cultural rights in the treaty acknowledged that, for the protection against discrimination to be
effective, it had to extend to the areas of life ‐‐ access to work, education, housing or healthcare ‐‐
that are considered most essential for social integration. The Convention also illustrated how the
requirement of non‐discrimination can constitute a bridge between different categories of rights,
and a tool through which economic, social and cultural rights can be enforced by independent
monitoring bodies.
By then however, the idea that economic, social and cultural rights are different in nature from civil
and political rights had become a cliché, both in the academic literature and in diplomatic circles.
Already in 1952, at the request of the Economic and Social Council (itself acting in answer to
concerns expressed by its Commission on Human Rights), the United Nations General Assembly had
adopted a resolution in which it requested that the Universal Declaration of Human Rights be
implemented through two separate covenants, each corresponding to one category of rights (United
Nations General Assembly 1952). Both sets of rights, the diplomats agreed, were of equal
importance, and all rights were to be treated as interdependent and indivisible. But the dominant
view was that the two categories of rights were sufficiently distinct from one another to warrant
separate treatment, and were to be implemented through different legal techniques (De Schutter
2010a: 16‐17; Eide 2001). Civil and political rights, the negotiators believed, required essentially from
States that they abstain from taking measures that could lead to these rights being infringed: such
(primarily negative) obligations were determinate enough, and unexpensive enough, to justify
monitoring by independent experts, and the imposition of a requirement that each State guarantees
access to effective remedies, preferably of a judicial nature, against instances of violation. In
contrast, economic, social and cultural rights were seen as imposing positive obligations on States,
requiring both the adoption of legal measures and budgetary commitments, and such rights could
only be implemented progressively, depending on the resources available to each State as well as on
the level of international support received (see for instance Cranston 1964: 54; Alston and Quinn
1987: 181‐183).
The result was that the International Covenant on Civil and Political Rights established the Human
Rights Committee, a body of independent experts sitting in their individual capacity to assess the
reports submitted by States on the implementation of the Convenant under their jurisdiction, and an
Optional Protocol to the Covenant authorized the Committee to receive individual communications
and express views on information thus received (International Covenant on Civil and Political Rights
1966); in contrast, no such monitoring mechanism was included in the International Covenant on
Economic, Social and Cultural Rights (International Covenant on Economic, Social and Cultural Rights
1966): the reports periodically submitted by States under this instrument were addressed to the
Economic and Social Council, a body composed of diplomats which was neither equipped, nor in fact
willing, to provide any significant follow‐up. In addition, the latter covenant included a provision,
article 2, para. 1, essentially inspired by article 22 of the Universal Declaration of Human Rights,
affirming the specific nature or economic, social and cultural rights in order to take into account the
concerns expressed by developing countries. The provision introduced the notion of "progressive
realization" and noted the role of international assistance and cooperation in supporting each
country's efforts towards the fulfilment of these rights. It read:
Each State Party to the present Covenant undertakes 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 realization of the rights
recognized in the present Covenant by all appropriate means, including particularly the
adoption of legislative measures.
Both the civil and political rights and the economic, social and cultural rights covenants were adopted
on the same day, on 16 December 1966, and they entered into force almost simultaneously ten years
4
CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction