Assignment on

Economic, Social and Cultural Rights under ICESCR

Course Title: Law of Human Rights

Course Code: LLBH 303

Prepared for Prepared by

Course Teacher’s Name: Ms.Mirza Farzana Student’s Name: Sadia Afrin
Iqbal Chowdhury
Student’s ID: 191011054(2)
Teacher’s Post: Assistant Professor
Department of Law
Department of Law
Green University of Bangladesh
Green University of Bangladesh

Date of Submission: 26/03/2021

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Table of Contents

Introductory Issue ........................................................................................................................... 3

1.1Introduction ........................................................................................................................... 3
1.2 Objectives of the Study ......................................................................................................... 3
1.3 Methodology of the study .................................................................................................... 3
1.4 Limitations of the study ........................................................................................................ 3
2.Origin of International Covenant on Economic Social and Cultural Rights (ICESCE) ................... 4
3. PREAMBLE ................................................................................................................................... 4
4. Summary of the International Covenant on Economic Social and Cultural Rights (ICESCE) ...... 5
Part 1 (Article 1 ........................................................................................................................... 5
Part 2 (Articles 2–5) .................................................................................................................... 5
Part 3 (Articles 6–15) .................................................................................................................. 5
Part 4 (Articles 16–25.................................................................................................................. 5
Part 5 (Articles 26–31) ................................................................................................................ 5
5. Why part three is important in ICERCE? ................................................................................. 6
6. Optional Protocol ..................................................................................................................... 6
Reservations Of Bangladesh ........................................................................................................... 7
Conclusion ....................................................................................................................................... 7
Reference: ....................................................................................................................................... 8
Website: ...................................................................................................................................... 8
Book: ........................................................................................................................................... 8

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Introductory Issue
1.1Introduction

The convention was adopted in conjunction with ICCPR to build up UDHR rights, it a ‘second
generation’ rights. It was shaped for signature in 1966. The ICESCR give importance on food,
education, health and shelter.

In 1966, two divide treaties, cover almost completely all the rights enshrined in the Universal
Declaration of Human Rights were adopted after in the order of 20 years of discussions: one for
civil and political rights, the International Covenant on Civil and Political Rights (ICCPR), and
other one for economic, social and cultural rights, the International Covenant on Economic,
Social and Cultural Rights (ICESCR). The ICESCR was accepted by the United Nations General
Assembly on 16 December 1966 and entered into force on 3 January 1976.

1.2 Objectives of the Study

This assignment has been conducted with the following objectives;

1. To develop an understanding the International Covenant on Economic, Social and Cultural

Rights (ICESCR) under International human right.

2. Drawing its problems and solution.

3. To analyze the right of ICESCR.

1.3 Methodology of the study

The methods and techniques of data collection are the key mechanism in an obligation. The
method must be steady with the objectives of the study that can cover the whole area of
attention. In this study only secondary data have been composed. Secondary information has
been collected from concerned books, journals, periodicals, other materials and teacher
lectures.

1.4 Limitations of the study

No assignment is free from certain limitations. Following are the limitations:

1. This study has been lead in a specific ground especially in books, journals, periodicals, other
materials, and teacher lectures.

2. This study has been able within a short time. For such a time constraint it is not possible to
collect detailed data and information on the issue in the current pandemic situation in the
world.

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Picture no:1

2.Origin of International Covenant on Economic Social and Cultural

Rights (ICESCE)
International Covenant on Economic Social and Cultural Rights (ICESCE) is furthermore element
of International Bill of Rights. The same as the name itself says, this covenants deals through
economic, social and cultural rights. These rights were propagated by the eastern countries,
they emphasized that economic social and cultural rights are moreover in the same way
significant as that of civil and political rights. An economic right relates to economic up
progression and so it brings the excellence in life. Correspondingly, a social and cultural right
also encourages individuality improvement. The International Covenant on Economic, Social
and Cultural Rights (ICESCR) is an all-party treaty accepted by the United Nations General
Assembly on 16 December 1966 and came in oblige from 3 January 1976. The same as of July
2020, the Covenant has 171 parties.

3. PREAMBLE
The Preamble of ICESCR is extraordinarily comparable to the Preamble of UDHR and ICCPR. The
Preamble of ICESCR recognizes the natural self-respect, equal and unchallengeable rights of all
members of the human family. These credentials highlighting the foundation of freedom, fair
dealing and peace in the world. The Preamble of both the Covenants; I.C.C.P.R. and I.C.E.S.C.R.
are familiar with the intrinsic dignity and of the equal and inalienable rights of all the members
of human family is the establishment of freedom, justice and peace in the world. The ultimate
of complimentary human beings enjoying civil and political freedom and freedom from terror
and want can merely be achieved if circumstances are formed whereby each person may enjoy
the civil and political rights, as well as his economic, social and cultural rights.

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4. Summary of the International Covenant on Economic Social and
Cultural Rights (ICESCE)
The Covenant follows the construction of the UDHR and the ICCPR, with a preamble and thirty-
one articles and five parts.

Part 1 (Article 1) recognizes the right of all common to self-determination, together with the
right to "freely determine their political status", follow their economic, social and cultural goals,
and administer and arrange of their own property. It recognizes a harmful right of a community
not to be disadvantaged of its resources of survival, and imposes a responsibility on those
parties still accountable for non-self governing and trust colonies to give confidence and high
opinion their self-determination.

Part 2 (Articles 2–5) establishes the opinion of "progressive realization”. it also requires the
rights be accepted "without favoritism of any variety as to race, colour, sex, language, religion,
political or other judgment, national or social basis, property, birth or other rank”. The
constitutional rights can only be restricted by law, in a approach companionable with the
nature of the rights, and only for the reason of "promoting the common welfare in a
independent society"

Part 3 (Articles 6–15) These incorporate rights to work, below "immediately and favorable
circumstances”, with the right to appearance 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 satisfactory normal of living, with sufficient food, clothing
and housing, and the "continuous development of living environment" (Article 11); health,
particularly "the uppermost reasonable ordinary of physical and mental health" (Article 12);
education, include free universal primary education, in general obtainable secondary education
and regularly to hand higher education. This be theoretical to be heading for to "the full
expansion of the human individuality and the sense of its self-respect” and enable all persons to
contribute efficiently in society (Articles 13 and 14); contribution in cultural life (Article 15).

Part 4 (Articles 16–25)the governs treatment and monitor of the Covenant and the
stepladder in use by the parties to realize it. It as well allows the monitoring body – in the
beginning the United Nations Economic and Social Council – at the present the Committee on
Economic, Social and Cultural Rights – see lower than – to construct universal recommendation
to the UN General Assembly on appropriate measures to comprehend the rights (Article 21)

Part 5 (Articles 26–31) the governs approval, access into force, and adjustment of the
Covenant.

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5. Why part three is important in ICERCE?
I thing this part as negative and positive rights are rights to necessitate moreover execution
(positive rights) or operational (negative rights), many of these aforesaid rights take account of
definite proceedings which necessity be undertaken to recognize them, as both are positive
economic, social and cultural rights that go additional than comparatively inaction-based civil
and political negative rights. So it is significant branch in ICERCE under human rights.1

6. Optional Protocol
An international treaty allows sufferers of contravention of economic, social and cultural rights,
to current complaints at the international level. When citizens cannot access justice in the
courts of their country for violation of economic, social and cultural rights (ESCR), they can
convey a grievance to the UN Committee on Economic, Social and Cultural Rights (CESCR).

The optional Protocol-ICESCR is furthermore a influential tool for encouragement. All States
parties to the International Covenant on Economic, Social and Cultural Rights (ICESCR)
encompass the compulsion to high opinion, defend and complete ESCR. The OP-ICESCR
reinforces that all rights violations be obliged to have a medicine, most important in their own
country, but at the international height if essential. The OP-ICESCR gives advocates a
instrument to push for improvements in their individual judiciary system, as well as for laws and
policies that protected and move forward ESCR. The recommendations of the Committee on
ESCR in up-and-coming hand baggage can be utilized to be of assistance understand human
rights obligations.
The Optional Protocol includes three measures:

1. A complaints procedure
2. An investigation procedure
3. An inter-State complaints procedure

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is
an global treaty establishing complaint and investigation mechanism for the International
Covenant on Economic, Social and Cultural Rights. It was adopted by the UN General Assembly
on 10 December 2008, and opened for signature on 24 September 2009. The same as of
October 2018, the Protocol has 45 signatories and 24 state parties. It entered keen on oblige on
5 May 2013. 2

1
https://en.wikipedia.org/wiki/Economic,_social_and_cultural_rights
2

https://en.wikipedia.org/wiki/Optional_Protocol_to_the_International_Covenant_on_Economic,_Social_and_Cult
ural_Rights

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Reservations Of Bangladesh
Bangladesh interprets the self-determination clause in Article 1 as applying in the chronological
background of colonialism. It also reserves the right to infer the labour rights in Articles 7 and 8
and the non- discrimination of Articles 2 and 3 within the context of its organization and
domestic law.3

Conclusion
After the first and second world wars, the international community acknowledged that the
world considered necessary an association to encourage peace and unity in all world. Founded
in 1945, this new association, the United Nations (UN), instantly began writing quite a lot of
documents to save from harm human rights. The UN also accepted the International Covenant
on Economic, Social and Cultural Rights (ICESCR) in 1966. The ICESCR goals to encourage and
protected human rights in an individual’s economic, social and cultural being. This includes
caring the right to an sufficient typical of living, the right to education, the right to fair wages
and the right to safe working conditions. The ICESCR requires territories to take steps, together
with legislative procedures, to complete the ‘progressive realization’ of ICESCR rights. This
requires countries to reveal in good faith the execution of the rights over time, within their
capacities. For illustration, it is unspecified that where states have insufficient capital to make in
no doubt free education is provided, they will effort towards achieving this aspiration.

3
Chowdhuey Mirza Farzana Iqbal law of human rights

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Reference:
Website:
https://en.wikipedia.org/wiki/Economic,_social_and_cultural_rights
https://en.wikipedia.org/wiki/Optional_Protocol_to_the_International_Covenant_on_Economic,_Social_and_Cult
ural_Rights

Book:
Chowdhuey Mirza Farzana Iqbal law of human rights

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