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The International Covenant on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights Cases, Materials, and Commentary

Author: Ben Saul; David Kinley; Jaqueline Mowbray
Publisher: Oxford University Press
ISBN: 9780198790464

Published In: May 2016
Format: Paperback , 1360 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780199640300

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Provides a comprehensive analysis of the articles of the International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Examines each provision of the Covenant by reference to its drafting, and the interpretation of economic and social rights by UN bodies, regional organisations, and key national legal systems
Assesses the economic, social, and cultural rights outside the ICESCR, such as the right to water, the rights of indigenous peoples, and environmental rights

This book brings together all essential documents, materials, and case law relating to the International Covenant on Economic, Social and Cultural Rights (ICESCR) and its Optional Protocol, one of the most important human rights instruments in international law. This book presents extracts from primary material alongside commentary and analysis, placing the documents in their wider context and situating economic, social, and cultural rights within the broader human rights framework.

There is increasing interest internationally, regionally, and in domestic legal systems in the protection of economic, social, and cultural rights. The Optional Protocol of 2008 allowed for individual communications to be made to the UN Committee on Economic, Social and Cultural Rights for the first time. At the regional level, socio-economic rights are well embedded in human rights systems in Europe and Africa. At the national level, constitutions and courts have increasingly regarded socio-economic rights as justiciable, narrowing the traditional divide with civil and political rights.

This book contextualises these developments within the role and impact of the ICESCR, and assesses the nature of those rights which are outside the Convention, such as the right to water, the rights of indigenous peoples, the right to development, and rights to peace and security. Providing detailed analysis of the ICESCR structured around its articles, drawing on national as well as international case law and materials, and containing all of the key primary materials in its extensive appendices, this book is ideal for the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.

Readership: Students and scholars of international human rights law; Judges and human rights practitioners; Human rights activists

Introduction: International Law and Economic, Social, and Cultural Rights
PART I: ICESCR RIGHTS
1: Article 1: Self-Determination
2: Article 2(1): Progressive Realisation
3: Article 2(2)-(3): Non-Discrimination
4: Article 3: Equality
5: Article 4: Limitations and Correlative Duties
6: Article 5: Duties to Respect Rights
7: Article 6: Right to Work
8: Article 7: Fair Conditions of Work
9: Article 8: Trade Unions
10: Article 9: Social Security
11: Article 10: Family Rights
12: Article 11: Adequate Standard of Living, including Food, Clothing, Housing
13: Article 12: Health
14: Article 13: Education
15: Article 14: Primary Education
16: Article 15: Cultural Rights
PART II: SOCIO-ECONOMIC RIGHTS OUTSIDE THE ICESCR
17: The Right to Development
18: Environmental Rights
19: Rights to Water
20: Rights of Indigenous Peoples
21: Rights to Peace and Security
APPENDICES
A: International Covenant on Economic, Social and Cultural Rights 1966
B: Optional Protocol to the International Covenant on Economic, Social and Cultural Rights 2008
C: States Parties to the ICESCR
D: States Parties to the Optional Protocol to the ICESCR
E: Members (Past and Present) of the UN Committee on Economic, Social and Cultural Rights
F: First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms
G: Revised European Social Charter 1996
H: Additional Protocol to the American Convention On Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador)
I: African Charter of Human and People's Rights 1981, articles 15 (right to work), 16 (right to health), 17 (right to education)
J: European Union Charter of Fundamental Rights 2000
K: UN Declaration on the Right to Development 1986
L: UN General Assembly Resolution 64/292 (2010) on the Human Right to Water and Sanitation
M: UN General Assembly Declaration on the Rights of Indigenous Peoples, Resolution 61/295 (2007)
N: UN General Assembly Resolutions on the Right to Food (various)
O: Extracts from the Constitution of the Republic of South Africa 1996
P: Extracts from the Constitution of the Republic of India 1950
Q: Extracts from selected national constitutions

Edited by Ben Saul, Professor of International Law, Sydney Law School, Co-Director of the Sydney Centre for International Law, David Kinley, Professor of Human Rights Law, Sydney Law School, and Jaqueline Mowbray, Senior Lecturer, Sydney Law School

Ben Saul is Professor of International Law at the Sydney Centre for International Law at The University of Sydney, and a barrister. He is internationally recognised for his work on terrorism, human rights, the law of armed conflict, and international criminal law, and his research has been cited in various international and national courts. He has published five books, over 50 refereed journal articles and book chapters, and over 150 other publications, and delivered hundreds of public seminars. He has taught law at Oxford, Sydney, UNSW, and in China, India, Nepal and Cambodia, and conducted training for numerous governments (including Iraq, Kuwait, Algeria, Laos, Nepal and Bhutan).

Professor David Kinley holds the Chair in Human Rights Law at University of Sydney, and is the Law Faculty's Associate-Dean (International). He is also an Academic Panel member of Doughty Street Chambers in London. He has previously held positions at Cambridge University, The Australian National University, the University of New South Wales, Washington College of Law, American University, and most recently was the founding Director of the Castan Centre for Human Rights Law at Monash University (2000-2005). He was a Senior Fulbright Scholar in 2004, based in Washington DC, and Herbert Smith Visiting Fellow at the Faculty of Law, University of Cambridge during the first half of 2008. He has written and edited eight books and more than 80 articles, book chapters, reports, and papers.

Jacqueline Mowbray is a Senior Lecturer in Law at the University of Sydney. She also teaches on the European Regional Master's Degree in Democracy and Human Rights in South-East Europe, based in Sarajevo. She is a graduate of the Universities of Queensland (BA/LLB (Hons)), Melbourne (LLM) and Cambridge (LLM (Hons), PhD).