Verdirame - Chapter 05 | eBooks | Non-Fiction

Verdirame - Chapter 05

Verdirame - Chapter 05 VerdirameRights_05 Instant Download Price
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Buy and Download Description Economic and social rights are often assumed to be 'new' rights compared with civil and political rights. Whereas this might be true as far as national constitutions are concerned, it is not true for international law (Grant 1998: 76). Historically, freedom from slavery and labour-related rights were the first human rights to be recognised under international law.1 The 1948 Universal Declaration of Human Rights (UDHR) already contained provisions on economic, social, and cultural rights (arts. 22-29). The International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted in 1966, is the fundamental international instrument in this area. An importance difference between the International Covenant on Civil and Political Rights (ICCPR) and the ICESCR is in the nature and scope of state obligations (Alston and Quinn 1987). Article 2(1) of ICESCR 1 obliges a state party 'to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realisation of the rights recognised in the present Covenant by all appropriate means, including particularly the adoption of legislative measures'.2 This provision has been contrasted with its counterpart in the ICCPR, which uses more compelling language, imposing on state parties an obligation 'to respect and to ensure' the rights under the Covenant. As a result, endless and rather otiose debates on the legal character of socio-economic and cultural rights have for a long time dominated their analyses. Economic and social rights are often assumed to be 'new' rights compared with civil and political rights. Whereas this might be true as far as national constitutions are concerned, it is not true for international law (Grant 1998: 76). Historicall
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