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Ssenyonjo, Manisuli --- "Economic, Social and Cultural Rights: An Examination of State Obligations" [2010] ELECD 191; in Joseph, Sarah; McBeth, Adam (eds), "Research Handbook on International Human Rights Law" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on International Human Rights Law

Editor(s): Joseph, Sarah; McBeth, Adam

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203687

Section: Chapter 2

Section Title: Economic, Social and Cultural Rights: An Examination of State Obligations

Author(s): Ssenyonjo, Manisuli

Number of pages: 35

Extract:

2. Economic, social and cultural rights: an
examination of state obligations
Manisuli Ssenyonjo



1 Introduction
Economic, Social and Cultural Rights (`ESC rights') are protected in several
international human rights treaties, the most comprehensive of which is the
International Covenant on Economic, Social and Cultural Rights (`ICESCR'
or the `Covenant').1 On 10 December 2008 the United Nations (`UN') General
Assembly adopted the Optional Protocol to the ICESCR,2 which provides the
Committee on Economic, Social and Cultural Rights (`CESCR'), an expert
body which monitors the implementation of ESC rights under the ICESCR,
with three new roles: (i) to receive and consider individual and group commu-
nications claiming `a violation of any of the economic, social and cultural
rights set forth in the Covenant'; (ii) to receive and consider inter-State
communications to the effect that a State party claims that another State party
is `not fulfilling its obligations under the Covenant'; and (iii) to conduct an
inquiry in cases where the Committee receives reliable information indicating
`grave or systematic violations' by a State party of any ESC rights set forth in
the ICESCR.3
The Optional Protocol will come into force after ratification by the required
number of ten States in accordance with Article 18 of the Optional Protocol.
This will usher in a new era of accountability for violations of ESC rights in
international law and dispel claims that ESC rights under the ICESCR were
not intended to be justiciable.4 This means that, more than ever before, it ...