Economic, Social and Cultural Rights (and Beyond) in the UN Human Rights Council

被引:4
作者
Richardson, Lucy [1 ]
机构
[1] Grad Inst Int & Dev Studies IHEID, Int Law Dept, Geneva, Switzerland
关键词
United Nations Human Rights Council; economic; social and cultural rights; third generation rights;
D O I
10.1093/hrlr/ngv016
中图分类号
D81 [国际关系];
学科分类号
030207 ;
摘要
Economic, social and cultural rights (ESCR) have been subject to increased attention in recent decades including within the United Nations. Created in 2006, the Human Rights Council is the only intergovernmental UN body dealing exclusively with human rights. Since a flurry of activity at its inception, the academic attention paid to the Council overall, much less specifically on ESCR, has been surprisingly scant. This article lessens that gap by analysing the Council's performance on ESCR and ESCR-related rights. It demonstrates that there has been progress, which, as with anything in the multilateral system, remains measured. The old debate on the hierarchy between civil and political rights (CPR) and ESCR is less relevant: the ideological battleground now centres on the scope and nature of international cooperation, and so-called 'third generation rights'. Expectations should be realistic as to what an intergovernmental body can achieve but the Council's treatment of ESCR is undoubtedly an improvement on the situation prior its creation in 2006.
引用
收藏
页码:409 / 440
页数:32
相关论文
共 50 条
[41]   STATE RESPONSIBILITY AND ECONOMIC, SOCIAL AND CULTURAL RIGHTS: THE CHALLENGE COURTS HAVE AVOIDING THE OBSTACLES OF A TRADITIONAL THEORETICAL FRAMEWORK [J].
Agustin Pedroni, Mateo .
EN LETRA, 2018, 5 (09) :17-53
[42]   The 'Reasonableness' Test: AssessingViolations of State Obligations under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights [J].
Griffey, Brian .
HUMAN RIGHTS LAW REVIEW, 2011, 11 (02) :275-327
[43]   The Promise of the EU Charter of Fundamental Rights (and Brexit) on the Implementation of Economic and Social Rights among EU Member States [J].
Pillay, Nirmala .
LAWS, 2021, 10 (02)
[45]   Interpretation of the United Nations Covenant on Economic, Social and Cultural Rights: Rules, Hermeneutical Criteria and Comparisons [J].
Seatzu, Francesco .
ANUARIO MEXICANO DE DERECHO INTERNACIONAL, 2012, 12 :339-364
[46]   Shaping the liberal international order from the inside: A natural experiment on China's influence in the UN human rights council [J].
Pauselli, Gino ;
Urdinez, Francisco ;
Merke, Federico .
RESEARCH & POLITICS, 2023, 10 (03)
[47]   The obligations of 'international assistance and cooperation' under the International Covenant on Economic, Social and Cultural Rights. A possible entry point to a human rights based approach to Millennium Development Goal 8 [J].
Carmona, Magdalena Sepulveda .
INTERNATIONAL JOURNAL OF HUMAN RIGHTS, 2009, 13 (01) :86-109
[48]   CONTRIBUTIONS OF GENERAL COMMENT NO. 26 OF THE UNITED NATIONS COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS TO THE PROGRESSIVEAFFIRMATION OF LAND ASA HUMAN RIGHT [J].
Schreinmoser, Christoph R. .
REVISTA ELECTRONICA DE ESTUDIOS INTERNACIONALES, 2023, (46) :279-297
[50]   Protection and Assistance to the Family: Interpreting and Applying Article 10 of the International Covenant on Economic, Social and Cultural Rights from Learnt and Lived Experiences [J].
Casla, Koldo ;
Barker, Lyle .
JOURNAL OF HUMAN RIGHTS PRACTICE, 2024, 16 (02) :489-511