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State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
2017
Document code
E/C.12/GC/24
Date added
Aug 19, 2019
Document

Right of everyone to take part in cultural life (Art. 15, para. 1(a))

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
2009
Document code
E/C.12/GC/21
Date added
Aug 19, 2019
Document

The right to social security (Art. 9)

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
2007
Document code
E/C.12/GC/19
Date added
Aug 19, 2019
Document

The right to water (Art. 11 and 12)

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
2002
Document code
E/C.12/2002/11
Date added
Aug 19, 2019
Document

Non-discrimination in economic, social and cultural rights (Art. 2, para. 2)

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
2009
Document code
E/C.12/GC/20
Date added
Aug 19, 2019
Document

The role of national human rights institutions in the protection of economic, social and cultural rights

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1998
Document code
E/C.12/1998/24
Date added
Aug 19, 2019
Document

Persons with Disabilities

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1994
Document code
E/C.12/1994/13
Date added
Aug 19, 2019
Document

The right to adequate food (Art. 11)

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1999
Document code
E/C.12/1999/5
Date added
Aug 19, 2019
Document

The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c))

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
2005
Document code
E/C.12/GC/17
Date added
Aug 19, 2019
Document

The right to sexual and reproductive health (Art. 12)

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
2016
Document code
E/C.12/GC/22
Date added
Aug 19, 2019
Document

The right to just and favourable conditions of work (Art. 7)

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
2016
Document code
E/C.12/GC/23
Date added
Aug 19, 2019
Document

The equal right of men and women to the enjoyment of all economic, social and cultural rights

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
2005
Document code
E/C.12/2005/4
Date added
Aug 19, 2019
Document

The right to the highest attainable standard of health (Art. 12)

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
2000
Document code
E/C.12/2000/4
Date added
Aug 19, 2019
Document

The relationship between economic sanctions and respect for economic, social and cultural rights

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1997
Document code
E/C.12/1997/8
Date added
Aug 19, 2019
Document

The economic, social and cultural rights of older persons

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1995
Document code
E/C.12/1995/16
Date added
Aug 19, 2019
Document

The right to work (Art. 6)

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
2005
Document code
E/C.12/GC/18
Date added
Aug 19, 2019
Document

The right to education (Art. 13)

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1999
Document code
E/C.12/1999/10
Date added
Aug 19, 2019
Document

Plans of action for primary education (Art. 14)

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1999
Document code
E/C.12/1999/4
Date added
Aug 19, 2019
Document

The domestic application of the Covenant

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1998
Document code
E/C.12/1998/24
Date added
Aug 19, 2019
Document

Forced evictions

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1997
Document code
E/C.12/1997/4
Date added
Aug 19, 2019
Document

The right to adequate housing

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1991
Date added
Aug 19, 2019
Document

The nature of States parties’ obligations

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1990
Date added
Aug 19, 2019
Document

International technical assistance measures

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1990
Date added
Aug 19, 2019
Document

Reporting by States Parties

Body
Committee on Economic, Social and Cultural Rights
Legal status
Non-negotiated soft law
Document type
General Comment / Recommendation
Year
1989
Date added
Aug 19, 2019
Document

The right to sexual and reproductive health (Art. 12) 2016, para. 9

Paragraph text
The realization of the right to sexual and reproductive health requires that States parties also meet their obligations under other provisions of the Covenant. For example, the right to sexual and reproductive health, combined with the right to education (articles 13 and 14) and the right to non-discrimination and equality between men and women (articles 2 (2) and 3), entails a right to education on sexuality and reproduction that is comprehensive, non-discriminatory, evidence-based, scientifically accurate and age appropriate. The right to sexual and reproductive health, combined with the right to work (article 6) and just and favourable working conditions (article 7), as well as the right to non discrimination and equality between men and women, also requires States to ensure employment with maternity protection and parental leave for workers, including workers in vulnerable situations, such as migrant workers or women with disabilities, as well as protection from sexual harassment in the workplace and prohibition of discrimination based on pregnancy, childbirth, parenthood, sexual orientation, gender identity or intersex status.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Economic Rights
  • Equality & Inclusion
  • Health
Person(s) affected
  • Men
  • Persons on the move
  • Women
Year
2016
Date added
Aug 19, 2019
Paragraph

Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 16a

Paragraph text
[The following are necessary conditions for the full realization of the right of everyone to take part in cultural life on the basis of equality and non-discrimination.] Availability is the presence of cultural goods and services that are open for everyone to enjoy and benefit from, including libraries, museums, theatres, cinemas and sports stadiums; literature, including folklore, and the arts in all forms; the shared open spaces essential to cultural interaction, such as parks, squares, avenues and streets; nature's gifts, such as seas, lakes, rivers, mountains, forests and nature reserves, including the flora and fauna found there, which give nations their character and biodiversity; intangible cultural goods, such as languages, customs, traditions, beliefs, knowledge and history, as well as values, which make up identity and contribute to the cultural diversity of individuals and communities. Of all the cultural goods, one of special value is the productive intercultural kinship that arises where diverse groups, minorities and communities can freely share the same territory;
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Ethnic minorities
Year
2009
Date added
Aug 19, 2019
Paragraph

Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 3

Paragraph text
The right of everyone to take part in cultural life is also recognized in article 27, paragraph 1, of the Universal Declaration of Human Rights, which states that "everyone has the right freely to participate in the cultural life of the community". Other international instruments refer to the right to equal participation in cultural activities; the right to participate in all aspects of social and cultural life; the right to participate fully in cultural and artistic life; the right of access to and participation in cultural life; and the right to take part on an equal basis with others in cultural life. Instruments on civil and political rights, on the rights of persons belonging to minorities to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, and to participate effectively in cultural life, on the rights of indigenous peoples to their cultural institutions, ancestral lands, natural resources and traditional knowledge, and on the right to development also contain important provisions on this subject.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • Ethnic minorities
Year
2009
Date added
Aug 19, 2019
Paragraph

The right to social security (Art. 9) 2007, para. 42

Paragraph text
There is a strong presumption that retrogressive measures taken in relation to the right to social security are prohibited under the Covenant. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant, in the context of the full use of the maximum available resources of the State party. The Committee will look carefully at whether: (a) there was reasonable justification for the action; (b) alternatives were comprehensively examined; (c) there was genuine participation of affected groups in examining the proposed measures and alternatives; (d) the measures were directly or indirectly discriminatory; (e) the measures will have a sustained impact on the realization of the right to social security, an unreasonable impact on acquired social security rights or whether an individual or group is deprived of access to the minimum essential level of social security; and (f) whether there was an independent review of the measures at the national level.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • All
Year
2007
Date added
Aug 19, 2019
Paragraph

The right to social security (Art. 9) 2007, para. 28

Paragraph text
The right to social security plays an important role in supporting the realization of many of the rights in the Covenant, but other measures are necessary to complement the right to social security. For example, States parties should provide social services for rehabilitation of the injured and persons with disabilities in accordance with article 6 of the Covenant, provide child care and welfare, advice and assistance with family planning and the provision of special facilities for persons with disabilities and older persons (article 10); take measures to combat poverty and social exclusion and provide supporting social services (article 11); and adopt measures to prevent disease and improve health facilities, goods and services (article 12). States parties should also consider schemes that provide social protection to individuals belonging to disadvantaged and marginalized groups, for example crop or natural disaster insurance for small farmers or livelihood protection for self-employed persons in the informal economy. However, the adoption of measures to realize other rights in the Covenant will not in itself act as a substitute for the creation of social security schemes.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Economic Rights
  • Equality & Inclusion
  • Poverty
  • Social & Cultural Rights
Person(s) affected
  • Children
  • Older persons
  • Persons with disabilities
Year
2007
Date added
Aug 19, 2019
Paragraph

The right to the highest attainable standard of health (Art. 12) 2000, para. 18

Paragraph text
By virtue of article 2.2 and article 3, the Covenant proscribes any discrimination in access to health care and underlying determinants of health, as well as to means and entitlements for their procurement, on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability, health status (including HIV/AIDS), sexual orientation and civil, political, social or other status, which has the intention or effect of nullifying or impairing the equal enjoyment or exercise of the right to health. The Committee stresses that many measures, such as most strategies and programmes designed to eliminate health-related discrimination, can be pursued with minimum resource implications through the adoption, modification or abrogation of legislation or the dissemination of information. The Committee recalls General Comment No. 3, paragraph 12, which states that even in times of severe resource constraints, the vulnerable members of society must be protected by the adoption of relatively low-cost targeted programmes.
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Health
Person(s) affected
  • All
Year
2000
Date added
Aug 19, 2019
Paragraph

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