Accountability for violations of economic, social and cultural rights

Annick Pijnenburg

Chapter 11 in Research Handbook on Accountability for Human Rights Violations, 2025, pp 182-196 from Edward Elgar Publishing

Abstract: This chapter examines issues of accountability for violations of economic, social and cultural rights (ESC rights). It first clarifies the nature and content of states’ obligations regarding ESC rights under international human rights law. It takes as its starting point Article 2(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), as interpreted by the UN Committee on Economic, Social and Cultural Rights (CESCR). It clarifies the following elements of Article 2(1): ‘take steps’, ‘to the maximum of its available resources’, ‘achieving progressively the full realization of the rights’, and ‘through international assistance and co-operation’. It also discusses the CESCR's doctrine of core obligations and the tripartite obligations to respect, protect and fulfil ESC rights. The analysis also includes the question of the justiciability of ESC rights. It shows that practice increasingly confirms that these rights are justiciable, albeit often indirectly, notably through civil and political rights, the principle of non-discrimination, and procedural rights. The chapter further discusses accountability mechanisms in Europe, the Americas and Africa as well as at the international level (notably the Optional Protocol to the ICESCR). Finally, it explores the obligations of other actors than states: business enterprises and international financial institutions. It concludes that, although challenges remain, progress has been made when it comes to accountability for violations of ESC rights, especially as regards clarifying the content of these rights and their corresponding obligations, and accepting that these are legal and justiciable rights rather than mere policy aspirations.

Keywords: Economic; Social and cultural rights; Justiciability; International Covenant on Economic; Social; and Cultural Rights; Regional mechanisms; International mechanisms; Other actors (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035306923
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