the essay is on the ICESCR and its optional protocol and the enforcement mechanisms it provides for. It is a well writtn assignment, with footnotes and a bibliography. However remember not to plagiarise!!!
Assignment submitted in accordance with the requirements for the degree of
BACHELOR OF LAWS
In the subject
International Human Rights Law
LCP4807
(Assignment 1)
DUE DATE 2 APRIL 2024
1
, Introduction
The International Covenant on Economic, Social and Cultural Rights was adopted on
the 16th of December 1966 and came into force on the 3 rd of January 1976. It was
adopted in accordance with the principles proclaimed in the Charter of the United
Nations on the recognition of human dignity and rights alongside with the Universal
declaration of Human Rights.1 The ICESCR is a second generational rights covenant
aimed at promoting economic, social and cultural rights.
State parties have responsibility for the promotion of economic, social and cultural
rights. Article 2 of the covenant mandates state parties to take steps individually and
through international assistance and cooperation to the maximum of their available
resources to achieve progressively the full realisation of the rights provided for in the
ICESCR. The state parties must guarantee economic, social and cultural rights to
everyone without exception and it is the state parties’ duty to protect each member of
society from any form of discrimination. This is done by affording everyone the same
rights in spite of sex, race, colour, language, religion, political opinion, nationality or
property2.
Rights under the ICESCR
There are a number of economic, social and cultural rights that are provided for
under ICESCR these rights are afforded to all individuals of the state parties. The
covenant provides for the right to self-determination, every people has the right to
determine issues such as its system of government, its economic policies, and how
to deal with its natural resources and no one can take away a people’s means of
subsistence. 3Article 3 of the covenant provides for the enjoyment of these rights
equally between men and women 4. Thirdly the covenant provides the right to work,
work in favourable conditions and the right to join and form trade unions 5. Moreover
the covenant provides for the right to social security 6, the right to family life which
1
International Covenant on Economic, Social and Cultural Rights (adopted 16 December
1966, came into force 3 January 1976) 2200A XXI (ICESCR) preamble.
2
ICESCR art 2.
3
ICESCR Art 1
4
ICESCR art 3.
5
ICESCR art 6-8.
6
ICESCR art 9.
2
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