Chapter 2 | Page 47
Many of the substantive ESC rights recognised under the ICESCR also form
key provisions in other international human rights instruments. For example,
the rights to education, employment, and health are specified in the
Convention on the Elimination of all forms of Discrimination against Women
(CEDAW) and require the State to take positive measures to eliminate
discrimination and ensure equal opportunity.4 Similarly, the Convention on the
Rights of the Child (CRC) makes direct reference to the economic, social and
cultural rights of the child5 and requires the State to undertake appropriate
measures for the implementation of these rights. The Convention on the Rights
of Persons with Disabilities (CRPD) also provides for specific ESC rights,
particularly the rights to education, health, work and adequate standard of
living for persons with disabilities.6
A number of rights under the ICESCR also reflect pre-existing international
norms. For example, right to work (Article 6), rights in work (Article 7) and trade
union rights (Article 8) are better understood within the frameworks put in place
by numerous conventions and standards set out by the International Labour
Organisation (ILO), while rights related to education and health are closely
related to standards and rules of the United Nations Educational, Scientific
and Cultural Organisation (UNESCO) and the World Health Organisation
(WHO) respectively.7
ESC rights are also recognised in a number of international, regional and
multilateral human rights regimes as well as in domestic constitutions and laws
in a number of States. For example, the European Social Charter covers much
4
Convention on the Elimination of All Forms of Discrimination Against Women, opened for
signature 18 December 1979, 1249, p. 13 (entered into force 3 September 1981), art 10,
12 ('CEDAW').
5
Convention on the Rights of the Child, opened for signature 20 November 1989, 1577
UNTS 3 (entered into force 2 September 1990), preamble, art 4 ('CRC').
6
Convention on the Rights of Persons with Disabilities, opened for signature 30 March 2007,
2515 UN 3 (entered into force 3 May 2008), art 24,25,27,28 ('CRPD').
7
For example see, Ben Saul, David Kinley and Jacqueline Mowbray, The International
Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials
(Oxford University Press, Oxford, 2014), 7.
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