Chapter 1 | Page 40
economic dimensions, as well as that of the law.’123 For this reason, law,
economics, public policy and public finance disciplines create their own
understanding of the workings of ESC rights implementation. The crossdisciplinary approach adopted in this thesis will enhance understanding of this
crucial aspect of the human rights regime and will provide a useful resource
for human rights advocates, policymakers, human rights organisations and the
victims of ESC rights violations.
1.5.4 ESC rights activism and advocacy: Enhancing policy
accountability of the State
An effective and representative State is grounded on the values of open,
transparent and accountable political and social arrangements and on
institutions that promote human rights, rule of law and inclusivity. At the heart
of the success of these States are empowered citizens who hold their
governments to account through established institutional mechanisms.
Accordingly, the ability of human rights to challenge ‘entrenched political and
social behaviour’124 through moral persuasion is fundamental to effect change
in the current status of fulfilment of ESC rights.
Despite increasingly loud calls for equal treatment of ESC rights with other
rights125 and the fact that they have received increased attention in many parts
of the world in recent years,126 effective protection of these rights still leaves
much to be desired. Although there is recognition that ESC rights are essential
to the effective realisation of other fundamental rights and to living with
123
Amartya Sen, 'Human Rights and the Limits of the Law' (2006) 27(6) Cardozo Law
Review 2913-2927, 2913.
124
Eva Brems, 'Human Rights: Minimum and Maximum Perspectives' (2009) 9 Human
Rights Law Review 349-372, 366.
125
See for example, United Nations General Assembly, Vienna Declaration and Programme
of Action, UN Doc A/CONF.157/23 (12 July 1993); Robinson, above n 109, 866.
126
For example, Paul Hunt, 'Taking Economic, Social and Cultural Rights Seriously' (2006)
31 Alternative Law Journal 120.
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