Chapter 1 | Page 41
dignity,127 these rights ‘remain less well articulated conceptually than Civil and
Political
rights,
less
accurately
measured,
and
less
consistently
implemented.’128 Delay in developing these key components of ESC rights
clearly disadvantages their implementation and proper realisation. Ensuring
that States take ESC rights more seriously in their policy priorities requires
further advancement of core concepts and practices of the rights enshrined in
the Covenant to reflect the changing landscape of global human rights.
One of the key goals of human rights discourse is to secure each individual
the ‘necessary conditions for leading a minimally good life’.129 Such a definition
of human dignity focuses on the human condition of being rather than
having.130 According to Martha Nussbaum, all human rights, which are
essentially understood as ‘entitlements to capabilities’, have material and
social preconditions and necessitate government involvement and action.131
Similarly, Mary O’Rawe argues that ‘human rights are part of the human
condition, not mere favours granted by States’.132 Thus, these human rights
can be seen as rights to particular capabilities that can be enjoyed by
individuals and groups within any given society.
Given the primary role of individuals and advocates to be empowered to create
State accountability for the realisation of ESC rights, this thesis aims at making
a significant contribution in terms of illuminating the State’s obligation to
127
Sital Kalantry, Joycelyn Getgen and Steven Arrigg Koh, 'Enhancing Enforcement of
Economic, Social and Cultural Rights Using Indicators: A Focus on the Right to Education
in the ICESCR' (2010) 32 Human Rights Quarterly 253-310, 256.
128
Shareen Hertel and Lanse Minkler, 'Economic Rights: The Terrain' in Shareen Hertel and
Lanse Minkler (eds), Economic Rights: Conceptual, Measurement, and Policy Issues
(Cambridge University Press, Cambridge, 2007), 1; Henry J Steiner and Philip Alston,
International Human Rights in Context: Law, Politics, Morals (Clarendon Press, Oxford,
1996); Rolf Künnemann, 'A Coherent Approach to Human Rights' (1995) 17(2) Human
Rights Quarterly 323-342.
129
Fagan, above n 112, 30.
130
Bas de Gaay Fortman, Political Economy of Human Rights: Rights, Realities and
Realization (Routledge, London, 2011), 7.
131
Martha Nussbaum, 'Capabilities and human rights' (1997) 66(2) Fordham Law Review
273-300.
132
Mary O'Rawe, 'The United Nations: Structures versus Substance (Lessons from the
principal treaties and covenants)' in Angela Hegarty and Siobhan Leonard (eds), Human
Rights: An Agenda for the 21st Century (Cavendish Publlishing, London, 1999) 15-33, 21.
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