CES214 | Economic and Social Rights under the International Human Rights Framework

The international human rights discourse is largely focused on the realisation of civil and political rights including the right to life, free speech and expression, right to vote etc. While economic and social rights are touched on in other foundational courses on human rights and public international law, this course aims to provide comprehensive understanding of Economic and Social Rights (ESRs), their significance, challenges in their realization, and strategies for advocacy and implementation.

The course is intended to introduce students to the International Covenant on Economic Social and Cultural Rights (ICESCR), and with this in mind, it comprehensively covers Articles 2-15 which lays down the normative scope of the Covenant. Classes shall cover each of the substantive rights laid down in the ICESCR as well as rights which have been consequently derived and recognized, including the right to water. Two classes outside this structure have been included based on my previous experience working in and researching these topics – (1) the right to health approach through the lens of the HIV/AIDS movement and (2) the applicability of human rights during conflict situations.

Reading materials include primary documents, and in the context of the ICESCR, the General Comments which provide authoritative interpretations of the treaty and guidance for its implementation. Case law and secondary materials including the Reports of UN Special. Rapporteurs and articles are also relied on.

The course will be in the format of a seminar-style discussion with student participation and preparation being key. In addition to a response paper assignment, students will also be expected to lead (either individually or in groups of 2-3) one seminar during the term and facilitate the class discussion; submit a term paper on a proposition pertaining to the course; and appear for an end-term examination covering the entire course syllabus.

The course structure may be divided into two sections. The first four weeks of the course will focus on the theoretical foundations of ESRs, the nature and scope of obligations under the International Covenant on Economic Social and Cultural Rights and the local and international enforcement mechanisms available to realise ESRs. It will also cover the ideological debates on the value and limits of ESRs and the human rights framework.

The latter part of the course will tackle each of the substantive rights laid out in the ICESCR (right to education, health, food etc) and derivative rights, looking at specific issues and challenges in realising these rights.