Economic, Social and Cultural Rights

Transcription

1 Economic, Social and Cultural Rights 12 March 2014 Prof. Christine Kaufmann Spring Term 2014 Overview Concept of economic, social and cultural rights Origin and legal foundations Key features of the ICESCR The problem of resources The issue of justiciability (Minister of Health and Others vs. Treatment Action Campaign and Others) Human Rights Economic, Social and Cultural Rights Prof. Christine Kaufmann, Spring Term 2014 Page 2 1

2 Key features of the ICESCR (I) Economic rights (Art. 6-8) Right to work Right to fair working conditions Trade union rights Social rights (Art. 9-12) Social security rights Protection of family, mothers, children and young persons Right to adequate standard of living Cultural rights (Art ) Right to education and free primary schooling Right to take part in cultural life Right to enjoy the benefits of scientific progress Human Rights Economic, Social and Cultural Rights Prof. Christine Kaufmann, Spring Term 2014 Page 3 Key features of the ICESCR (II) Implementation through the Committee on Economic, Social and Cultural Rights (cf. last week s slides) Periodic state reports (Geneva excursion: Armenia) Optional Protocol of 10 December 2008 entry into force in 2013 Individual complaint procedure Interstate investigation procedure Human Rights Economic, Social and Cultural Rights Prof. Christine Kaufmann, Spring Term 2014 Page 4 2

3 Differences and relationship between ICCPR and ICESCR Article 2 (1) ICESCR State obligations are subject to availability of resources Obligation for progressive realisation Obligations to respect, protect and fulfil Interdependence of the Covenants Human Rights Economic, Social and Cultural Rights Prof. Christine Kaufmann, Spring Term 2014 Page 5 Case studies South African Cases Minister of Health and Others v. Treatment Action Campaign and Others Soobramoney v. Minister of Health, KwaZulu-Nata Questions: What is the legal status of the ICESCR in the domestic legal order? Can social rights be invoked in court (justiciability)? How is the court addressing the problem of limited resources? International cases related to private actors Akpan v. Royal Dutch Shell Doe v. Unocal Human Rights Economic, Social and Cultural Rights Prof. Christine Kaufmann, Spring Term 2014 Page 6 3

4 Human rights or basic need what difference does it make? Rights vs. needs-based approach Amartya Sen: Development as freedom Move from social work to legal sphere From objects to subjects Holders of a right vs. beneficiaries of development programme Legal obligations of states Shift in focus from moral judgment on the poor to the failure of states to comply with international law Human Rights Economic, Social and Cultural Rights Prof. Christine Kaufmann, Spring Term 2014 Page 7 Millennium development goals Legal status of the MDGs Millennium Declaration adopted by 189 states in 2000, signed by 147 states Eight goals, with 21 quantifiable targets, 60 indicators Goal 1: Eradicate extreme poverty and hunger Reduce by half the proportion of people living on less than a dollar a day Achieve full and productive employment and decent work for all, including women and young people Reduce by half the proportion of people who suffer from hunger Human Rights Economic, Social and Cultural Rights Prof. Christine Kaufmann, Spring Term 2014 Page 8 4

5 Sustainable development goals One of the main outcomes of the United Nations Conference on Sustainable Development held in Rio de Janeiro in June 2012 (Rio+20) to develop a set of future international development goals Action-oriented, concise and easy to communicate, limited in number, aspirational, global in nature and universally applicable to all countries while taking into account different national realities, capacities and levels of development and respecting national policies and priorities Establishment of a 30-member Open Working Group on Sustainable Development Goals Human Rights Economic, Social and Cultural Rights Prof. Christine Kaufmann, Spring Term 2014 Page 9 Undernourishment in 2013 Source: FAO, 2013 Hunger Report (2012: 868 million undernourished people) Human Rights Economic, Social and Cultural Rights Prof. Christine Kaufmann, Spring Term 2014 Page 10 5

6 Questions What does the obligation to respect, protect and fulfil imply with regard to the right to food? Can economic sanctions amount to a violation of the right to food? What are the potential impacts of the financial crisis on economic, social and cultural rights? Human Rights Economic, Social and Cultural Rights Prof. Christine Kaufmann, Spring Term 2014 Page 11 Current state of affairs In 2013, the number of people suffering from chronic hunger further declines but with 842 million people remains unacceptably high (compared to 1.02 billion in 2009). Financial and food crisis together with climate change have an impact on poverty The non-outcome of the Doha Round as a whole in the WTO will affect poor people Who represents the poor in these discussions? Human Rights Economic, Social and Cultural Rights Prof. Christine Kaufmann, Spring Term 2014 Page 12 6