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