Analysis Of The International Covenant On Social And Cultural Rights

Social and economic rights are protected in several international human rights instruments, the most comprehensive of which is the International Covenant on Economic, Social and Cultural Rights (ICESCR or Covenant). In fact the approach commonly adopted to identify such a right is to assess whether it is included in the ICESCR.
2. 1 Overview of the ICESCR
The ICESCR is categorized into four parts. Part 1 recognises the right of all peoples to self-determination (Article 1). Part II incorporates general provisions that are applicable to all substantive rights under the ICESCR. This includes Article 2(1) which defines the nature of the obligations of the states parties to the Covenant. Article 2(2) deals with the principle of non discrimination, Article 3 is providing for equal rights for men and women, and Articles 4 and 5 focuses on general limitations. Part III i.e. from Articles 6-15 deals with substantive rights, Part IV i.e. Article 16- 25 focuses on international implementation and the system of supervision and Part V from Articles 26 to 31 deals with provisions of a human right treaty relating to the ratification, entry into force and the procedure for the amendment of the ICESCR.

2 States parties’ obligations under Article 2(1) of ICESCR
Article 2(1) of ICESCR is of paramount significance to the Covenant rights since it is the general legal obligation provision. Under Article 2(1) ICESCR:
“Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realisation of the rights recognised in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.”
The following human rights obligations of the State parties arise from Article 2(1) of ICESCR.
2.1.1 Obligation to ‘take steps . . . by all appropriate