International Covenant on Economic, Social and Cultural Rights

International Covenant on Economic, Social and Cultural Rights
Title	International Covenant on Economic, Social and Cultural Rights
Date	December 16, 1966
Location	United Nations General Assembly, New York City
Effective	January 3, 1976
Condition	35 ratifications
Signatories	71
Parties	171
Depositary	United Nations Secretary-General

International Covenant on Economic, Social and Cultural Rights is a United Nations treaty that commits its parties to work toward the granting of economic, social and cultural rights to individuals, including labour rights, right to health, right to education, and right to an adequate standard of living. The covenant was adopted by the United Nations General Assembly on December 16, 1966, and came into force on January 3, 1976, after being ratified by 35 states, including Canada, France, Germany, India, Japan, and the United Kingdom. The covenant is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, and is monitored by the United Nations Economic and Social Council and the United Nations Human Rights Council.

Introduction

The International Covenant on Economic, Social and Cultural Rights is a key human rights instrument that recognizes the importance of economic, social and cultural rights in achieving human dignity and well-being, as emphasized by Nelson Mandela, Malala Yousafzai, and Amartya Sen. The covenant is based on the principles of universalism, indivisibility, and interdependence of all human rights, as stated in the Vienna Declaration and Programme of Action, adopted at the World Conference on Human Rights in Vienna in 1993, and is closely related to other human rights instruments, such as the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention on the Elimination of All Forms of Racial Discrimination. The covenant has been ratified by 171 states, including Australia, Brazil, China, Russia, and the United States, and is implemented through the United Nations Development Programme, the World Health Organization, and the United Nations Educational, Scientific and Cultural Organization.

History

The International Covenant on Economic, Social and Cultural Rights was drafted by the United Nations Commission on Human Rights, established by the United Nations Economic and Social Council in 1946, with the participation of René Cassin, Eleanor Roosevelt, and Charles Malik. The covenant was influenced by the Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948, and the European Social Charter, adopted by the Council of Europe in 1961, and was negotiated in parallel with the International Covenant on Civil and Political Rights, which was also adopted by the United Nations General Assembly in 1966. The covenant was opened for signature on December 16, 1966, and was ratified by 35 states, including Argentina, Belgium, Chile, Greece, and Italy, by January 3, 1976, when it came into force, and has since been ratified by many other states, including South Africa, Turkey, and Ukraine.

Provisions

The International Covenant on Economic, Social and Cultural Rights recognizes a range of economic, social and cultural rights, including the right to work, the right to social security, the right to an adequate standard of living, the right to health, and the right to education, as emphasized by Kofi Annan, Mary Robinson, and Joseph Stiglitz. The covenant also recognizes the importance of labour rights, including the right to form and join trade unions, the right to collective bargaining, and the right to strike, as stated in the International Labour Organization's Constitution and Conventions, and the right to social security, including social insurance and social assistance, as recognized by the International Social Security Association. The covenant also recognizes the importance of cultural rights, including the right to participate in cultural life, the right to enjoy the benefits of scientific progress, and the right to intellectual property, as stated in the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions.

Implementation

The International Covenant on Economic, Social and Cultural Rights is implemented through a range of mechanisms, including the United Nations Economic and Social Council, the United Nations Human Rights Council, and the Committee on Economic, Social and Cultural Rights, established in 1985, which is composed of 18 independent experts, including Philip Alston, Asma Jahangir, and Virginia Dandan. The committee receives reports from states party to the covenant and provides guidance on the implementation of the covenant's provisions, as well as general comments on the interpretation of the covenant's provisions, and has also established a complaints procedure to allow individuals to submit complaints of violations of the covenant's provisions, as recognized by the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The covenant is also implemented through the work of United Nations specialized agencies, such as the World Health Organization, the United Nations Educational, Scientific and Cultural Organization, and the International Labour Organization, and non-governmental organizations, such as Amnesty International, Human Rights Watch, and the International Commission of Jurists.

Signatories_and_Ratifications

The International Covenant on Economic, Social and Cultural Rights has been signed by 71 states and ratified by 171 states, including Albania, Andorra, Angola, Antigua and Barbuda, and Armenia, as well as Austria, Azerbaijan, Bahamas, Bahrain, and Bangladesh. The covenant has also been ratified by many other states, including Barbados, Belarus, Belize, Benin, and Bhutan, and has been signed but not yet ratified by a few states, including Comoros, Djibouti, and Equatorial Guinea. The covenant is open to signature and ratification by all states, and its ratification is considered an important step towards the realization of economic, social and cultural rights.

Impact_and_Criticisms

The International Covenant on Economic, Social and Cultural Rights has had a significant impact on the development of human rights law and practice, as recognized by Jimmy Carter, Desmond Tutu, and Shirin Ebadi. The covenant has been used as a basis for advocacy and litigation by non-governmental organizations and individuals, and has influenced the development of national and international law and policy on economic, social and cultural rights, including the European Union's Charter of Fundamental Rights and the African Charter on Human and Peoples' Rights. However, the covenant has also been subject to criticism and challenge, including concerns about its enforceability and the lack of a complaints procedure until the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in 2008, as well as concerns about the resource constraints and capacity limitations of states party to the covenant, as recognized by the United Nations Development Programme and the World Bank. Despite these challenges, the covenant remains an important instrument for the promotion and protection of economic, social and cultural rights, as emphasized by Ban Ki-moon, Michelle Bachelet, and Zeid Ra'ad Al Hussein.

Category:Human rights