International Covenant on Economic, Social

and Cultural Rights (ICESCR)

Overview, Origin, Parts and Core Provisions

By: Daniel Kien Gaudiel Jr.
Richard P. Pealosa
ICESCR Overview
Type : United Nation General Assembly Resolution
Drafted : 1954
Signed : December 16, 1966
Location : United Nations Head Office, New York
Effective : January 3, 1976
Signatories : 70 countries
Parties : 162 countries as of 2014
Languages : French, English, Russian, Chinese, and
Spanish


ICESCR Origin and mode of
formation
Economic and Social Council- early in the process of drafting
Declaration on the Essential Rights of Man there is a
significant differences between UN members on the relative
importance of Negative Civil and Political (obliged inaction)
versus Positive Economic, Social and Cultural rights to be split
into two separate covenants, "one to contain civil and political
rights and the other to contain economic, social and cultural
rights."The two covenants were to contain as many similar
provisions as possible, and be opened for signature
simultaneously
ICESCR Origin and mode of
formation
It followed the structure of UDHR (Universal
Declaration of Human Rights) and ICCPR
(International Covenant on Civil and Political Rights)
with preamble and 31 articles divided into 5 parts





Five Parts
1. Article 1-recognizes the right of all peoples to self-
determination, including the right to "freely determine their
political status, pursue their economic, social and cultural
goals, and manage and dispose of their own resources

2. Articles 2 5 - establishes the principle of "progressive
realization It also requires the rights be recognized "without
discrimination of any kind as to race, color, sex, language,
religion, political or other opinion, national or social origin,
property, birth or other status

Five Parts
3. Part 3 (Articles 6 15) lists the rights themselves.
These include rights to
work, under "just and favourable conditions", with the right to form and join
trade unions (Articles 6, 7, and 8);
Social Security (Article 9);
family life, including paid parental Leave and the protection of children
(Article 10);
Adequate Standard of Living (Article 11);
health, specifically "the highest attainable standard of physical and mental
health" (Article 12);
Education (Articles 13 and 14);
participation in cultural life (Article 15).

Many of these rights include specific actions which must be undertaken to
realize them

Five Parts

4. Part 4 (Articles 16 25) governs reporting and monitoring of
the Covenant and the steps taken by the parties to implement
it.

5. Part 5 (Articles 26 31) governs ratification, entry into force,
and amendment of the Covenant.

CORE PROVISIONS
1. Principle of Progressive Realization
2. Labor Rights
3. Right to social security
4. Right to family life
5. Right to an adequate standard of living
6. Right to health
7. Right to free education
8. Right to participation in cultural life
CORE PROVISIONS
1. Principle of Progressive Realization (Article 2)
- It acknowledges that some of the rights (for
example, the right to health) may be difficult in
practice to achieve in a short period of time, and
that states may be subject to resource constraints,
but requires them to act as best they can within
their means.


CORE PROVISIONS
2. Labor Rights (Article 6, 7 & 8) -
a. Right to Work - opportunity of everyone to gain
their living by freely chosen or accepted work
b. Full Employment - right implies parties must
guarantee equal access to employment and
protect workers from being unfairly deprived of
employment
c. Prevent Discrimination in the work place
d. Prohibit Child Labor


CORE PROVISIONS
e. right of everyone to "just and favourable" working
conditions ( fair wages, safe working conditions,
equal opportunity in the workplace)

f. right of workers to form or join trade unions and
protects the right to strike
CORE PROVISIONS
3. Right to social security- recognizes "the right of
everyone to social security, including social insurance
4. Right to family life ( Childrens right, Fathers right,
Mothers Right and Reproductive Right) - recognizes the
family as "the natural and fundamental group unit of
society", and requires parties to accord it "the widest
possible protection and assistance.
5. Right to an adequate standard of living ( Right to
food, Right to Water, Right to Housing and Right to Clothing) -
recognizes the right of everyone to an adequate
standard of living
CORE PROVISIONS
6. Right to health - recognizes the right of everyone
to "the enjoyment of the highest attainable standard
of physical and mental health

7. Right to free education - the right of everyone to
free education (free for the primary level and "the
progressive introduction of free education" for the
secondary and higher levels)

CORE PROVISIONS
8. Right to participation in cultural life (Right to
Science and Culture, Right to Development, Right to Public
Participation) - recognises the right of everyone to
participate in cultural life, enjoy the benefits of
scientific progress, and to benefit from the protection
of the moral and material rights to any scientific
discovery or artistic work they have created
Where Do Human Rights Begin?
In small places, close to home, so close and so
small that they cannot be seen on any maps of the
world. Yet they are the world of the individual
person, the neighborhood he lives in, the factory,
farm, or office where he worked. Such are the
places where every man, woman, and child seeks
equal justice, equal opportunity, equal dignity
without discrimination. Unless these rights have
meaning there, they have little meaning anywhere.

Eleanor Roosevelt, 1958


THANK YOU VERY
MUCH!!!