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1、http:/ 留学生论文专业定制代写网站留学生Essay写作经济、社会和文化权利INTRODUCTIONESCR have a powerful genealogy within the evolutionary history of universal human rights.1Indeed,in the very birthplace of human rights, in the Europe and America of the 18th century,2ESC rights were recognized as part of the essential purpose of h
2、uman society,to develop the moral and physical capacities of individuals and to dispense social justice.3Tracing the intellectual lineage of the international human rights movement,it is found to be a firmly embedded dogma that all human rights are interdependent,indivisible,interrelated,and consequ
3、ently,are deserving of equal respect.4Hence,at the time of drafting the Universal Declaration on Human Rights in 1948,all human rights were enshrined in the document,together forming an interrelated and mutually reinforcing normative framework for realizing the ideal of the free human in modernity.5
4、However,this elusive consonance of worldviews was soon disrupted in the course of framing legal obligations to effectuate the proclamation.This resulted from interplay between the dominant global political forces at the time. The process of positivisation thus ended with the creation of two separate
5、 covenants,the International Covenant for Civil and Political Rights and the International Covenant for Economic,Social and Cultural Rights, demoting ESC rights to relative inferiority,and imposing on these rights a second-class status compared to their CP counterparts.This divide arose at the time
6、because the UN intended a pragmatic compromise in the face of the vicissitudes of inter-state politics.The repeated affirmation by the UN of the indivisibility of human rights is not a matter of mere rhetoric.Even at the time of deciding to make two covenants,the GA passed a resolution affirming the
7、 indivisibility of the rights,and the UN has maintained this position at all levels of its operation.6Recent developments have aimed to reinstate the ESC rights to their deserved status in the human rights framework.The changes have been interpreted in many quarters as having largely dissipated the
8、concerns regarding the comparative status of ESC rights.7However,the historic imbalance has set ESCs on a different trajectory,and complete realignment of the two categories of rights will require more than redrawing of technical demarcations.Across the spectrum of actors in the international commun
9、ity,the prevalent view is,as Theo van Boven has observed,while the status of Civil and Political Rights as Human Rights is largely uncontested this is less true for Economic,Social and Cultural Rightswhichare sometimes referred to asaspirationsphrased in terms of rights but without legal enforceabil
10、ity.8The purpose of the present analysis is,firstly,to evaluate the extent to which it is correct to assert that the ESC rights continue to have a second-class status within the framework of international human rights law.The second part of the analysis examines the justifications offered for any co
11、ntinued subordination of ESC rights.This involves an appraisal of the full range of conceptual and practical objections that are invoked by opponents of the view that ESC rights are genuine human rights.The overarching thesis advanced through this discussion is that the perspective that ESC rights a
12、re not human rights on account of their dubious legal effectuality is fundamentally misconceived.The legalistic conceptualization of human rights is rejected in favour of a more holistic view of human rights as universal moral precepts sanctioned by law.A limited judicial role is envisaged,and in th
13、is regard,the jurisprudence of the Constitutional Court of South Africa is discussed in some depth, given that its adjudication on ESC rights is the most progressive among contemporary courts,and is demonstrative of a legitimate judicial contribution to the protection,promotion and fulfillment of ES
14、C rights.Before embarking on the analysis,it is necessary to address the preliminary issue of how the terms of reference are being used.Crucially, it must be asked when a right may be said to have the status of a human right.Van Boven makes his observation in the context of how this category of righ
15、ts is popularly perceived by the international community,including state and non-state actors.The relegation of ESC rights to a lower status is attributed to their general non-legal status and the unavailability of remedies for violations of such rights.9Secondly,the categoriescivil and political ri
16、ghtsandeconomic,social and cultural rightsrefer to the rights as contained in the International Bill of Rights,constituting the Universal Declaration on Human Rights (UDHR),the International Covenant on Civil and Political Rights(ICCPR)and the International Covenant on Economic,Social and Cultural Rights(ICESCR).Since its inception,the International Bill of Rights has been extensively elaborated and reinfo
