I-Introduction

Economic, Social and Cultural Rights(ESCR) signify internationally recognized minimum standards to protect individuals against social and economic insecurity and the threat they pose to human integrity, freedom and equality. They are an essential part of the normative international code of human rights aimed at the abolition of discrimination and protection of vulnerable groups. This article, therefore, attempts to highlight the main features of particular rights contained in economic, social and cultural rights, problems on the implementation of these rights, states’ obligations and measures to be taken for implementing them.

2- Features of Economic, Social and Cultural Rights

Economic, social and cultural rights constitute three interrelated human rights. The reprocity of rights indeed testifies the interrelationship and inter dependence of ESCR. Among the social rights. The right to an adequate standard of living is considered as a very central one. Enjoyment of this right, at a minimum, presupposes enjoyment of the necessary subsistence rights including: adequate food and nutrition right, clothing, housing and the necessary conditions of care. Closely related to this right is the right of families to assistance. In order to exercise social rights, there is also a need to enjoy certain economic rights. These are the right to property, the right to work and the right to social security. The latter is essential, particularly where a person doesn’t possess property or is unable to secure an adequate standard of living through work, due to unemployment, old age or disability. Cultural rights consists: the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, the right to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which the beneficiary is the author, the freedom indispensable for scientific research and creative activity.

In a nutshell Economic, social and cultural rights as enshrined in both the International Covenant on Economic, Social and Cultural Rights (herein after referred to as ICESCR) and the Universal Declaration of Human Rights (UDHR) include:

- Fair and safe working conditions for workers;

- The right to seek and choose work;

- The right to form; join and act together in trade unions;

- Social security, including government assistance during old age and in times of unemployment, and money or other help for people at other times when they need assistance in order to live their lives with dignity;

- Assistance and protection for families;

- Equal marriage rights for men and women;

- An adequate standard of living for everyone, involving adequate clothing, housing, and food;

- A high standard of health and health care for all;

- Satisfactory primary education for all and increased opportunities for further education;

- The right to participate in the cultural life of the community; and

- The right to benefit from scientific progress.

3-Guarantees of Economic, Social and Cultural Rights

Need less to say, being starved, homeless or having no adequate reserve to support family is a violation of human rights. The guarantee of ESC rights, therefore, means that every one has a right to live in dignity and right to a secured livelihood. It means that everyone is entitled to a safe, secure work environment and to the means necessary to secure his/her well-being and to realize her/his potential.

In addition to ICESCR and UDHR, most of the international instruments adopted by the United Nations (UN) General Assembly, Specialized Agencies of the UN, or the regional organizations such as the Organization of African Unity, the Organization of American States, and the Council of Europe also guarantee ESC rights. ESC rights for specific groups like conventions agreed to through the International Labor Organization (ILO), Convention for Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC) and Convention on Elimination of All Forms of Racial Discrimination (CERD) contain provisions for the protection of ESC rights.

Under human rights treaties, The responsibility of guaranteeing people the opportunity of enjoying the benefits of their rights ultimately rests on governments. In order for people to enjoy the benefits of ESC rights, governments must play a positive role, yet governments are not always the direct providers of what a particular human right requires. Governments, for instance, are not employers of all citizens under their jurisdiction. This doesn’t however, relives them from their duty to ensure everyone enjoys safe and healthy working conditions.

Whenever states seek to enforce obligations enshrined in national law, they are required to impose duties on persons under their jurisdiction.

4-Meaning of the phrase "Progressively Achievable"

Full economic, social and cultural rights can be achieved only gradually. Resources and time may be required. Since implementation of ESC rights often costs money, it may be difficult for many low-income nations to meet all their obligations adequately right away. Local scarcity of resourced might render the achievement of full enjoyment of economic, social and cultural rights gradual. Lack of resource, however, cannot be an excuse for states for not meeting all their obligations under the Covenant, as many of the obligations do not incur much cost. Certain obligations under the covenant can be implemented straight away, particularly the obligations to respect and protect ESC rights.

Art. 2(1) of the Covenant although allows states to achieve full rights gradually; it demands that states take some steps immediately, thereby setting the stage for progress. In its general comment No. 3(1990), on the nature of state obligations under Art. 2(1), the Committee on Economic, Social and Cultural rights has pointed out that the concept of progressive realization constitutes a recognition of the fact that full realization of all economic, social and cultural rights will generally not be able to be achieved in a short period of time, the phrase “achieve progressively” must be seen in light of the overall objective which is to establish clear obligations for state parties to move expeditiously as possible towards realization of these rights. In the words of the committee.

The content of progressive realization constitutes a recognition of the fact that full realization of all ESC rights will generally not be able to be achieved in a short period of time. It is on the one hand a necessary flexibility device, reflecting the realities of the real world and the difficulties involved for any country in ensuring full realization of economic, social and cultural rights.

States through national laws guarantees the enjoyment of ESC rights by imposing duties on persons under their jurisdiction duties to respect and protect the rights of others and contribute to the well being of others.

This implies that states must pass laws and launch plans and programs, to start strengthening the enjoyment of rights of the covenant which allows states to achieve progressively the full realization of the rights recognized in the covenant, “ to the maximum of its available resources,” and “by all appropriate means, including particularly the adoption of legislative measures.

5-ESC Rights and State Obligation

One approach to defining violations is provided by the Mastricht guidelines on violations of ESC rights, which describes state party’s obligations in protecting and upholding economic, social and cultural rights: the obligations to respect, protect and fulfill.

The first obligation, to respect requires that a state party itself does not violate the ESC rights of its population. The state must respect the resources owned by the individual, her or his freedom to find a job of preference and the freedom to take the necessary actions and use the necessary resources alone or in association with others – to satisfy his or her own needs. Consequently, as part of the obligation to respect, the states should take steps to recognize and register the land rights of minorities and land tenure of holders of small areas of land. By doing so the state will have assisted them in making use of their resources in greater safety in their pursuit to maintain adequate standard of living.

The obligation to protect requires that the state prevents or addresses violations by third parties (non-state actors) by passing and enforcing appropriate legislation. In this regard, the states obligation consists for example, the protection of the freedom of action and the use of resources against other more assertive or aggressive subjects – more powerful economic interests, protection against fraud, against unethical behaviors in trade and contractual relations, against the marketing and dumping of hazardous products. This protective function of the state is most important aspect of state obligations with regard to ESC rights, and it is similar to the role of the state as protector of Civil and political rights.

The obligation to fulfill requires that state to review resource priorities and make the necessary legislative, administrative, budgetary, judicial and other necessary changes to implement specific rights. In this regard, the state has the obligation to assist and to fulfill the right of everyone under ESC right. The obligation to assist take many forms, some of which are spelled out in the relevant instruments. For example under the CESCR Art.11(2), the sate shall take measures of production, conservation and distribution of food by making full use of technology and scientific knowledge and by developing and reforming agrarian system. The obligation to fulfill could consist of the direct provisions of basic needs, such as foods or resources which can be used for food (direct food aid, or social security) when other possibility exists, such as, for example (1) when unemployment sets in; (2) for the disadvantaged, and the elderly; (3) during sudden situation of crisis or disaster; and for those who are marginalized.

With regard to taking positive measures towards the fulfillment of these rights, obviously different stats have different amounts of available resources. This, however, does not depend solely on the national income of the state, but also on the amount of resources made available by the state for the pursuit of its obligations under international human rights law. In other words it depends on the political will and commitment of the government to discharge its obligation.

If the state does not have sufficient resources or is temporarily experiencing financial difficulties, it has an obligation under the Covenant to seek international assistance and cooperation.

Priorities made by the state as to what part of its resources is allocated to the realization of economic, social and cultural rights as compared to other purposes is also another point to be taken into account. In particular, it is important to grasp the part played by military expenditure there in international relations as well as national policies.

Corruption impedes the implementation of economic, social and cultural right by weakening government’s financial capability and mode of rendering public services. Unless a system of transparency is put in place and of course appropriate measures are taken to up root this social ill, it will be far fetched to expect that the vulnerable sections of the society enjoy all of their fundamental rights and freedoms.

6- Conclusion

In the effort to build a society where everyone enjoys all spectrums of human rights, first and for most it is everyone’s duty to respect and contribute his/her part in defending economic, social and cultural rights. Considering the plight of so many Ethiopians particularly, women, children, the elderly, the disabled, the ratification of the Covenant by the government though a necessary step it by no mean is sufficient by itself.

Besides respecting and protecting economic, social and cultural rights Government should demonstrate its political will and commitment with a view to fulfill the ideals of the Covenant on Economic, Social and Cultural rights. It is only then that the government can live up to the expectations of the international community and secure international financial assistance so that every person can live in dignity, all his/her rights respected, protected and fulfilled.