Indirect protection of economic, social and cultural rights in international law
Scheinin, Martin LU
(2016)
p.72-87
- Abstract
Introduction The Universal Declaration of Human Rights includes all categories of human rights in one and the same instrument. The same approach has been followed in many subsequent human rights treaties, including, for example, the Convention on the Rights of the Child (CRC) and the African Charter on Human and Peoples’ Rights (African Charter). However, the two Covenants of 1966 – the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) – do make a distinction between, on the one hand, economic, social and cultural rights and, on the other hand, civil and political rights, by protecting them in separate treaties that provide separate, and even... (More)
Introduction The Universal Declaration of Human Rights includes all categories of human rights in one and the same instrument. The same approach has been followed in many subsequent human rights treaties, including, for example, the Convention on the Rights of the Child (CRC) and the African Charter on Human and Peoples’ Rights (African Charter). However, the two Covenants of 1966 – the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) – do make a distinction between, on the one hand, economic, social and cultural rights and, on the other hand, civil and political rights, by protecting them in separate treaties that provide separate, and even quite different, monitoring mechanisms. Some authors speak about different ‘generations’ of human rights and even elevate the distinction to a doctrinal level by speaking of the different ‘nature’ of civil and political rights versus economic, social and cultural rights. One main difference between the two categories, it has been suggested, is that only civil and political rights are ‘justiciable’, i.e., capable of being addressed and enforced by a national or international court, while economic, social and cultural rights should be subjected to other, softer, forms of implementation, without the involvement of the courts. Such extreme views of denying the justiciability of economic, social and cultural rights by referring to their different ‘nature’ have been proved wrong. The belated adoption, ratification and entry into force of the Optional Protocol to the ICESCR, to establish an international complaint mechanism for economic, social and cultural rights at the United Nations (UN) level, is on its own convincing evidence that economic, social and cultural rights are, or can also be made, justiciable. The purpose of this chapter is to offer an alternative argument to dismiss the strict separation between civil and political rights and economic, social and cultural rights, namely to demonstrate how rights falling into these two categories in fact are often interrelated or integrated, so that in many cases, economic, social and cultural rights are capable of receiving indirect protection through legal provisions and mechanisms created for civil and political rights.
(Less)
- author
- Scheinin, Martin
LU
- publishing date
- 2016-01-01
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- Public international law, Folkrätt
- host publication
- The Protection of Economic, Social and Cultural Rights in Africa : International, Regional and National Perspectives - International, Regional and National Perspectives
- pages
- 16 pages
- publisher
- Cambridge University Press
- external identifiers
-
- scopus:85047985405
- ISBN
- 9781107173651
- 9781316780251
- DOI
- 10.1017/CBO9781316780251.005
- language
- English
- LU publication?
- no
- additional info
- Publisher Copyright: © Cambridge University Press 2016.
- id
- 5737e4fb-20c8-485f-b22d-463150f1ae76
- date added to LUP
- 2025-05-20 13:24:02
- date last changed
- 2025-05-24 03:34:27
@inbook{5737e4fb-20c8-485f-b22d-463150f1ae76,
abstract = {{<p>Introduction The Universal Declaration of Human Rights includes all categories of human rights in one and the same instrument. The same approach has been followed in many subsequent human rights treaties, including, for example, the Convention on the Rights of the Child (CRC) and the African Charter on Human and Peoples’ Rights (African Charter). However, the two Covenants of 1966 – the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) – do make a distinction between, on the one hand, economic, social and cultural rights and, on the other hand, civil and political rights, by protecting them in separate treaties that provide separate, and even quite different, monitoring mechanisms. Some authors speak about different ‘generations’ of human rights and even elevate the distinction to a doctrinal level by speaking of the different ‘nature’ of civil and political rights versus economic, social and cultural rights. One main difference between the two categories, it has been suggested, is that only civil and political rights are ‘justiciable’, i.e., capable of being addressed and enforced by a national or international court, while economic, social and cultural rights should be subjected to other, softer, forms of implementation, without the involvement of the courts. Such extreme views of denying the justiciability of economic, social and cultural rights by referring to their different ‘nature’ have been proved wrong. The belated adoption, ratification and entry into force of the Optional Protocol to the ICESCR, to establish an international complaint mechanism for economic, social and cultural rights at the United Nations (UN) level, is on its own convincing evidence that economic, social and cultural rights are, or can also be made, justiciable. The purpose of this chapter is to offer an alternative argument to dismiss the strict separation between civil and political rights and economic, social and cultural rights, namely to demonstrate how rights falling into these two categories in fact are often interrelated or integrated, so that in many cases, economic, social and cultural rights are capable of receiving indirect protection through legal provisions and mechanisms created for civil and political rights.</p>}},
author = {{Scheinin, Martin}},
booktitle = {{The Protection of Economic, Social and Cultural Rights in Africa : International, Regional and National Perspectives}},
isbn = {{9781107173651}},
keywords = {{Public international law; Folkrätt}},
language = {{eng}},
month = {{01}},
pages = {{72--87}},
publisher = {{Cambridge University Press}},
title = {{Indirect protection of economic, social and cultural rights in international law}},
url = {{http://dx.doi.org/10.1017/CBO9781316780251.005}},
doi = {{10.1017/CBO9781316780251.005}},
year = {{2016}},
}