Chapter 04

Economic, Social, and Cultural Rights

Part B: Normative Foundations of International Human Rights Regime

While cultural rights are of major importance (Article 15(1) recognizes ‘the right of everyone ... to take part in cultural life’), and are dealt with in a range of cases elsewhere in this coursebook (including Chapter 7), their practical implementation has tended to raise issues that make them much closer to CPR than ESR (bans on the use of cultural symbols, exclusion of certain languages from official sanction, ethnicity-based forms of discrimination, and forced cultural assimilation). They have thus tended to be dealt with under the ICCPR, including its non-discrimination clause (Art. 2(1)), the minorities provision (Art. 27) or specific rights such as freedoms of expression, religion and association and the right to ‘take part in the conduct of public affairs’.

Thus, except for the case from the Inter-American Court of Human Rights, in Section. E most of this chapter focuses on economic and social rights (ESR).

This chapter explores the rights recognized in the International Covenant on Economic, Social and Cultural Rights (ICESCR).

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