A/HRC/32/31
18.
There is also the question of the legitimacy of the overall human rights enterprise.
The economic and social rights framework is increasingly portrayed by critics as being
toothless and ineffectual and bringing small or no returns in terms of social justice. Based
on such critiques, commentators have argued that only a radically different, non-human
rights-based, language could meaningfully address these challenges, that economic and
social rights mandates are diverting resources away from the rights that matter, that only
political parties and social movements and not human rights groups have the potential to
achieve social justice objectives, and that free markets and private enterprise hold the key to
economic and social rights in the wake of clear governmental failures in this domain.
19.
Closely linked to this loss of legitimacy is a loss of credibility in the eyes of rights
holders. The second-class status of economic and social rights has deeply negative
consequences for the potential of the human rights movement to gain the widespread
support that it needs in order to establish its credibility in the eyes of the literally billions of
people whose fundamental needs continue to be of only minor relevance to the core human
rights agenda. The fact that the movement is subject to powerful challenges at the global
level is due in significant part to the perception that its overriding preoccupations do little
or nothing to address the most abiding and pressing challenges confronted by a large part of
humanity.
III. Understanding and acting upon States’ economic and social
rights obligations
20.
States’ obligations under human rights treaties are described in different ways in
different treaties. In civil and political rights contexts, the obligation is to respect and to
ensure, whereas economic, social and cultural rights standards reflect an obligation to
recognize the rights and take steps to realize them progressively. In spelling out those
obligations, international bodies and commentators have commonly identified duties to
protect, respect and fulfil.
21.
However, in the 50 years since the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and Cultural Rights were
adopted, extensive experience has been gained at both the international and national level,
which enables us to identify the key ingredients in successful approaches to the recognition
and implementation of human rights obligations. Three are of particular salience in relation
to economic and social rights: (a) the need to accord legal recognition to the rights; (b) the
need for appropriate institutional arrangements to promote and facilitate realization of the
rights; and (c) the need for measures that promote governmental accountability. This can be
termed the recognition, institutionalization and accountability framework, or the RIA
framework, and its implications for economic and social rights are considered below.
A.
Legal recognition
22.
The International Covenant on Economic, Social and Cultural Rights contains three
principal types of obligation. The first, and the most consistently ignored or underestimated,
is the obligation to recognize each of the particular rights. The second is to take steps
through all appropriate means, including particularly the adoption of legislative measures.
The third is the obligation to “guarantee” the exercise of the relevant rights without
discrimination.
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