Chapter 2 | Page 77
as a way to encourage active contribution of the creators of these works to the
overall progress of society as a whole, rather than as sources of individual
benefit alone.160
A comprehensive policy on ESC rights must necessarily target all these rights
and must have adequate policy intervention to ensure their realisation. The
policy efforts in relation to these rights are characterised by interrelated and
essential features of availability, accessibility, acceptability, adaptability and
adequacy in relation to rights such as education, health and housing.161
In this thesis, all these rights are treated as equally important components of
national policy actions for progressive realisation, which also requires
resources. The manner in which these obligations are to be carried out is
expounded in the general and procedural obligations under the Covenant as
discussed in the previous section.
2.3.3 Justiciability and adjudication
The basic idea of ESC rights justiciability is that State non-compliance with
these rights can be subjected to third-party adjudication and reward of
remedies.162 It is argued that the role of the courts in ESC rights adjudication
should be to deepen the accountability of the State,163 for which clear rules of
160
Committee on Economic, Social and Cultural Rights, General Comment No 17: The Right
of Everyone to Benefit from the Protection of the Moral and Material Interests Resulting
from any Scientific, Literary or Artistic Production of which He or She is the Author (article
15, paragraph 1 (c), of the Covenant) 35th sess, UN Doc E/C.12/GC/17 (12 January 2006),
[4].
161
These features are outlined in CESCR General Comment No 13, E/C.12/1999/10, above
n 154; CESCR General Comment No 14, E/C.12/2000/4, above n 148; CESCR General
Comment No 4, E/1992/23, above n 143.
162
163
Dennis and Stewart, above n 3, 463.
Murray Wesson, 'Disagreement and the Constitutionalisation of Social Rights' (2012)
12(2) Human Rights Law Review 221-253, 253.
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