International Covenant on Economic, Social and Cultural Rights

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Parties to the ICESCR: states parties in dark green; states which have signed but not ratified in light green, non-states parties in grey
Parties to the ICESCR: states parties in dark green; states which have signed but not ratified in light green, non-states parties in grey

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976. It commits states parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals.

It was introduced as a second generation human rights treaty developing some of the issues contained in the Universal Declaration of Human Rights, at the same time as the International Covenant on Civil and Political Rights (ICCPR).

Contents

Each party to the covenant undertook to implement the allocate the "maximum of its available resources" to the "full realization of the rights" recognized in the agreement. These rights are expansive--much more so than the ICCPR or even the Universal Declaration of Human Rights. Some developed countries demanded that the positive rights and affirmative duties of the ICESCR be separated from the negative rights they more traditionally represented, so two Conventions were held.

Among the rights recognized by ICESCR are:

  • Universal right to work in whatever occupation one wants, with "decent living," paid vacations, and paid holidays.
  • Right to welfare, social security, and social insurance.
  • Right to food, housing, clothing, and "the continuous improvement of living conditions"
  • Right to health

As of July 2007, there were 157 states parties to the ICESCR. A further 4 states have also signed the treaty but have not ratified it. The states that are not states parties to the treaty are:

  1. Andorra
  2. Antigua and Barbuda
  3. Bahamas
  4. Bahrain
  5. Belize[1]
  6. Bhutan
  7. Botswana
  8. Brunei
  9. Comoros
  10. Cuba
  11. Fiji
  12. Haiti
  13. Kiribati
  14. Malaysia
  15. Marshall Islands
  16. Micronesia
  17. Mozambique
  18. Myanmar (Burma)
  19. Nauru
  20. Pakistan[2]
  21. Palau
  22. Papua New Guinea
  23. Oman
  24. Qatar
  25. Saint Kitts and Nevis
  26. Saint Lucia
  27. Samoa
  28. Saudi Arabia
  29. Singapore
  30. South Africa[3]
  31. Tonga
  32. Tuvalu
  33. United Arab Emirates
  34. United States[4]
  35. Vanuatu
  36. Vatican City

Although the Covenant has been widely adopted, the United States is one notable omission from the states parties. The US representative to the UN voted for the Covenant in 1966. However, it required the president's signature and the consent of two thirds of the Senate before being adopted by the US. Presidents Richard Nixon and Gerald Ford simply took no action on it. President Jimmy Carter eventually signed it, but the bill languished in the Senate. Presidents Ronald Reagan, George H.W. Bush, and George W. Bush opposed ratification. President Bill Clinton supported ratification, but sensing widespread opposition in Senate, did not push the matter.

  1. ^ Signed on 2000-09-06.
  2. ^ Signed on 2004-11-03.
  3. ^ Signed on 1994-10-03
  4. ^ Signed on 1977-10-05 by President Jimmy Carter. The U.S. Senate has thus far failed to ratify it.

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