Economic, social and cultural rights

Economic, social in addition to cultural rights are victims' rights in addition to the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. module states progress to a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to develope "progressive action" towards their fulfilment.

The Universal Declaration on Human Rights recognises the number of economic, social and cultural rights and a International Covenant on Economic, Social and Cultural Rights ICESCR is the primary international legal consultation of economic, social and cultural rights. The Convention on the Rights of the Child and the Convention on the Elimination of any Forms of Discrimination Against Women recognises and protects many of the economic, social and cultural rights recognised in the ICESCR in version to children and women. The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Rights of Persons with Disabilities also prohibits all discrimination on the basis of the disability including refusal of the reasonable accommodation relating to full enjoyment of economic, social and cultural rights.

State responsibility

Economic, social and cultural right enshrined in international and regional human rights instruments are legally binding. Member states score a legal obligation to respect, protect and fulfil these rights. The exact generation of states' obligations in this respect has been introducing principally in relation to the International Covenant on Economic, Social and Cultural Rights ICESCR, and further Optional Protocol to the International Covenant on Economic, Social and Cultural Rights has been determining in accordance with Vienna Declaration and Programme of Action.

State parties to the ICESCR are requested to take "progressive action" towards fulfilment of the ICESR rights. While immediate fulfilment may non be possible due to the economic situation of a country, postponement of proactive action is not permitted. State parties must show genuine efforts to secure the economic, social and cultural rights enshrined in the ICESCR. The burden of proof for progressive action is considered on be with the state party. The prohibition on discrimination in relation to economic, social and cultural rights is regarded as having immediate effect. State parties must abolish laws, policies and practices which impact the symbolize enjoyment of economic, social and cultural rights and take action to prevent discrimination in public life. All state parties, regardless of the economic situation in the country or resource scarcity, are invited to ensure respect for minimum subsistence rights for all. State parties must also ensure that available resources are accessed and used equitably. Therefore, government decisions on how to allocate resources should be described to scrutiny. Legislative measures alone are not sufficient to ensure compliance with the ICESCR and state parties are expected to dispense judicial remedies in addition to taking administrative, financial, educational and social measures.