Economic, Social and Cultural Rights

This course has as its focal point economic, social and cultural rights (“ESCRs”) but these are viewed within a wider context, particularly of poverty, at both the global and local levels. Poverty is a gross violation of human rights and its eradication is necessary for the realisation of human rights. These rights and the eradication of poverty are also central to the development enterprise. The course therefore aims to provide an examination of ESCRs against this wider background. In the last thirty years emphasis has moved from reclaiming ESCRs, which are now well established in theory and increasingly in practice, to improving their implementation in the national and international spheres and evaluating impact. The course situates itself at the cutting edge of academic debate and global practice.

After an introduction to the wider context, the first part of the course will examine the nature and scope of ESCRs (to health, housing, water, food, education and work) and of other rights relevant to our topic. We will also consider the players who have obligations, responsibilities or influence in their delivery; and the institutions and tools available at international and domestic level to implement them.

The duration and intensive nature of this course mean that there must be limitations to its scope. Thus, there is little discussion of cultural rights and the consideration of marginalised groups is limited to a general discussion of equality and non-discrimination. Regional mechanisms are not directly addressed, although some regional instruments and cases are considered under specific topics. Environmental rights and sustainability are similarly not directly raised (Aspects of these topics are considered in Fundamentals and other summer courses). In the final seminar we will step back to reflect on the future of ESCRs.

Tutor: Adv Brickhill