Chapter
1
Introduction
1.1 ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN PERIL
FOR WANT OF RESOURCES?
The drafters of the Universal Declaration of Human Rights (UDHR) envisioned
a world in which all human beings enjoyed ‘freedom from want’ as well as
‘freedom from fear’.1 In 1950, the United Nations General Assembly reiterated
that ‘the enjoyment of civil and political freedoms and of economic, social and
cultural rights are interconnected and interdependent’2 and that, ‘when
deprived of economic, social and cultural rights, man does not represent the
human person whom the Universal Declaration regards as the ideal of the free
man’.3 The Preamble to the International Covenant on Economic, Social and
Cultural Rights (ICESCR) recognises that ‘the ideal of free human beings
enjoying freedom from fear and want can only be achieved if conditions are
created whereby everyone may enjoy his economic, social and cultural rights,
as well as his [sic] civil and political rights’.4
In light of such aspirations, and the need to understand and insist on these
rights expressed by the former Secretary-General of the United Nations (in the
epigraph above), how is humanity as a whole faring in its efforts to achieve
1
United Nations, Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd
sess, 183rd plen mtg, UN Doc A/810 (10 December 1948), Preamble.
2
United Nations General Assembly, Draft International Covenant on Human Rights and
measures of implementation: future work of the Commission on Human Rights, Resolution
421 E (V), (4 December 1950), [6]. This was further re-affirmed in the United Nations
General Assembly, General Assembly Resolution, 543 (VI), 375th plenary mtg, (5 February
1952), Preamble.
3
Draft International Covenant on Human Rights and measures of implementation: future
work of the Commission on Human Rights, above n 2, [6].
4
International Covenant on Economic, Social and Cultural Rights, opened for signature 16
December 1966, 993 UNTS 3 (entered into force 3 January 1976), Preamble ('ICESCR').
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