Economic, Social and Cultural Rights

Alston & Goodman, pp. 277-287, 291-309, 315-321 1. What are the origins of ESC rights? Why are the historical origins considered diffuse? Why were the rights in the UDHR separated into two separate Covenants? Can you identify ESC rights? Are any of those categories more problematic in their conception and interpretation than others? Should ESC rights be treated equally with civil and political rights? Should there be distinctions between “positive” and “negative” rights? (Alston & Goodman, pp. 277-284) 2. What are the main differences between the ICESCR and the ICCPR? What are the connections between these two Covenants? Within the ICESCR, which rights are: Economic? Social? Cultural? How might ESC rights be implemented and what is the role of the ESCR Committee? (Alston & Goodman, pp. 282-287) 3. What accounts for continued ambivalence by States towards ESC rights? Are there any similarities or differences between the US and Chinese positions on ESC rights? What are the main issues facing international human rights NGOs working or seeking to work in the area of ESC rights? How do you respond to Lee Kuan Yew’s comments? (Alston & Goodman, pp. 291-296) 4. What are the arguments offered by Neier and Kelley in support of their position that ESC rights should not be viewed as “rights”? What are the justifications offered by Griffin and Nickel for treating ESC rights as “rights”? How does Sen respond to the two critiques of ESC rights that he identifies? To which set of rights would you ascribe Kant’s duty of respect and the duty of beneficence? How do the religious texts relate to rights and duties in the ICESCR? (Alston & Goodman, pp. 297-309) 5. Is availability of resources a sine qua non for the fulfillment of ESC rights? What is the position of the ICESCR on availability of resources in relation to implementation of those rights? Is the resource dimension of ESC rights different from those of Civil and Political Rights? How does Weiner’s arguments illustrate the problems surrounding the implementation of economic, social, and cultural rights? Is poverty a violation of human rights (Alston & Goodman, pp. 315-321) 6. You should also reflect on the following series of questions: Are ESC rights enforceable? Who has responsibilities or obligations for the implementation and realization of ESC rights? How do we sort through the multi-layered relationship between the State and other actors in the area of human rights? Are there areas of overlap between civil and political rights and ESC rights? Should there be limitations on civil and political rights to ensure the realization of ESC rights? Should political freedoms depend on limitations on ESC rights? (Alston & Goodman, pp. 277-284)          

Sample Solution