Chapter 1 | Page 36
objectives’106 that are ‘aspirational’ rather than ‘enforceable’.107 Hence ESC
rights have often been characterised as the ‘poor cousin’ of Civil and Political
rights108 and have received less attention in national and international human
rights advocacy platforms.
In order to change this characterisation and to bring ESC rights to the forefront
of State policy ‘a complex interaction of policies and programs in a wide range
of sectors and institutions’109 is needed. This can be accomplished by paying
due regard to State practice and providing theoretical space for the
identification of practical and enforceable elements of these rights. Such an
approach is also essential to entrench ESC rights within various spheres of
State policy and to provide a more coherent, defensible and pragmatic basis
for the application of these rights, which is necessary for the protection of
human dignity and the realisation of social justice.
It can be argued that human rights norms should guide the accountability of
governments for policies and actions that affect their citizens.110 Despite this
legal assurance, however, individuals often have no effective guarantee that
they will be protected against State inaction in the realisation of ESC rights,
nor are they likely to have any assurance of continuous improvement in their
economic, social and cultural conditions.111 While this is a reflection of the hard
reality of the politics of human rights in general, the impact of such uncertainty
on ESC rights enjoyment is particularly severe. Therefore, given the strong
moral and instrumental case for human rights and dignity,112 the ability of
to Food, Water, Housing, and Health?' (2004) 98(3) The American Journal of International
Law 462-515, 464.
106
Ibid.
107
Todd Landman, 'Measuring Human Rights and the Impact of Human Rights Policy'
(Paper presented at the Conference on Human Rights Impact Assessment, Brussels, 1920 November 2001) 6.
108
Saul, Kinley and Mowbray, above n 33, 1.
109
Mary Robinson, 'Advancing Economic, Social, and Cultural Rights: The Way Forward'
(2004) 26 Human Rights Quarterly 866-887, 871.
110
Todd Landman and Edzia Carvalho, Measuring Human Rights (Routledge, London,
2010), 10.
111
112
Vierdag, above n 10, 101.
Arjun Sengupta, 'The Human Right to Development' in Bård A Andreassen and Stephen
P Marks (eds), Development as a Human Right (Harvard School of Public Health, London,
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