2008]
The Minimum Core of Economic and Social Rights
119
2005, the Committee purported to correct this imbala nce by issuing a General
Comment on the aspects of cultural ri ghts protected unde r the International
Covenant on Economic, Soci al and Cultural Rights (“the Covenant”), and
22
including a definition of a “min
imum core” of cultural rights.
Notwithstanding this development, this Article does no t extend its analysis to
ltural rights are often
cultural rights. 23 While it concedes that cu
inappropriately overlooked in commenta ry on the Covenant, 24 and while it
acknowledges the mutually dependent relations between the economic, social,
and cultural aspects of material well being, 25 this Article limits its analysis to
economic and social rights for two re asons. First, at the level of political
agency, challenges arise in addressing claims of redistribution that are unlike
those involved in struggles for recognition.26 These differences become clear
when investigating the normative source s of a plausible co re of economic and
social rights and the obst acles to consensus. Although the three categories of
rights were placed within the same Covenant,27 economic and social rights are
more central to the intern ational ideological disagreement of the l ast century
and to the interna tional agreement (at least on the nature of the practical
challenge in socioeconomic provision, if not the shape of the solution) for this
century. 28 Disagreement and agr eement on cultural rights is somewhat
dissimilar: most relevant to this Article’s aims is the need to allow for change
and multiplicity in the expre ssion of cultural rights, 29 which is d ifferently
attenuated for economic and social rights. Secondly, at a more methodological
level, I argue that there are importan t tensions between economic and social
rights on the one hand and cultural rights on the other, which caution against a
grouped analysis. From one view, group rights for minority cultures harm
material interests by keeping unequal distributions in place, a tension which is
22. See, e.g., U.N. Comm. on Econ., Soc. & Cultural Rights [ECOSOC], General Comment
No. 17: The Right of Everyone to Benefit fro m the Protection of th e Moral and Materia l Interests
resulting from any Scientific, Literary or Artistic Production of Which He or She is the Author (art. 15) ,
¶ 39, U.N. Doc. E/C.12/GC/17 (Jan 12, 2005) [hereinafter General Comment No. 17].
23. Neither are property rights and labor rights examined in any length in this Article, despite
their inclusion in som e expressions of economic and social rights. See, e.g., Daintith, supra note 19, at
58-61.
24. Asbjørn Eide, Cultural Rights as Individual Human Rights , in ECONOMIC, SOCIAL AND
CULTURAL RIGHTS, supra note 4, at 289 (describing cultural rights “almost as a remnant category” in
commentary on the Universal Declaration of Human Rights and the Covenant).
25. See, e.g., JEANNE M. WOODS & HOPE LEWIS, HUMAN RIGHTS AND THE GLOBAL
MARKETPLACE: ECONOMIC, SOCIAL, AND CULTURAL DIMENSIONS, xvii (2005).
26. See NANCY FRASER & AXEL HONNETH, RECOGNITION OR REDISTRIBUTION? A POLITICALPHILOSOPHICAL EXCHANGE (2003) [hereinafter F RASER & HONNETH, RECOGNITION OR REDISTRIBUTION]
(debating the appropriate separation between the politics of recognition and redistribution in critical
theory).
27. JOHN P. HUMPHREY, HUMAN RIGHTS & THE UNITED NATIONS 158-62 (1984); Philip
Alston & G erard Quinn, The Nature and Scope of States Parties' Obligations under the International
Covenant on Economic, Social and Cultural Rights , 9 H UM. RTS. Q. 156 (1987) (describing the
transition to two separate Covenants from one original covenant on human rights).
28. See United Nations Millennium Declaration, G.A. Res. 55/2, U.N. Doc A/RES/55/2 (Sept.
18, 2000); see also U.N. Millennium Development Goals, http://www.un.org/millenniumgoals (last
visited Nov. 1, 2007) [hereinafter MDGs] (claiming that the eight MDGs—which include the halving of
extreme poverty, the halting of the spread of HI
V/AIDS, and the provision of universal prim ary
education by 2015—“form a blueprint agreed to by all the world’s countries and all the world’s leading
development institutions”).
29. E.g., Dominic McGoldrick, Culture, Cultures, and Cultural Rights, in E CONOMIC, SOCIAL
AND CULTURAL RIGHTS IN ACTION 447, 450 (Mashood A. Baderin & Robert McCorquodale eds., 2007).