A/HRC/11/6
page 13
international community as a whole continue to tolerate all too often breaches of economic,
social, and cultural rights, which, if they occurred in relation to civil and political rights, would
provoke expression of horror and outrage and would lead to concerted calls for immediate
remedial action” (E/1993/22, Annex III, para. 5).
38. The conception of economic, social and cultural (ES)22 rights largely as “aspirational”
rights that can be progressively realized depending on the resources available to a State by
contrast with civil and political (CP) rights conceived as “obligatory” rights to be guaranteed
immediately has also been criticized by feminist scholars, who have argued that the fulfilment of
the latter can also be seen as a process of progressive realization.23 Both Covenants impose
positive duties on governments to comply with their obligations without discrimination. While
the implementation of all human rights have an economic and material aspect,24 budgetary
limitations do not excuse a State of non-discriminatory compliance with its obligation to improve
the socio-economic conditions of people within its jurisdiction. States cannot for example,
introduce macroeconomic reforms in conjunction with multilateral economic institutions or trade
liberalization policies that might undermine its obligations under the International Covenant on
Economic, Social and Cultural Rights.25
39. Despite these human rights obligations, States in responding to VAW have tended to
focus more on reforming juridical and legal structures and less on alterations in economic
and social structures. Advancing women’s ES rights imposes “an affirmative obligation on
States to meet basic needs” and the implementation of practical strategies to ensure that this
outcome is achieved.26 In the context of global change and crises this is particularly crucial not
only to women’s enjoyment of ES rights but also for preventing the deepening of gender
disparities.
22
In light of the theme of this paper, the focus is on economic and social (ES), rather than
cultural rights.
23
Elson, loc. cit. (note 12 above), p. 80.
24
Nussbaum, Martha C.,“Women’s bodies: Violence, security, capabilities”, in Journal of
Human Development, Vol. 6, No. 2 (July 2005), pp. 167-183.
25
Chinkin, Christine, “The protection of economic, social and cultural rights
post conflict”, prepared for the Women’s Rights and Gender Unit, OHCHR,
Geneva, p. 19 (available at http://www2.ohchr.org/english/issues/women/docs/
Paper_Protection_ESCR.pdf).
26
Rubenstein, Leonard, S., “How international human rights organizations can advance
economic, social and cultural rights: A response to Kenneth Roth”, Human Rights Quarterly,
Vol. 26, No. 4 (2004), p. 851.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents