Chapter 2 | Page 46
system in the context of the ICESCR and, specifically to locate the obligation
to use ‘maximum available resources’ for the realisation of ESC rights in the
context of the Covenant and other relevant instruments of the international
human rights regime.
In the first part of this chapter, the language of ‘obligation’ in the Covenant is
explained to contextualise its application and different conceptualisations of
ESC rights obligations within the international legal framework are discussed,
with emphasis on State obligations to respect, protect and fulfil. Other
associated concepts, such as minimum core content, limitations and nonretrogression, are explained in the context of relevant international human
rights and legal principles. The chapter ends with a discussion of evidence on
the State obligation to maximise and allocate adequate resources for ESC
rights, with reference to the travaux préparatoires of the ICESCR and the
Concluding Observations of the ESCR Committee.
2.2 ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN THE
INTERNATIONAL HUMAN RIGHTS SYSTEM
The International Covenant on Economic, Social and Cultural Rights
(ICESCR) comprises a Preamble and 31 articles divided into five parts. Part I
recognises the right to self-determination and outlines the associated rights.
Part II establishes the general principles of ‘progressive realisation’ and ‘nondiscrimination’ as well as related principles such as limitations and nonretrogression. Part III establishes the substantive rights (Article 6-15). These
rights include the right to work (Article 6); right in work (Article 7); trade union
rights (Article 8); social security rights (Article 9); right to social protection
(Article 10); right to an adequate standard of living (Article 11); right to health
(Article 12); right to education (Article 13, 14); and cultural rights (Article 15).
Part IV describes reporting and monitoring procedures and, Part V covers
ratification, and other administrative aspects of the Covenant.
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