A/HRC/4/37 page 8 2. International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights 15. In the preamble to the ICESCR, the States parties recognize that “in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his ESCR, as well as his civil and political rights”. The preamble to the ICESCR further considers “the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms”. The preamble then goes on to state that the States parties realize that “the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant”. 16. The ICESCR and the ICCPR share a common article 1 which provides, inter alia, that “(a)ll peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence”. 17. The economic, social and cultural rights, discussed further in section B below in the context of various activities of defenders, are protected by the following provisions in the ICESCR: article 6 (the right to work); article 7 (the right of everyone to the enjoyment of just and favourable conditions of work); article 8 (the right of everyone to form trade unions and join the trade union of his choice, including, inter alia, the right to strike); article 9 (the right to social security); article 10 (widest possible protection to be accorded to the family; marriage with the free consent of intending spouses; special protection to be accorded to mothers during a reasonable period before and after childbirth; special measures of protection and assistance for all children and young persons); article 11 (the right of everyone to an adequate standard of living, including adequate food, clothing and housing); article 12 (the right to enjoy the highest attainable standard of physical and mental health); article 13 (the right to education); and article 15 (the right of everyone, inter alia, to take part in cultural life). Furthermore, States parties have an obligation to guarantee that all ESCR are exercised “without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” (art. 2 (2)) and must be applied equally to men and women (art. 3). It is in the context of this provision that in chapter III below, the Special Representative focuses on defenders who are at particular risk, namely those who defend the rights of indigenous people and minorities; lesbian, gay, bisexual, transgender and intersex (LGBTI) persons and women human rights defenders. 3. Economic, social and cultural rights in other relevant international human rights instruments 18. The economic, social and cultural rights mentioned above are elaborated upon and protected by a number of conventions and declarations in addition to ICESCR. The following is not an exhaustive overview of these and the rights protected in them, but an outline of some of the most important ones.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents