Justiciability of Economic, Social and Cultural Rights

Jordan Daci
Abstract:
Human Rights are natural rights that nature has given to all human beings and are inseparable, undividable and inalienable from human beings. They are vital, necessary and indispensable to a modern society, which without them would be unable to function and cannot be developed. From another perspective, “human rights are indivisible rights on individuals, based on their nature as human beings; they protect these potential attributes and holdings that are essential for a worthy life of human beings”. Human Rights in general and especially ESCR would be just illusory if they wouldn’t be justiciable. In relation to civil and political rights, it is generally taken for granted that judicial remedies for violations are essential. Regrettably, the contrary assumption is too often made in relation to ESCR. This discrepancy is not warranted either by the nature of the rights or by the relevant Covenant provisions, but is rather a result of states’ attempts to justify their failure to perform their obligations under ICESCR.

Keywords:
Justiciability of ESCR; ICESCR; Pacta sun Servanda; Right to Effective Remedy; Judicial enforcement of Human Rights; Self-executing Human Rights

Full text available in PDF: Academicus-MMXIV-9-055-068.pdf

Digital Object Identifier (DOI): http://dx.medra.org/10.7336/academicus.2014.09.04

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