Title: Human rights in crisis: securing the International Covenant on Economic, Social and Cultural Rights (ICESCR) in economic downturns
Authors: Rachael Lorna Johnstone; Aðalheiður Ámundadóttir
Addresses: Faculty of Law, University of Akureyri, Sólborg v/Norðurslóð, IS600, Iceland ' Faculty of Law, University of Akureyri, Sólborg v/Norðurslóð, IS600, Iceland
Abstract: In this paper, the authors analyse states parties' obligations under the ICESCR in times of economic crisis according to the international legal framework of obligations of conduct and result. In respect of the covenant's obligations of result, the authors examine the implementation of the progressive realisation standard, with an emphasis on the minimum core of rights, prioritisation of the most vulnerable members of society and the criteria necessary for the permissibility of regressive measures. They then consider five obligations of conduct: to submit reports; to develop plans of actions; to monitor outcomes; to take some measures; and to eliminate discrimination.
Keywords: human rights; economic crisis; International Covenant on Economic, Social and Cultural Rights; ICESCR; economic rights; social rights; cultural rights; state responsibility; progressive realisation; regressive measures; minimum core; constitutional studies; Europe; economic downturn.
International Journal of Human Rights and Constitutional Studies, 2013 Vol.1 No.1, pp.6 - 26
Received: 06 Sep 2012
Accepted: 11 Sep 2012
Published online: 16 Mar 2013 *