The text takes a look at the International Covenant on Economic, Social and Cultural Rights (ICESCR) which came into effect in 1976. Furthermore, it analyses the responsibilities that rest on the shoulders of the State-signatories to see to it through the adoption of effective legislative and administrative measures, that the spirit and intention of the covenant are achieved to the latter. Various articles of the Covenant are considered in this quest with particular focus on how they have been or should be applied in fulfillment of the spirit of the covenant. The covenant was also juxtaposed with other statutes which have bearing to issues of international human rights and international law, to see how they relate or partner to protect the subjects of the covenant.
The guarantee of Economic, Social and Cultural Rights by the state-signatories is very important to the achievement of the tenets human rights, and many scholars agree with this position. It is thus important that the activities of the states are assessed in order to shed light on various measures which can be adopted in order to make the covenant as dependable as possible and practicable, especially as the states try as well, to preserve their sovereignty, while doing their best to honour the articles of the ICESCR.
Inhaltsverzeichnis (Table of Contents)
- STATE PARTIES AND THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
- Introduction
- The Covenant on Economic, Social and Cultural Rights (ICESCR)
- Understanding ESCR
- State-parties' Obligations to Guarantee ESCR
- The General Comment 9 of the Committee on ESCR
- Analyzing Article 2 of the ICESCR
- The UN Committee on Economic, Social and Cultural Rights (CESCR)
- States' Responsibilities in the Context of the Covid-19 Pandemic
- Stimulus Packages and the Role of the G-20 Countries
- The African Continent and its Pursuit of ESCR
- Treaties Promoting ESCR in Africa
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This work examines the responsibilities of state parties to the International Covenant on Economic, Social and Cultural Rights (ICESCR), focusing on their efforts to ensure the social and economic rights of their citizens and non-nationals without discrimination. The analysis considers the unique challenges faced by developing countries and the role of international organizations in supporting ESCR implementation.
- State parties' obligations under the ICESCR
- The concept and scope of Economic, Social and Cultural Rights (ESCR)
- Implementation of ESCR in various contexts, particularly during crises like pandemics
- The role of international organizations in promoting and supporting ESCR
- The intersection of ESCR with issues of discrimination, gender equality, and the rights of marginalized groups
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter provides a brief overview of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and its significance in addressing socio-economic rights.
- The Covenant on Economic, Social and Cultural Rights (ICESCR): This chapter examines the core provisions of the ICESCR, including its objectives, the responsibilities of state parties, and the key principles underlying the covenant.
- Understanding ESCR: This chapter explores the definition and scope of Economic, Social and Cultural Rights (ESCR), highlighting their importance and the various aspects they encompass.
- State-parties' Obligations to Guarantee ESCR: This chapter delves into the obligations of state parties to ensure the enjoyment of ESCR, analyzing the legal framework and the challenges involved in implementation.
- The General Comment 9 of the Committee on ESCR: This chapter focuses on the General Comment 9 of the Committee on ESCR, emphasizing the importance of legal guarantees and the role of domestic legislative instruments in ensuring accountability and redress for ESCR violations.
- Analyzing Article 2 of the ICESCR: This chapter examines the key provisions of Article 2 of the ICESCR, highlighting the three crucial clauses that outline the obligations of state parties, including the principles of non-discrimination and progressive realization.
- The UN Committee on Economic, Social and Cultural Rights (CESCR): This chapter explores the role of the UN Committee on Economic, Social and Cultural Rights (CESCR) in monitoring the implementation of the ICESCR and providing guidance on state parties' obligations.
- States' Responsibilities in the Context of the Covid-19 Pandemic: This chapter examines the impact of the Covid-19 pandemic on ESCR and the responsibilities of state parties to protect and fulfill these rights during crises.
- Stimulus Packages and the Role of the G-20 Countries: This chapter discusses the use of stimulus packages by various countries, particularly those of the G-20, as a means to mitigate the economic impact of the pandemic and support the enjoyment of ESCR.
- The African Continent and its Pursuit of ESCR: This chapter highlights the commitment of African nations to promoting and safeguarding ESCR, focusing on the role of the African Charter on Human and Peoples' Rights and the activities of the Centre for Economic Social Cultural Rights in Africa (CESCRA).
- Treaties Promoting ESCR in Africa: This chapter examines key treaties within the African Union framework that promote ESCR in Africa, including the African Charter on the Rights and Welfare of the Child.
Schlüsselwörter (Keywords)
The main focus of this work is on Economic, Social and Cultural Rights (ESCR) and the responsibilities of state parties to the International Covenant on Economic, Social and Cultural Rights (ICESCR). Key concepts include the progressive realization of ESCR, the obligation to take steps, non-discrimination, and the role of international organizations in promoting and monitoring ESCR implementation. Other key themes include the impact of the Covid-19 pandemic on ESCR and the use of stimulus packages to mitigate economic hardships.
- Quote paper
- Mr Ogochukwu C Nweke (Author), 2020, State Parties and the International Covenant on Economic, Social and Cultural Rights, Munich, GRIN Verlag, https://www.grin.com/document/1170076