Episode 2: What are economic and social rights obligations?

Summary

This video script explores the obligations of states under the International Covenant on Economic, Social, and Cultural Rights. It explains that 166 states are bound by these rights, with duties extending to all levels of government. The Covenant emphasizes progressive realization of rights using maximum available resources and international cooperation. Key principles include non-discrimination and immediate obligations like prohibiting backward steps. The script also introduces the 'respect, protect, and fulfill' framework, outlining state responsibilities in ensuring economic and social rights.

Takeaways

• 📜 The International Covenant on Economic, Social, and Cultural Rights is the principal legal instrument outlining economic and social rights obligations.
• 🌐 166 states globally have agreed to be bound by the Covenant, thereby accepting binding economic and social rights obligations under international human rights law.
• 🏛️ The term 'state' refers to the nation-state that has chosen to be bound by the international treaty, including all levels of government and public officials.
• 📚 In some states, ratifying the Covenant automatically incorporates these rights into the domestic legal framework, allowing them to be relied upon in court.
• 🔍 Article 2.1 of the Covenant emphasizes the state's duty to progressively realize economic and social rights and to use the maximum of available resources to do so.
• 🌐 Progressive realization is a means to achieve the ultimate goal of full realization of economic and social rights, as stated in Article 2.1.
• 🤝 International assistance and cooperation are key means for states to fulfill their economic and social rights obligations, extending beyond territorial borders.
• 🚫 Article 2 of the Covenant sets out the obligation of states to ensure rights without discrimination on various grounds, including sex, race, color, and religion.
• 📉 The Committee on Economic, Social and Cultural Rights has identified additional obligations beyond the text of the Covenant, such as the minimum core obligation and the respect, protect, and fulfill framework.
• ⏳ While realization of economic and social rights is progressive, there are immediate obligations, like the prohibitions on discrimination and on backward steps.

Q & A

What are economic and social rights obligations?

Economic and social rights obligations refer to the duties of states to ensure the fulfillment of rights related to economic, social, and cultural well-being as outlined in the International Covenant on Economic, Social, and Cultural Rights.

Where can the obligations of economic and social rights be primarily found?

The primary source of economic and social rights obligations is the International Covenant on Economic, Social, and Cultural Rights, which has been agreed upon by 166 states globally.

What does the term 'state party' refer to in the context of the Covenant?

In the context of the Covenant, 'state party' refers to a nation state that has chosen to be bound by the international treaty, thereby accepting the obligations imposed by it.

How do economic and social rights obligations extend within a state?

The obligations of the state extend to all levels of government, including public officials, parliamentarians, and the courts, and apply to any exercise of governmental or public authority.

How can the rights from the Covenant be incorporated into domestic legal frameworks?

In some states, ratifying the Covenant automatically incorporates these rights into the domestic legal framework, allowing them to be relied upon in court. In others, like the UK and Ireland, international human rights law must be incorporated through legislation before it can be used in court.

What does Article 2.1 of the Covenant require states to do?

Article 2.1 requires each state party to the Covenant to take steps, individually and through international assistance and cooperation, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the Covenant.

What is the ultimate goal for states regarding the realization of economic and social rights?

The ultimate goal for states is the full realization of economic and social rights, with progressive realization serving as the means to achieve this end.

What does the obligation to ensure 'confident rights without discrimination' mean?

This obligation, set out in Article 2 of the Covenant, means that states must ensure rights without discrimination based on a wide range of grounds, including sex, race, color, religion, and other factors, as interpreted by the United Nations Committee on Economic, Social and Cultural Rights.

What is the 'minimum core obligation' in the context of economic and social rights?

The minimum core obligation implies that all states have a duty to ensure the satisfaction of minimum essential levels of each economic and social right, such as the right to food or housing.

What is the 'respect, protect, and fulfill' framework developed by the Committee on Economic, Social and Cultural Rights?

The 'respect, protect, and fulfill' framework categorizes the obligations of states to: respect by not interfering with the enjoyment of rights; protect by preventing interference by non-state actors; and fulfill by adopting measures towards the full realization of rights.

What are the immediate obligations of states under the Covenant?

Immediate obligations include the prohibitions on discrimination and on taking backward steps in the realization of economic and social rights.

Can a state justify its failure to prevent state agents from interfering with rights by arguing resource constraints?

No, the obligation of states to respect economic and social rights is not subject to available resources, meaning a state cannot use resource constraints as an excuse for failing to prevent state agents from interfering with rights.