social rights have put in place processes through which, at local or national level, solutions could be
found that take into account the specific context in which these rights ought to be implemented. This
goes beyond courts merely making a declaration of compatibility or incompatibility of certain
situations or policies with the requirements of economic and social rights, and leaving it to the
political branches of government to draw their own conclusions. It results in the active involvement
of courts in designing processes facilitating the search for solutions that shall ensure compliance. The
remedies that court shape are democracy‐enhancing rather than democracy‐restraining: they
facilitate deliberative processes, instead of imposing obstacles to such processes.
Thus, in order to give effect to economic and social rights by moving beyond a purely "conservative"
jurisprudence ‐‐ one that protects existing entitlements ‐‐, and to contribute to removing the deep
causes of deprivation, courts have a tendency to reinvent themselves: they develop new approaches
to what it means to deliver justice, in an institutional framework in which their powers are
constrained. Inevitably, this raises the question whether classic conceptions of separation of powers
are compatible with the effective enforcement of economic and social rights, or whether something
else is needed.
National human rights institutions may provide one response. Such institutions have been
developing particularly since 1993, after the adoption of the Paris Principles defining certain
minimum criteria they should comply with (United Nations General Assembly 1993) and after the
Vienna World Conference on Human Rights encouraged their establishment (Murray 2007). In
general, national human rights institutions pay a far greater attention to civil and political rights than
to economic, social and cultural rights, even when their mandate covers both sets of rights (Kumar
2006). Yet, their contribution to the latter may be particularly important, not only by their
promotional activities and by monitoring progress in their realization, but also by examining
complaints alleging non‐compliance with economic and social rights and addressing
recommendations to the different branches of government without facing the same institutional
constraints as courts (CESCR 1998b). The contribution of Mario Gomez included as Chapter 8 of this
collection makes a number of recommendations in this regard, highlighting in particular the role of
national human rights commissions in clarifying the requirements of social and economic rights in
the domestic context and the key advantages of flexibility and accessibility that such institutions
present (see also Brems et al. 2013).
III. Assessing compliance and the question of 'progressive realization'
Part III of this collection of essays brings together a range of contributions to what has been the most
disputed question accompanying the rise of economic and social rights. It is generally accepted that
such rights include both elements that are "immediate" (imposing on States duties that cannot be
made dependent on resource availability) and others that are subject to "progressive realization", to
which States must dedicate the maximum of available resources. But how are each of these sets of
duties to be distinguished? And, as regards the components that are to be realized only
"progressively", what progress�� is enough? At which speed must States deliver on their promise to
move towards the full realization of economic and social rights? Almost fifty years after the adoption
of the International Covenant on Economic, Social and Cultural Rights, the answers remain highly
contested. What follows is an attempt to map these answers, highlighting both areas of consensus
and outstanding areas of contention.
1. The "core content" of rights
This issue of progressive realization was at the core of the discussions that led to the adoption in
1986 of the Limburg Principles on the Implementation of the International Covenant on Economic,
Social and Cultural Rights. The Limburg Principles already contained three important lessons in that
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CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction