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Economic Social and Cultural Human Rights vs. Civil and Political Human Rights

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Submitted By spyro7800
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Civil and political vs./and economic, social and cultural rights

Summary:

In the beginning of this essay I focused on differences between first and second generations of human rights and their respective covenants, as well as on reasons behind the decision to create two separate covenants. In second part, I defended the position of economic, social and cultural rights as real rights equal to civil and political rights by analyzing the important concept of "core" rights created by the Committee on Economic, Social and Cultural Rights. In the end, I dealt with justiciability of these rights, mostly focusing on new, soon available individual complaint procedure under the Optional Protocol to ICESCR.

Civil and political rights vs. economic, social and cultural rights

Human rights are usually divided into three generations. This essay is however going to focus only on first and second generation, namely political/civil rights and economic/social/cultural rights. The Universal Declaration of Human Rights of 1948 includes rights that are considered to be rights of both generations, but does not make the distinction between generations itself. While the first generation was further embodied in International Covenant on Civil and Political Rights (ICCPR), the second generations is contained in International Covenant on Economic, Social and Cultural Rights (ICESCR). These two covenants, together with first Optional Protocol to ICCPR, were adopted in the single UN General Assembly resolution in the same day in 1966. However, it is well known that the original conception was to create one covenant, which would include rights of both generations. There are significant differences between the rights contained in each of the Covenants. The main difference is in the nature of the obligation. While Article 2 of ICCPR contains immediate obligation to respect and…...

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