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.
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