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This article identifies novel insights from a detailed analysis of the travaux préparatoires of the right to science provisions in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). It makes five main contributions. First, it demonstrates the bidirectional influence between the UDHR and the earlier American Declaration of the Rights and Duties of Man in the formulation of the right to science, as opposed to unidirectional borrowing. Second, it traces the origins of Article 15 ICESCR to the UNESCO Constitution and argues that Article 15, specifically subclauses 2–4, were intended as implementation measures, though Article 15(3) was elevated into a separate and additional obligation due to its perceived importance for scientific and creative progress. Third, it clarifies an apparent conflict between drafting history and subsequent instruments concerning scientific purpose by distinguishing the development and use of science. Fourth, it suggests facilitating the search for truth as an unarticulated object and purpose of these provisions. Finally, it shows that many drafters acknowledged a broad scope of 'science' beyond the natural sciences. Overall, this article elucidates overlooked aspects of the travaux to inform contemporary debates on this important yet obscure right. [ABSTRACT FROM AUTHOR]

Through examining the practice of the United Nation's Committee on Economic, Social, and Cultural Rights, this article reasserts the 'forgotten' right to adequate clothing as a distinct right deriving from Article 11 (1) of the International Covenant on Economic, Social, and Cultural Rights (ICESCR). In doing so, this article traces and explains how the right to adequate clothing has ceased to feature in reporting and monitoring under the ICESCR. The right to adequate clothing must be reasserted for three reasons. Firstly, an accurate interpretation of the ICESCR requires its recognition as a distinct right. Secondly, it is the only human right that can effectively respond to the specific harms stemming from inadequate clothing. Thirdly, clothing is a prerequisite for the enjoyment of human rights generally. Consequently, the right must be reintegrated into the ICESCR's reporting guidelines to allow effective monitoring and to engender the institutional development of this right. [ABSTRACT FROM AUTHOR]

Human rights violations in the context of migration deals have received considerable attention, especially when it comes to more frequently explored human rights such as the principle of non-refoulement , the right to life, and the prohibition on torture. However, such deals also have a negative impact on the socio-economic rights of people on the move, who often live in dire conditions and lack access to education, health care, and work. This article therefore seeks to answer the following question: to what extent do European Union Member States have obligations under the International Covenant on Economic, Social and Cultural Rights towards people on the move contained in third countries as a result of migration deals? The analysis shows that EU Member States may have two types of obligations and examines their nature and scope. First, EU Member States have direct obligations when exercising extraterritorial jurisdiction. This is the case when they can take reasonable measures to avoid reasonably foreseeable human rights violations that result from migration deals. Secondly, they may also have global obligations within the framework of international assistance and cooperation. While the nature and scope of these obligations remain unclear, this article explores whether EU Member States have an obligation to provide international assistance and cooperation to third countries that host people on the move as a result of migration deals. It also examines whether EU Member States can comply with their obligations of international assistance and cooperation by cooperating with third countries on migration control. The article uses the examples of European migration deals with Turkey and Libya to illustrate the analysis. [ABSTRACT FROM AUTHOR]

Millions of children live on the street or in inadequate housing. The failure of authorities to address these problems violates the right to adequate housing, as laid down in, inter alia , Art. 11(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Yet, deplorable living conditions make children even more vulnerable than adults, given the negative impact on their development. This calls for a child-specific right to adequate housing tailored to the needs of children. Although one might expect to find such a child-specific right in the Convention on the Rights of the Child (CRC), little is known about the CRC and housing. This paper is the first to unravel to what extent the CRC stipulates a child-specific right to adequate housing and, if so, whether it offers children other entitlements than the general right to adequate housing laid down in Art. 11(1) ICESCR. [ABSTRACT FROM AUTHOR]

We locate the right to education in general international human rights law, addressing how the right to education in its disability-specific context has been considered an expression and continuation of the general right to education as enshrined in international human rights treaties. To do so, we set out to examine the fundamental ingredients of the right to education under the International Covenant on Economic Social and Cultural Rights (ICESCR) and further developments. In addition, we discuss fundamental aspects of the right to education as a social right, focusing on learners with disabilities. First, we examine whether education is a public good and analyze its dimensions within and beyond economic theory. Second, we discuss education as part of the common good in moral and political philosophy. We consider that both the concepts mentioned above -- implicitly or explicitly-- are the critical sources for the foundations of the right to education as a social right. Third, we explore the scope of the right to education as a social human right in the 21st century. Finally, we discuss in what form education is a human right for learners with disabilities (right to education or right to inclusive education) and the implications of these two different conceptualizations. [ABSTRACT FROM AUTHOR]

An essay is presented which explores human rights violations in the Global South which may be linked to the renewable energy transition of Global North countries. It discussed the protection of human rights under the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), the impact of wind farm operations in Mexico on Indigenous peoples, and the injustices associated with climate change mitigation programs.

While the right to health has gained significant momentum in international law over the past two years, there is little clarity on what it means for States to comply with this right in times of COVID-19. Taking Articles 2(1) and 12 of the International Covenant on Economic, Social and Cultural Rights as a starting point, our article follows an approach guided by the rules of treaty interpretation under the Vienna Convention on the Law of Treaties to suggest how right to health obligations to prevent, treat and control infectious diseases should be interpreted in relation to COVID-19, and how these obligations interact with general obligations of immediacy, progressive realisation, minimum core and international assistance and cooperation in this context. This article makes a novel contribution to clarifying the right to health during COVID-19, thus enhancing capacity for the oversight of this right; its incorporation in global health law; and the understanding of its corresponding obligations in future global health emergencies. [ABSTRACT FROM AUTHOR]

This article is driven by concerns over communicative justice and the author's earlier research finding that only a patchy framework of laws and policies guides decisionmaking for Australian governments' multilingual public communications. The article investigates the additional guiding role of international law, specifically the International Covenant on Economic, Social and Cultural Rights and recent commentary by international organisations, alongside an original, empirical case study of Australian governments' COVID-19 communications. In analysing the Australian case study in light of the international guidance, the article concludes that although Australian COVID-19 communications were available in a relatively high number of languages, they were characterised by inefficiencies and limited community input or strategic planning, leaving Australia arguably falling short of progressively realising its right-to-health obligations. [ABSTRACT FROM AUTHOR]

This paper aims to examine the legitimacy of Ryukyuans/Okinawans' right to self-determination (RSD) under international human rights law. To this end, it first details the evolution of the RSD from the traditional right to independence for colonial peoples, to the continuing right to self-governance for wider groups of peoples, which is followed by an analysis of holders of the RSD. The paper then turns to Ryukyu/Okinawa to discuss the RSD of its peoples. Three historical events, the Disposition of Ryukyu, the Treaty of San Francisco, and the reversion of Okinawa to Japan, are analysed from a legal perspective, followed by an examination of the peoplehood of Ryukyuans/Okinawans. These lead to the conclusion that the Ryukyuans/Okinawans may legitimately claim that they possess the "unexercised" RSD as a quasi-non-self-governing people, and that they are entitled to claim the RSD as a "people" under the International Covenant on Civil and Political Rights, International Covenant on Economic, Social, and Cultural Rights, and other United Nations declarations. [ABSTRACT FROM AUTHOR]

This paper presents the need for a human rights policy approach to eliminate climate injustice, especially in clean water. Also, the relationship between climate injustice with the right to health on the issue of clean water has been studied. In addition, a qualitative method based on library research and the decision on water cases has been presented. The main finding is that Indonesian policy regarding climate is still in the framework of programs and notions. Still, it is not yet established as a national policy with human rights approach. The article also shows that although the right to clean water does not explicitly write as a single definition, the core instruments of international human rights law oblige the government to protect, fulfill and promote the water right. In Indonesia, a water right is programmatic and regulated in economic models, but not from a right-based and public interest perspective. The right to health regarding the access, availability, and quality of water in Indonesia is not yet fulfilled under Indonesian human rights' obligation as a member of the International Covenant on Economic, Social, and Cultural Rights. [ABSTRACT FROM AUTHOR]

Since 2013, the Committee on Economic, Social and Cultural Rights can examine individual communications under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR). This opens up the possibility to interpret Covenant provisions in a thorough manner. With regard to forced evictions and the right to housing under Article 11 ICESCR, one can discern a fast-developing approach concerning the proportionality analysis of evictions, entailing the establishment of specific criteria that may guide such analysis. This paper seeks to delineate these developments and will also shed light on possible general trends on the topic of limitations within the Committee's emerging jurisprudence. In doing so, the paper will address if, and how, the developing proportionality analysis under the individual complaints procedure takes into consideration multi-discriminatory dimensions of State measures and how it specifically relates to or incorporates other ICESCR-concepts, such as minimum core obligations or the reasonableness review under Article 8(4) OP ICESCR. [ABSTRACT FROM AUTHOR]

Article 12 of the International Covenant on Economic, Social and Cultural Rights provides for the right to health. Two questions are considered in this article. Does this right entail a more specific right to life-saving emergency treatment? And if so, should the latter right become justiciable in the domestic courts? Two propositions will be made in this article. First, the right to life-saving emergency treatment is a necessary component of the right to health. Second, the conventional arguments against the justiciability of socio-economic rights do not apply to the right to life-saving emergency treatment. Such a right should be justiciable at the domestic level. [ABSTRACT FROM AUTHOR]

The article discusses international human right to health issues, particularly the shift by developed and developing countries from punitive to rehabilitative approaches to address drug addition. It examines the addiction paradigms in the U.S. and Zimbabwe. Also cited are the addicts' right to health under the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the use of both criminal justice and health care remedies to address addiction.

In recent decades, there has been a rapid increase in the involvement of private actors in education. Of particular concern is the rise of for-profit providers of education in developing countries, a phenomenon which often has an adverse effect on the development of public education systems in those States. Against this background, this article asks whether there is a right to public education under international human rights law, such that States are required to ensure that public education is available for all, regardless of the existence of private educational institutions. The recently adopted Abidjan Principles on the Right to Education, which have been endorsed by human rights bodies including the Human Rights Council and the Special Rapporteur on the Right to Education, declare for the first time the existence of such a right to public education. But what is the legal basis for such a right? To answer this question, this article first explores how "public education" is understood within international human rights law, before turning to consider the scope of States' obligations to provide such education. I argue that a doctrinal analysis of the legal provisions which protect the right to education (in particular, Article 13 of the International Covenant on Economic, Social and Cultural Rights, and Articles 28 and 29 of the Convention on the Rights of the Child), read in light of the relevant travaux preparatoires and subsequent interpretation by treaty bodies and in State practice, indicates that States are obligated to provide public education. This conclusion is supported by consideration of the practical context within which the relevant legal principles must take effect. I then consider the scope of this obligation to provide public education. Noting in particular States' obligations of non-discrimination, I find that States are obligated to make public education reasonably available to all within their jurisdiction. On this basis, I conclude that there is a right to public education in international human rights law, and in the final part of the article explore the nature of this right and its implications for State and private involvement in the sphere of education. [ABSTRACT FROM AUTHOR]

The doctrine of non-retrogression used by the United Nations Committee on Economic, Social and Cultural Rights is apt for the current moment of crisis and withdrawal from human rights standards. It addresses instances where the State is responsible for backwards steps in human rights protection. However, the doctrine has rarely been used by the Committee as it is paralysed within conceptual confusion and practical ambiguity. This article unravels those difficulties and highlights ways forward. It gives a brief history of non-retrogression and identifies what backwardness the doctrine seeks to regulate, which actions and inactions of the State it defines as culpable, how the multiple steps of the doctrine are to be proved and where the doctrine fits within the Committee's processes of scrutiny. Overall, it is argued that the significant potential of the doctrine is constrained by its confusions and that urgent reforms are needed to ensure its use and effectiveness. [ABSTRACT FROM AUTHOR]

The article analyzes the Chinese government's campaign against the Uyghurs in the context of international law. Topics discussed are cultural and political interests at play in Xinjiang, international law and Chinese domestic law in Xinjiang including the 1965 Convention on the Elimination of All Forms of Racial Discrimination and 1966 International Covenant on Economic, Social and Cultural Rights, freedom from surveillance, strike hard under international law, and the Xinjiang internment camp.

Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights protects the right of everyone to enjoy the benefits of scientific progress and its applications (REBSPA). While the interpretation of this provision has not really been a focus of attention in the past, this is changing. A danger lies in construing this provision as entitling states to comprehensively regulate the field of science, at the expense of scientific and academic freedom. Scientific or academic freedom, rather than state regulation, guarantees creativity and innovation in the field of science for the benefit of society at large. This article raises four caveats to guide all those tasked with interpreting Article 15(1)(b) – specifically, the UN Committee on Economic, Social and Cultural Rights, right now preparing a General Comment on Article 15(1)(b). Firstly, it is crucial to have conceptual clarity of, and understand the differences between, the REBSPA, freedom of science, academic freedom, freedom of expression, and the right to education. Secondly, science, by its very nature, is not susceptible to being managed. An 'adequate' framework for science should limit state intervention and empower the scientific fraternity. Thirdly, regulation has lately often entailed the adoption of a corporatist approach to science in universities and research institutions. This damages science. Fourthly and finally, UNESCO's recent Recommendation on Science and Scientific Researchers of 2017 constitutes only an imperfect blueprint to guide interpretation of the REBSPA. It fails to address various threats (impact agenda science, peer review, ethical regulation, entrepreneurialisation, accountability excess, absence of rights of participation in governance, and so on) to scientific and academic freedom. Relying throughout on the notion that a science system must be 'adequate for science', the article concludes with a set of 22 recommendations on how the REBSPA should be construed so as to duly respect scientific and academic freedom. The current science regime needs to be fundamentally rethought in the light of such freedom. Otherwise – and many experts concur – we shall soon witness the fatal collapse and disintegration of modern science. Freedom as a pillar of science, and of the REBSPA, is in danger of being lost. [ABSTRACT FROM AUTHOR]

Scholars debate whether human rights treaties and foreign aid are effective in achieving their stated objectives. Using data on more than 100 developing countries over a 20- to 40-year period, we analyze the independent and interactive effects of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and development assistance (general and health-specific) on three population health outcomes: infant mortality rates, life expectancy at birth, and caloric consumption. Pooled OLS and two-way fixed-effects analyses demonstrate that, in conjunction with development assistance for health, being party to the ICESCR improves survival-related outcomes; this is especially true for infant mortality. These findings do not appear to be driven by selection effects (with respect to ICESCR ratification) or simultaneity bias (with respect to aid receipt). In some cases, targeted aid promotes compliance with a human rights treaty that is otherwise difficult to implement; in other cases, ICESCR membership steers aid effects in different directions. Our findings challenge received wisdoms regarding the ineffectiveness of international human rights law and foreign aid. [ABSTRACT FROM AUTHOR]

The article focuses on the human rights of transgender people in Norway in the context of trans-specific healthcare. Topics discussed include transsexualism as a psychiatric diagnosis, the healthcare provided by the Norwegian National Unit for Gender Dysphoria and Transsexualism (Trans Unit), and how the transgenders' rights to healthcare are assessed by administrative complaint bodies.

The article discusses significant role of law in addressing social inequalities in cancer worldwide. Topics explored include the introduction of public health interventions and support programmes focused on cancer control and prevention, the International Covenant on Economic, Social and Cultural Rights adopted by the United Nations (UN) in 1966, and the capacity of law and governance to improve cancer disparities and outcomes.

Purpose The purpose of this paper is to highlight the legal framework and challenges to economic, social and cultural (ESC) rights of women.Design/methodology/approach This paper focuses on ESC rights of women. ESC rights are recognized under primary instrument International Covenant on Economic, Social and Cultural Rights (ICESCR), which is adopted by the United Nations (UN) in 1966. States have obligations to respect, protect and fulfil ESC rights. This paper aims to address ESC rights of women in particular. It analyzes the international legal framework including provisions of UN Charter, the Universal Declaration of Human Rights (UDHR) and ICESCR and its optional protocol. It also analyzes provisions of Women's Convention and identifies its linkage to ICESCR.Findings ESC rights are not justiciable and growing debate over justiciability is important for consideration. Also, there exist certain challenges for the progressive realization of ESC rights which need to be addressed by analyzing provisions of the existing legal framework and Maastricht Guidelines. The argument developed throughout the paper is that women's ESC rights may be protected at all levels by the progressive realization of these rights. The issue of justiciability may also be resolved to protect the basic needs and interests of women that leads to their empowerment.Originality/value The work is original and not published by any other journal so far. [ABSTRACT FROM AUTHOR]

The article focuses on the significance of the right to science to address the coronavirus pandemics. The right to science, specifically the right to share in scientific advancement and its benefits, is secured in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Named are elements that define the contours of the right to science including availability, accessibility and the protection of freedom of scientific research.

While the decentralised system adhered to by Indonesia has allowed the central government to delegate its affairs to local governments and has brought benefits for democracy, several issues are open for improvement. One of the areas allocated to local governments is housing and settlements. There are indications that in some cases the local governments fail to provide access to public housing for outsiders, who are also vulnerable to eviction and resettlement. This article discusses legal regulations and examples of housing policy at the national level. Moreover, it assesses general practices of four Indonesian local governments: Jakarta, Surabaya, Jogjakarta and Surakarta, concerning access to public housing for outsiders. The article investigates whether the four Indonesian local governments unintentionally facilitate indirect discrimination or legally limit the right to housing for the purpose of promoting the general welfare. The analysis is based on the prohibition of indirect discrimination related to the right to housing in the International Covenant on Economic, Social and Cultural Rights (ICESCR), General Comments and Concluding Observations. [ABSTRACT FROM AUTHOR]

the paper aims to support a view of human rights as essentially characterized by a basic content and in this sense focuses on the notion of basic rights. the key features associated with the notion of human rights -- moral embedding and universality -- should lead to regard human rights as essentially basic rights. the analysis will (i) argue for a notion of 'basicness' that is different from the notion occurring both within the so-called minimalist theories and the one worked out by Henry shue; (ii) address the link between the idea of basic rights and the doctrine of the minimum core/content and (iii) criticize a deviation from the desirable path, which lies in shifting from the notion of minimum core of rights to the notion of core rights. [ABSTRACT FROM AUTHOR]

Copyright of College of Law Journal for Legal & Political Sciences / Magallat Kulliyyat Al-Qanun Li-L-ulum Al-Qanuniyyat Wa-Al-Siyasiyyat is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

One major objection to social rights is a failure of determining which precise social and economic claims should be granted rights status. The social rights debate has grappled with this ‘indeterminacy problem’ for quite some time, and a number of proposals have emerged aimed at fixing the content of these rights. In what follows I examine three distinct approaches to fleshing out the idea of a minimum threshold: social rights as the fulfilment of basic needs, social rights as the securing of a minimally decent life and social rights as a requirement of citizenship (a civic minimum). Each of these proposals progressively expands on what the minimum threshold of social rights requires and, conversely, what obligations they generate on part of the state. I will show that none of these approaches is entirely satisfactory and suggest that the social rights debate look elsewhere to determine its content. [ABSTRACT FROM AUTHOR]

This article seeks to ascertain the role of healthcare in the Common European Asylum System (CEAS). The article is structured as follows. First, it outlines the international conceptualisation of healthcare in the International Covenant of Economic, Social and Cultural Rights (ICESCR) and the European Social Charter (ESC) before delving into the European Convention on Human Rights (ECHR). Second, focusing on the European Union (EU), it analyses the role of Article 35 of the Charter of Fundamental Rights of the European Union (the Charter) in order to verify its impact on the development of the CEAS. Third, and in conclusion, it will argue that the identification of the role of healthcare in the CEAS should be understood in light of the Charter’s scope of application. This interpretative approach will be beneficial for asylum seekers and undocumented migrants, as well as for the Member States (MSs). [ABSTRACT FROM AUTHOR]

This article considers the constitutional nature of socio-economic rights under the Hong Kong Basic Law, principally through the lens of article 39 which mandates the implementation of the International Covenant on Social, Economic and Cultural Rights into domestic law. So far, the Hong Kong courts have been reluctant to give domestic effect to guarantees under the ICESCR. This article assesses the feasibility of making the ICESCR effective through Hong Kong's administrative law and constitutional law. It argues that there is latent potential to invoke the ICESCR in the construction of legislation using the principle of legality. This interpretative mandate furthers the purposive and generous approach to constitutional interpretation and the guarantee that the ICESCR shall be implemented into Hong Kong law. More broadly, the article contributes to the scholarly literature on socio-economic rights adjudication, constitutional theory on rights interpretation, and the use of international human rights law in the construction of domestic constitutional guarantees. Housing Authority. [ABSTRACT FROM AUTHOR]

Despite the absence of a comprehensive global pact on the subject, the human right to property protection�a right of property but only rarely to specific property�exists and is recognized in 21 human rights instruments, including some of the most widely ratified multilateral treaties ever adopted. The Cold War�s omission of property rights in the two principal treaties on human rights, namely the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, has been overtaken by events. But that reality continues to be resisted by legal scholars, including human rights advocates, as well as by many across the political spectrum from many on the left (who associate property rights with misguided �Western� models for economic development) to some on the right (who see it as yet another intrusion on sovereign discretion sought by global elites). It is also resisted by U.S. courts which continue to assert that international law regulates the treatment of foreign property but not of �domestic takings� involving actions directed at a state�s own citizens. This Article surveys the reality of internationalized property rights protections outside the usual context in which it is addressed, namely to protect the property of foreign investors in the host states in which they operate. It canvasses the policy and jurisprudential objections to the idea of a treaty-based human right of property, addresses how the U.S. has contributed to the internationalization of this human right, and contrasts the property caselaw of the Inter- American Court of Human Rights with the ways U.S. courts have largely resisted the idea that the international human right of property exists. It addresses how human rights treaties respond to objections to property rights writ large and uses, inter alia, the property rulings of the Inter-American Court of Human Rights to advance a non-instrumentalist defense of the human right to property protection based on �moral intuitions� of what human dignity requires. Finally, the Article defends the fragmented nature of the distinct international regimes that protect property from those who would seek to harmonize its contours either through a global agreement or by recognizing its status as customary law. [ABSTRACT FROM AUTHOR]

This article calls attention to a fundamental challenge that has been downplayed in current efforts to strengthen the United Nations (UN) human rights treaty body system, namely, the system's insulation and alienation from local stakeholders who are supposed to take part in the processes of monitoring State implementation of treaty obligations. The current approach by the human rights treaty bodies to seek to conduct more local outreach initiatives, however, is inadequate as a solution. Instead, a new framework is required to redefine treaty monitoring as a joint project co-owned by the local as well as the global actors. This new framework calls for placing local stakeholders at the center of the monitoring exercise to review the human rights performance of their State, rather than as merely an outreach target. It also calls for empowering local stakeholders with global resources and interventions. To illustrate how human rights treaty monitoring can benefit from this new framework, I present the empirical study of the self-created, on-site human rights treaty review of the Republic of China on Taiwan, a non-UN member state that cannot take part in the UN human rights treaty system. In the Taiwan experience, the local actors are in full command of making crucial decisions concerning the design and administration of the review processes while global resources are constantly drawn upon to enhance its efficacy, credibility and legitimacy. This case study helps us think in concrete terms about how human rights treaty monitoring can be enriched by a framework that honors the notion of local-global co-ownership. This article contributes to the scholarship by offering a new understanding of how the local and global components can complement each other in monitoring human rights treaty implementation, and more broadly, other international human rights projects that require extensive local engagement. It also demonstrates the need for ongoing research on the application of international human rights norms and institutions in Taiwan which, excluded from the UN system, provides a fertile ground for experimentation. [ABSTRACT FROM AUTHOR]

Little attention has been paid to the monitoring tools of women's socio-economic rights (SER). Can the established monitoring tools used by the Committee on Economic, Social and Cultural Rights (CESCR) be reformed to detect all of the ways women 's SER are undermined or is it more conceptually sound to establish a new gender equality monitoring standard? This article argues for both approaches. Incorporating a gender equality framework into traditional monitoring tools enriches accountability. To detect the complex ways women experience violations of their SER, it is necessary to develop an independent evaluative tool. This article proposes that Sandra Fredman's four-dimensional model of equality be used for monitoring women's rights under the ICESCR. [ABSTRACT FROM AUTHOR]

Abstract: The discussion here takes stock of and analyses the way in which ideas of economic freedom and basic economic rights have evolved during the last half century to generate legal discourse and legal action, and with what effect, with particular reference to Europe as a site for such developments. It is necessary to probe the understanding and purpose of such ‘rights talk’ and also to set the discourse in relevant ideological contexts. For the purpose of this exercise, a broad distinction is drawn between two major categories of economic right. The first category may be broadly described as ‘integration rights’—entrepreneurial in character, forward‐looking and opportunistic in a historical context of supranational integration and trade liberalisation. The second category, in contrast, may be termed ‘vulnerability rights’; these are more protective in character, and serve to enhance the opportunities of the economically disadvantaged, those sections of the population at risk of social exclusion and poverty. An assessment is made, on the one hand, of the achievement of the movement to exploit integration rights, and on the other hand, the prospect for the mobilisation and assertion of vulnerability rights in the wake of governmental policies of austerity. [ABSTRACT FROM AUTHOR]

The present Article discusses whether the notion of extraterritorial application of treaties, widely debated and disputed in the context of human rights treaties, is also a viable concept in the context of multilateral environmental agreements. This Article will explore whether there are specific elements governing an extraterritorial application of environmental treaties. While this question has not yet attracted much attention in the literature on international environmental law, it will be argued that more questions of extraterritoriality will arise in the context of international environmental law and that these can be appropriately resolved through multilateral environmental agreements. While environmental treaties may, at the moment, be considered less "mature" than human rights treaties in terms of their extraterritorial potential, most obstacles for such an application can be overcome. [ABSTRACT FROM AUTHOR]

The article discusess the validity of food sharing restrictions in the U.S. Topics discussed include International Covenant on Economic, Social and Cultural Rights; violation of food-sharing restrictions with domestic and international law; and court cases Department of Agriculture v. Moreno and Romer v. Evans on the same.

In 1948, the UN General Assembly passed a resolution, known as the International Bill of Human Rights. The Bill contains the Universal Declaration of Human Rights, articulating a human right to health. A subsequent treaty, the International Covenant on Civil and Political Rights states that "every human being has the inherent right to life." Furthermore, the International Covenant on Economic, Social and Cultural Rights protects access to healthcare. However, these treaties do not explicitly recognize a "right to die," leaving the decision of whether to allow euthanasia and physician-assisted suicide within the discretion of individual countries. With this international background in mind, this Comment will explore terminally ill individuals' access to physician-assisted suicide in the United States, arguing that states that legalize this end-of-life option should remove their residency requirements. Part I will introduce the concept of the human right to health and how the right is interpreted by two countries --the United States and the Netherlands. Part II will discuss the current legal status of PAS in the United States. In Part III, this Comment will argue that states should remove their residency requirements for constitutional reasons, as such discrimination against non-residents is likely unconstitutional under Article IV's Privileges and Immunities Clause. Further, even if states do not remove their residency requirements for constitutional reasons, they should do so for moral reasons. The current PAS situation will be analogized to another controversial medical service--abortion--during the pre-Roe era, in which one state, New York, defied the masses and removed its residency requirement. Finally, Part IV will argue that states should remove residency requirements for human rights reasons. [ABSTRACT FROM AUTHOR]

Swaziland's Constitution of 2005 promised that every Swazi child would have the right to free primary school education, within three years of the constitution coming into operation. That date having passed, a civil society group took the matter to court. The case initially fared well, but in a subsequent application for performance on the original order, the court balked at making an immediately enforceable order, citing lack of resources as an obstacle. That approach was upheld by the Supreme Court. This article examines the courts’ pronouncements within the Swazi constitutional context. It discusses judicial deference, avoidance and pragmatism. Swaziland's free primary education judgments are compared with those of courts in South Africa. The remedial orders of those courts demonstrate that, although educational goods and services cannot be delivered overnight, creativity and oversight by the courts can ensure that an immediate start is made towards delivering on the constitutional promise. [ABSTRACT FROM PUBLISHER]

Half a century ago, the United Nations General Assembly unanimously adopted two great covenants, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), which brought force of law to the rights declared in the Universal Declaration of Human Rights. Both covenants have been widely ratified by the vast majority of African States. However, a largely neglected area of study has been assessing the influence of the ICESCR in various parts of the world including Africa. This article assesses the influence of the ICESCR in Africa. It seeks to show how the ICESCR, as interpreted by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) has, through the 50 years since its adoption, had influence on the regional and domestic protection of economic, social and cultural rights (ESC rights) in Africa. The article begins by considering the influence of the Covenant on the regional protection of human rights in Africa. This is followed by an analysis of the influence of the Covenant on the protection of ESC rights in domestic legal systems in Africa focusing primarily on the constitutional protection of ESC rights. It then considers the limited influence of the Covenant on national courts' jurisprudence in African States applying dualist and monist approaches to international treaties. It ends by making recommendations to maximize the influence of the ICESCR in the future. [ABSTRACT FROM AUTHOR]

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The 'Right to Food' is a legal entitlement owed to all human beings established in international law more than half a century ago. Fulfilment of the right has been entrusted to states parties to the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR). However, in practice, the right is often breached because of hostility or indifference from individuals or institutions refusing access to provisions, or because of vicissitudes of nature. Adverse impacts due to human interference in natural processes are increasingly noticeable in the area of food production. These processes have been classified into nine distinct categories, all of which need be kept within certain margins, so-called 'Planetary Boundaries', which delineate a safe operating space for humanity. This paper discusses the impact each of these human-induced developments has on the provision of food as well as the other way round and what the consequences would be if the boundaries were exceeded. Yet there are means of keeping the worst consequences of most of these processes at bay. The paper explores some of these. [ABSTRACT FROM AUTHOR]

On the occasion of the UN General Assembly in New York on September 19th 2017, the French President Emmanuel Macron presented the draft of the Global Pact for Environment in front of Heads of States and Governments, representatives of the civil society and of the private sector, the 193 member states of the organization, in the presence of the UN Secretary General Antonio Gutteres and of the President of the French Constitutional Council, Laurent Fabius¹. This pact, if adopted, will complement the legal building of the fundamental human rights norms created by Rene Cassin², reinforced by Karel Vasak³ by creating the three generations of rights4. Each of these generations could now have its own Covenant. For the first two generations of rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights were adopted in 1966. For the third generation, this new Global Pact will come to cover the most part of rights. It will be the one that will lead mankind to "act for the planet, to act by law5". [ABSTRACT FROM AUTHOR]

The article focuses on regulatory gaps concerning access and benefit sharing of deep sea genetic resources for use in current domestic aquaculture as well as future High Seas aquaculture. It mentions technology transfer obligations and knowledge sharing under the United Nations Convention on the Law of the Sea (UNCLOS) and International Covenant on Economic, Social and Cultural Rights. It also mentions patent law under Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

The article discusses the status of refugees and migrants under the International Covenant on Economic, Social and Cultural Rights. It mentions that the United Nations Committee on Economic, Social and Cultural Rights wishes to recall the guarantees of the covenant. It discusses the prohibition of discrimination on grounds of nationality or legal status, and integration of refugees and migrants and the specific vulnerability of undocumented migrants.

This article re-examines the problems of the Chinese texts of the two International Covenants on Human Rights, which were raised 10 years ago and further dwelt upon by other scholars more recently. Each Covenant has a Chinese text that is different from the authentic Chinese text but has been prevailing in the United Nations human rights publications and in the People's Republic of China. The appearance of the prevailing but invalid Chinese texts may well be attributed to the negligence of the United Nations in early 1970s. The People's Republic of China has blindly trusted those United Nations publications and thus has always used the prevailing Chinese texts. Any inquiries of relevant matters must be done on an objective and impartial basis and in a logical and responsible way. [ABSTRACT FROM AUTHOR]

The article discusses the author's views about how the governments can use the right to food framework to address hunger issues, and it mentions food access and the legal aspects of hunger in Vermont as of 2016. Global human rights and the International Covenant of Economic, Cultural, and Social Rights are addressed, along with the 3SquaresVt food assistance program, school breakfast and lunch programs in Vermont, and a zoning ordinance in Burlington, Vermont.

This study investigates the determinants of the ratification of International Covenant on Economic, Social, and Cultural Rights (ICESCR). To do so, it proposes an explanation that postulates that states employ treaty ratification as a device to signal their resolve to implement polices required by the treaty at issue in order to appease demanding domestic constituencies, predicting that states with lower compliance capacity tend to commit faster than states with higher compliance capacity. Applying this explanation to the ICESCR leads to two expectations. First, the larger government spending a proxy of high compliance capacity is hypothesized to delay the ratification process. Second, states with the unitary system are expected to ratify the ICESCR more promptly because the centralized power structure in unitary states significantly restricts the pursuit of the policy autonomy by minorities at local level that the right to self-determination entails. The Cox proportional hazard analysis lends support to both hypotheses. [ABSTRACT FROM AUTHOR]