Effective and full implementation of the right to health framework, including justiciability of ESCR and the right to health; the progressive realisation of the right to health; the accountability deficit of transnational corporations; and the current ... 2014, para. 6
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Paragraph text
Economic, social and cultural rights have historically been accorded less attention than civil and political rights, given that they have erroneously been seen as non-justiciable because of alleged inherent differences between the two sets of rights. Initially, only one international human rights covenant, containing both civil and political rights and economic, social and cultural rights, was envisaged. When it came to drafting that unified instrument, however, the Commission on Human Rights believed that the nature of the rights were different and convinced the General Assembly of the necessity of two separate covenants (A/2929, chap. II, para. 9). The rationale was that "[civil and political rights] were rights of the individual 'against' the State, i.e., against unlawful and unjust action of the State", while economic, social and cultural rights required States to take positive action (ibid., para. 10).
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Equality & Inclusion
Governance & Rule of Law
Social & Cultural Rights
Person(s) affected
All
Year
2014
Paragraph type
Other
Reference
SR Health, Report to the UNGA (2014), A/69/299, para. 6.