social and Cultural Rights competence to receive and consider communications from individuals claiming that their rights under the Covenant have been violated by a state party. The Protocol entered into force on 5 May 2013.

In 2017, for the common global standards in the Recommendation on Science and Scientific Researchers relating to the right to science, states agreed at the UNESCO General Conference to adopt four-yearly reporting on implementation, and agreed that UNESCO's Executive Board is competent to manage monitoring, with the networks of UNESCO National Commissions and academic partners mobilized in countries to ensure implementation and monitoring at country level. [17] For the other major international human rights conventions mentioned above there are various other treaty bodies to ensure some monitoring of implementation. And each may transmit to the Human Rights Council reports of individual cases when a state is the subject of a Universal Periodic Review.

Education as a human right

Education is guaranteed as a human right in many human rights treaties, including: [18]

The right to education places the individual at the centre of education frameworks.

Education as a human right has the following characteristics: [18]

The right to education places legal obligations on states when they make decisions regarding education and the education system. It offers an internationally agreed normative framework for the standards that states must not fall beneath concerning the education of its citizens and non-citizens. [18]

Education as a multiplier right Right to ed handbook Fig 1.2.svg
Education as a multiplier right

These standards define what states must do and avoid doing in order to ensure the dignity of the individual. The right to education is broad and covers many aspects of education. This means that for the specific areas related to education, states must act within the boundaries permitted under international human rights law (IHRL). [18]

The main aspects of education are: [18]

Advocacy

Networking groups such as ESCR-Net are working to create online resources and spread information about effective cases, initiatives, and working groups promoting ideals and celebrating victories of human rights initiatives and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Currently, human rights advocacy groups are working diligently to fine-tune rules, regulations and implementation schemes; little news of complaint successes or failures is available. [23] The Centre on Housing Rights and Evictions (COHRE) has helped to establish the Housing and Property Directorate (HPD/HPCC) in Kosovo. [24]

Theory of rights

According to Karel Vasak's theory of three generations of human rights, economic, social and cultural rights are considered second-generation rights, while civil and political rights, such as freedom of speech, right to a fair trial, and the right to vote, are considered first-generation rights. [25] The theory of negative and positive rights considers economic, social and cultural rights positive rights.[ citation needed ] Social rights are "rights to the meeting of basic needs that are essential for human welfare." [26] Examples of social rights include the right to healthcare and the right to decent working conditions. [26]

See also

Related Research Articles

International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.

<span class="mw-page-title-main">International Covenant on Civil and Political Rights</span> Treaty adopted by United Nations General Assembly in 1965

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2022, the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.

Artistic freedom can be defined as "the freedom to imagine, create and distribute diverse cultural expressions free of governmental censorship, political interference or the pressures of non-state actors." Generally, artistic freedom describes the extent of independence artists obtain to create art freely. Moreover, artistic freedom concerns "the rights of citizens to access artistic expressions and take part in cultural life—and thus [represents] one of the key issues for democracy." The extent of freedom indispensable to create art freely differs regarding the existence or nonexistence of national instruments established to protect, to promote, to control or to censor artists and their creative expressions. This is why universal, regional and national legal provisions have been installed to guarantee the right to freedom of expression in general and of artistic expression in particular. In 2013, Ms Farida Shaheed, United Nations special rapporteur to the Human Rights Council, presented her "Report in the field of cultural rights: The right to freedom of expression and creativity" providing a comprehensive study of the status quo of, and specifically the limitations and challenges to, artistic freedom worldwide. In this study, artistic freedom "was put forward as a basic human right that went beyond the 'right to create' or the 'right to participate in cultural life'." It stresses the range of fundamental freedoms indispensable for artistic expression and creativity, e.g. the freedoms of movement and association. "The State of Artistic Freedom" is an integral report published by arts censorship monitor Freemuse on an annual basis.

<span class="mw-page-title-main">International Covenant on Economic, Social and Cultural Rights</span> Covenant adopted in 1966 by United Nations General Assembly resolution

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories. The rights include labour rights, the right to health, the right to education, and the right to an adequate standard of living. As of July 2020, the Covenant has 171 parties. A further four countries, including the United States, have signed but not ratified the Covenant.

<span class="mw-page-title-main">Human right to water and sanitation</span> Human right recognized by the United Nations General Assembly in 2010

The human right to water and sanitation (HRWS) is a principle stating that clean drinking water and sanitation are a universal human right because of their high importance in sustaining every person's life. It was recognized as a human right by the United Nations General Assembly on 28 July 2010. The HRWS has been recognized in international law through human rights treaties, declarations and other standards. Some commentators have based an argument for the existence of a universal human right to water on grounds independent of the 2010 General Assembly resolution, such as Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); among those commentators, those who accept the existence of international ius cogens and consider it to include the Covenant's provisions hold that such a right is a universally binding principle of international law. Other treaties that explicitly recognize the HRWS include the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the 1989 Convention on the Rights of the Child (CRC).

<span class="mw-page-title-main">Right to health</span> Human right towards individual health

The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. There is debate on the interpretation and application of the right to health due to considerations such as how health is defined, what minimum entitlements are encompassed in a right to health, and which institutions are responsible for ensuring a right to health.

<span class="mw-page-title-main">Right to education</span> Human right

The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, primary education for all, an obligation to develop secondary education accessible to all with the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education. In 2021, 171 states were parties to the Covenant.

<span class="mw-page-title-main">Right to food</span> Human right

The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity, and malnutrition. The right to food implies that governments only have an obligation to hand out enough free food to starving recipients to ensure subsistence, it does not imply a universal right to be fed. Also, if people are deprived of access to food for reasons beyond their control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly.

<span class="mw-page-title-main">Convention on the Rights of Persons with Disabilities</span> Treaty of the United Nations

The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.

<span class="mw-page-title-main">Optional Protocol to the International Covenant on Economic, Social and Cultural Rights</span> Complaints mechanism in international law

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, and opened for signature on 24 September 2009. As of October 2018, the Protocol has 46 signatories and 26 state parties. It entered into force on 5 May 2013.

<span class="mw-page-title-main">Right to housing</span> Economic, social and cultural right

The right to housing is the economic, social and cultural rightto adequate housing and shelter. It is recognized in some national constitutions and in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights. The right to housing is regarded as a freestanding right in the International human rights law which was clearly in the 1991 General Comment on Adequate Housing by the UN Committee on Economic, Social and Cultural Rights. The aspect of the right to housing under ICESCR include: availability of services, infrastructure, material and facilities; legal security of tenure; habitability; accessibility; affordability; location and cultural adequacy.

The right to science and culture is one of the economic, social and cultural rights claimed in the Universal Declaration of Human Rights and related documents of international human rights law. It recognizes that everyone has a right to freely participate in culture, to freely share in science and technology, and to protection of authorship.

<span class="mw-page-title-main">Human rights in New Zealand</span> Overview of the observance of human rights in New Zealand

Human rights in New Zealand are addressed in the various documents which make up the constitution of the country. Specifically, the two main laws which protect human rights are the New Zealand Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. In addition, New Zealand has also ratified numerous international United Nations treaties. The 2009 Human Rights Report by the United States Department of State noted that the government generally respected the rights of individuals, but voiced concerns regarding the social status of the indigenous population.

The right to social security is recognized as a human right and establishes the right to social security assistance for those unable to work due to sickness, disability, maternity, employment injury, unemployment or old age. Social security systems provided for by states consist of social insurance programs, which provide earned benefits for workers and their families by employment contributions, and/or social assistance programs which provide non-contributory benefits designed to provide minimum levels of social security to persons unable to access social insurance.

The right to adequate clothing, or the right to clothing, is recognized as a human right in various international human rights instruments; this, together with the right to food and the right to housing, are parts of the right to an adequate standard of living as recognized under Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The right to clothing is similarly recognized under Article 25 of the Universal Declaration of Human Rights (UDHR).

The Voluntary Guidelines to support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, also known as the Right to Food Guidelines, is a document adopted by the Food and Agriculture Organization of the United Nations in 2004, with the aim of guiding states to implement the right to food. It is not legally binding, but directed to states' obligations to the right to food under international law. In specific, it is directed towards States Parties to the International Covenant on Economic, Social and Cultural Rights (ICESCR) and to States that still have to ratify it.

The 1997 Maastricht Guidelines on Violations of Economic, Social and Cultural Rights build on the 1987 Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. The guidelines were adopted by a group of over thirty experts who convened from 22–26 January 1997 in Maastricht on the occasion of the Limburg Principles' 10th anniversary. Three years later, the Maastricht Guidelines along with the Limburg Principles were reissued as UN document E/C.12/2000/13 by the Committee on Economic, Social and Cultural Rights (CESCR).

<span class="mw-page-title-main">Human rights and development</span>

Development is a human right that belongs to everyone, individually and collectively. Everyone is “entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized,” states the groundbreaking UN Declaration on the Right to Development, proclaimed in 1986.

As prescribed in the Constitution of Tokelau, individual human rights are those found in the Universal Declaration of Human Rights and reflected in the International Covenant on Civil and Political Rights. When exercising these rights, there must be proper recognition of the rights of others and to the community as a whole. If an individual believes their rights have been breached they may go to the Council for the Ongoing Government who may make any appropriate order to protect that individual’s rights. There have been no such complaints to date.

Human rights in Norway protect the fundamental rights of all persons within the Kingdom of Norway. These rights are safeguarded by Chapter E of the Constitution of Norway or Kongeriket Norges Grunnlov, as well as the ratification of various international treaties facilitated by the United Nations. The country maintains a dedicated commitment to human rights and was the second country to ratify the European Convention on Human Rights.

References

  1. "Universal Declaration of Human Rights". www.un.org. 2015-10-06. Retrieved 2020-09-26.
  2. "Women's Economic Rights". Our World in Data. Retrieved 5 March 2020.
  3. 1 2 3 4 Leckie, Scott; Gallanger, Anne (2006). Economic, social and cultural rights: a legal resource guide. University of Pennsylvania Press. pp. xiv. ISBN   978-0-8122-3916-4.
  4. 1 2 3 Leckie, Scott; Gallanger, Anne (2006). Economic, social and cultural rights: a legal resource guide. University of Pennsylvania Press. pp. xv. ISBN   978-0-8122-3916-4.
  5. "Recommendation on Science and Scientific Researchers". portal.unesco.org. Retrieved 2019-06-25.
  6. Leckie, Scott; Gallanger, Anne (2006). Economic, social and cultural rights: a legal resource guide. University of Pennsylvania Press. pp. xv–xvi. ISBN   978-0-8122-3916-4.
  7. 1 2 Leckie, Scott; Gallanger, Anne (2006). Economic, social and cultural rights: a legal resource guide. University of Pennsylvania Press. pp. xvi. ISBN   978-0-8122-3916-4.
  8. Young, Katharine G., ed. (2019). The Future of Economic and Social Rights (Globalization and Human Rights). Cambridge University Press. ISBN   978-1108418133.
  9. Langford, Malcolm, ed. (2009). Social Rights Jurisprudence, Emerging Trends in International and Comparative Law. Cambridge University Press. ISBN   9780511815485.
  10. 1 2 Hirschl, Ran and Evan Rosevear, 'Constitutional Law Meets Comparative Politics: Socio-economic Rights and Political Realities' in Tom Campbell, K. D. Ewing, and Adam Tomkins (eds.), 2011, The Legal Protection of Human Rights: Sceptical Essays. Oxford: Oxford University Press, pp. 207–28, pp. 213, 223.
  11. Whyte, 2014, 'The Efficacy of Public Interest Litigation in Ireland' in Maluwa, Tiyanjana (ed.), Law, Politics and Human Rights: Essays in Memory of Kader Asmal. Leiden: Brill, pp. 252–86.
  12. Murray, Thomas (2016). Contesting Economic and Social Rights in Ireland: Constitution, State and Society, 1848–2016. Cambridge Studies in Law and Society. Cambridge: Cambridge University Press. doi:10.1017/cbo9781316652862. ISBN   978-1-107-15535-0.
  13. Vienna Declaration and Programme of Action, Part II paragraph 75
  14. Leckie, Scott; Gallanger, Anne (2006). Economic, social and cultural rights: a legal resource guide. University of Pennsylvania Press. pp. xvi–xvii. ISBN   978-0-8122-3916-4.
  15. "Convention on the Rights of the Child text". www.unicef.org. Retrieved 2022-02-28.
  16. Leckie, Scott; Gallanger, Anne (2006). Economic, social and cultural rights: a legal resource guide. University of Pennsylvania Press. pp. xiii. ISBN   978-0-8122-3916-4.
  17. "Records of the 39th UNESCO General Conference, Resolutions, at 39 C/resolution 85". UNESCO. UNESCO. Retrieved 6 June 2019.
  18. 1 2 3 4 5 6 7 Right to education handbook. UNESCO. 2019. ISBN   978-92-3-100305-9. CC BY-SA icon.svg Material was copied from this source, which is available under a Attribution-ShareAlike 3.0 IGO (CC BY-SA 3.0 IGO) license.
  19. "UNESCO Convention against Discrimination in Education". Equal Rights Trust. 2009-03-27. Retrieved 2022-03-01.
  20. Refugees, United Nations High Commissioner for. "Refworld | International Covenant on Economic, Social and Cultural Rights". Refworld. Retrieved 2022-03-01.
  21. "United Nations Treaty Collection". treaties.un.org. Retrieved 2022-03-01.
  22. "OHCHR | Convention on the Rights of the Child". www.ohchr.org. Retrieved 2022-03-01.
  23. “Campaign for the Ratification and Implementation of the Optional Protocol to the ICESCR-Justice NOW! Ratify to protect all Human Rights.” ESCR-Net Newsletter December (2009)
  24. K. Hassine, Regularizing Property Rights in Kosovo and Elsewhere, 2010, ISBN   978-3-86553-340-1
  25. Karel Vasak, "Human Rights: A Thirty-Year Struggle: the Sustained Efforts to give Force of law to the Universal Declaration of Human Rights", UNESCO Courier 30:11, Paris: United Nations Educational, Scientific, and Cultural Organization, November 1977.
  26. 1 2 Mantouvalou, Virginia (2010-04-12). "The Case for Social Rights". Rochester, NY. SSRN   1588220.{{cite journal}}: Cite journal requires |journal= (help)

Sources