Economic, Social and Cultural Rights (General)

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Progressive Realisation and Non-regression

Given the resource and knowledge restraints faced by many countries, the International Covenant on Economic, Social, and Cultural Rights recognizes the fulfillment of economic and social rights can only be achieved over time, and calls for the progressive realization...

Minimum Core Obligations

Governments, no matter what level of resources are at their disposal, are obligated to make sure that people living under their jurisdiction enjoy at least essential levels of protection of each of their economic, social, and cultural rights. While the ICESCR recognizes the principle of...

ESCR in National Constitutions

Economic, social and cultural rights are also recognized in national constitutions.

The EU Charter of Fundamental Rights was signed...

Special Procedures: Special Rapporteurs & Independent Experts

The Commission on Human Rights has established certain mechanisms to address thematic and country-specific human rights issues. One of these special procedures is the appointment of special rapporteurs or independent experts, whose mandate is to ...

Religious and Philosophical Traditions & Human Rights

Religious and philosophical traditions worldwide have expressed the importance of protecting society's weakest and most vulnerable sectors and has advocated “speaking truth to power” in the cause of fairness and justice. Around the world, communities of faith and conscience have been at the...

Dunmore v. Ontario (Attorney-General), [2001] 3 S.C.R. 1016.

In 1994 the Agriculture Labour Relations Act (ALRA) was passed to include agricultural workers in the Province of Ontario's labour relations regime. One year later a newly elected Conservative government repealed the ALRA. The Appellants challenged both the repeal of the ALRA and the exclusion of agricultural workers from the Labour Relations Act (LRA) as an infringement of the rights of agricultural workers to associate under section 2(d) of the Canadian Charter. They also alleged discrimination against a vulnerable class of workers, in violation of the right to equali

Länsman et al v Finland, Communication No. 511/1992, UN GAOR, 52nd Session, UN Doc. CCPR / C / 52D / 511 / 1992, opinion approved the 8 November 1994

A permit was granted by the Central Forestry Board to a private company to quarry stone from the Etela-Riutusvaara mountain. Indigenous members of the Muotkatunturi Herdsmen's Committee asserted that the quarrying of the stone and its transportation through their reindeer herding territory would violate their right to enjoy their culture under Article 27 International Covenant on Civil and Political Rights (ICCPR).

International Commission of Jurists v Portugal, No. 1/1998

The International Commission of Jurists (ICJ) alleged that a large number of children in Portugal (estimated at 200,000 children) worked in poor conditions that affected their health. The ICJ claimed that Portugal was violating article 7(1) of the European Social Charter (ESC) by failing to properly supervise child labour. The government disputed the ICJ's statistics, claiming a maximum of 27,000 children worked and only 2,500 children were paid workers and employed in contravention of the Charter.

World Organisation Against Torture (OMCT)

Country:

Switzerland

Working Group(s) / Area(s) of Work:

System of Solidarity

Case No. 2000-08-0109 Constitutional Court of Latvia (On Compliance of Item 1 of the Transitional Provisions of the Law On Social Insurance with Articles 1 and 109 of the Satversme (Constitution) of the Republic of Latvia and Articles 9 and 11 (the

Twenty deputies of the Latvian Parliament (the Saeima) claimed that certain employers were not paying social insurance premiums into a fund for their employees. The deputies asserted a breach of the constitutional right to social security and Articles 9 and 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) since the State had failed to ensure the relevant legislation ensured that premiums were paid by employers.