1. HUMAN RIGHTS LAW. Ahmed T. Ghandour.

2. CHAPTER 8. ECONOMIC, SOCIAL AND CULTURAL RIGHTS.

3. VIENNA DECLARATION OF HUMAN RIGHTS.

4. VIENNA DECLARATION AND PROGRAMME OF ACTION  Vienna Declaration and Programme of Action which has Adopted by the World Conference on Human Rights in Vienna on 25 June 1993 stated that:-  All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.

5. WHAT SHOULD WE KNOW?

6. A) FOUR GENERATIONS OF HUMAN RIGHTS.  First generation of Human Rights  Had origin in the National Assembly realized during the French revolution, in which emerged the fundamental rights, whom were added to various countries' constitutions.  Second generation of Human Rights  This step was after the World War II, the social, economical and cultural rights were added. That was the result of many tragedies that happened mainly by the inequality of races.  The third generation of Human Rights consists in the solidarity rights which wanted to encourage the harmonious progress, like the cooperation between countries.  Fourth generation of Human Rights  These aren't well defined, some people think that is another step of the third generation, and other people think that are the application of new technologies.

7. B) ESC RIGHTS ARE NOT SUB-ORDINATE TO CIVIL & POLITICAL RIGHTS.

8. WHAT ARE THE UN INSTRUMENTS WHICH PROTECT ESC RIGHTS.

9. I. THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL & CULTURAL RIGHTS.

10.  International Covenant on Economic, Social and Cultural Rights Had adopted in New York, 16 December 1966 by the GA of the United Nations. And entered into force in 3 January 1976. Where states recognizing that these rights derive from the inherent dignity of the human person, Recognizing 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 economic, social and cultural rights, as well as his civil and political rights, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, Realizing 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,

11. 1. THE RIGHTS GUARANTEED.  It is important to know that; The Covenant follows the structure of the UDHR and the ICCPR, with a preamble and thirty-one articles, divided into five parts as follows:-

12. PART 1. ARTICLE 1. (COMMON ARTICLE).  recognises the right of all peoples to self- determination, including the right to "freely determine their political status", pursue their economic, social and cultural goals, and manage and dispose of their own resources. It recognises a negative right of a people not to be deprived of its means of subsistence, and imposes an obligation on those parties still responsible for non-self governing and trust territories (colonies) to encourage and respect their self- determination

13.  Part 2 (Articles 2–5) establishes the principle of "progressive realisation" – see below.  It also requires the rights be recognised "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.  The rights can only be limited by law, in a manner compatible with the nature of the rights, and only for the purpose of "promoting the general welfare in a democratic society.  Principle of progressive realisation:  Article 2 of the Covenant imposes a duty on all parties to take steps... to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.  This is known as the principle of "progressive realisation". It acknowledges that some of the rights (for example, the right to health) may be difficult in practice to achieve in a short period of time, and that states may be subject to resource constraints, but requires them to act as best they can within their means.

14.  Part 3 (Articles 6–15) lists the rights themselves. These include rights to work, under "just and favourable conditions, with the right to form and join trade unions (Articles 6, 7, and 8);  social security, including social insurance (Article 9);  family life, including paid parental leave and the protection of children (Article 10);  an adequate standard of living, including adequate food, clothing and housing, and the "continuous improvement of living conditions" (Article 11);  health, specifically "the highest attainable standard of physical and mental health" (Article 12);  education, including free universal primary education, generally available secondary education and equally accessible higher education. This should be directed to "the full development of the human personality and the sense of its dignity, and enable all persons to participate effectively in society (Articles 13 and 14);  participation in cultural life (Article 15).  Many of these rights include specific actions which must be undertaken to realise them.

15. 2. THE SYSTEM OF INTERNATIONAL CONTROL.

16.  Part 4 of the Covenant; especially (Articles 16– 25) governs the reporting and monitoring of the Covenant and the steps taken by the parties to implement it.  It also allows the monitoring body – originally the United Nations Economic and Social Council – but now the Committee on Economic, Social and Cultural rights to make general recommendations to the UN General Assembly on appropriate measures to realise the rights (Article 21)

17. COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS.  The Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties. The Committee was established under ECOSOC Resolution 1985/17 of 28 May 1985 to carry out the monitoring functions assigned to the United Nations Economic and Social Council (ECOSOC) in Part IV of the Covenant.

18.  All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially within two years of accepting the Covenant and thereafter every five years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.  In addition to the reporting procedure, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which entered into force on 5th May 2013, provides the Committee competence to receive and consider communications from individuals claiming that their rights under the Covenant have been violated. The Committee may also, under certain circumstances, undertake inquiries on grave or systematic violations of any of the economic, social and cultural rights set forth in the Covenant, and consider inter-state complaints.  The Committee meets in Geneva and normally holds two sessions per year, consisting of a three-week plenary and a one-week pre- sessional working group.  The Committee also publishes its interpretation of the provisions of the Covenant, known as general comments.

19.  Membership  The Committee on Economic, Social and Cultural Rights is composed of 18 independent experts who are persons of high moral character and recognized competence in the field of human rights.  Members are elected for a term of four years by States parties in accordance with ECOSOC Resolution 1985/17 of 28 May 1985. Members serve in their personal capacity and may be re-elected if nominated.  The current membership of the Committee on Economic, Social and Cultural Rights (as of 23 February 2015):

20.  Elections  The Committee on Economic, Social and Cultural Rights is composed of 18 independent experts - persons of high moral character and recognized competence in the field of human rights. Nominations for membership on the Committee may be made by States parties to the International Covenant on Economic, Social and Cultural Rights, in accordance with Resolution 1985/17 of the Economic and Social Council (ECOSOC) of 28 May 1985. Members are elected for a term of four years by ECOSOC Member States. Committee Members serve in their personal capacity and may be re-elected if nominated.  In accordance with ECOSOC Resolution 1985/17 (paragraph (b), in regard to the composition of the Committee, due consideration must be given to equitable geographical distribution and to the representation of different forms of social and legal systems.  The term of service of half of the current Members will expire on 31 December 2016.