Karen da Costa

We will explore:

The nature of State obligations regarding economic, social and cultural (ekonomiska, sociala och kulturella rättigheter) (ESC) rights under international human rights law, and
Key concepts, including 'progressive realisation' (gradvis förverkligande), 'maximum of available resources' (maximala tillgängliga resurser) and 'minimum core obligations' (minimala grundläggande förpliktelser)

Later, on campus and through additional literature, we will focus on the right to health and a specific scenario to unpack these issues further.

LECTURE SLIDES

1. The nature of State obligations regarding ESC rights

The University of Nottingham recently teamed up with the UK Equality and Human Rights Commission to produce some short introductions to core issues in ESC rights. Presented by Professor Aoife Nolan (a member of the European Committee of Social Rights), they are a very helpful companion to your readings.

Please watch episodes 2-6 (About 7 minutes each. Feel free to watch more!)

https://www.nottingham.ac.uk/hrlc/operationalunits/economic-and-social-rights-unit/videos.aspx (or click the image below)

Readings:

Bantekas & Oette (2016), International Human Rights Law and Practice, Cambridge: Cambridge University Press, 2nd ed.; chapter 9 (Economic, social and cultural rights: 9.1-9.8), pp. 399-427.
Articles 2, 3 and 4, International Covenant on Economic, Social and Cultural Rights
UN Committee on Economic, Social and Cultural Rights, General Comment No. 3, the nature of States parties obligations (Art 2, para 1), available at https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2fCESCR%2fGEC%2f4758&Lang=en
UN Committee on Economic, Social and Cultural Rights, General Comment No. 9, domestic application of the Covenant, available at https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2f1998%2f24&Lang=en

As you do the readings and watch the videos, consider the following questions:

What is the difference between obligations of conduct (förpliktelser att agera) and obligations of result (förpliktelser att nå resultat)?
What is the purpose of 'progressive realisation'? How would we know if it is happening?
What is meant by 'core minimum obligations'? How could core minimums for specific rights be decided?
Should ESC rights be actionable in court in the same way as civil and political rights?
What is the role of ESC rights when governments set policy priorities and budgets?

2. Discussion using the right to health as an example

In this session, we will begin with a short lecture on the scope and content of the right to health (rätt till hälsa), and how this has developed over time.

We will then break into groups to discuss a specific case study related to the right to health, and which engages the questions posed above.

Download case study

Readings:

UN Committee on Economic, Social and Cultural Rights, General Comment No. 14, The right to the highest attainable standard of health (Art 12), available at https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2f2000%2f4&Lang=en
Tobin J and Barrett D ‘The Right to Health and Health-Related Human Rights’ in B.M. Meier and L. Gostin (eds) Foundations of Global Health and Human Rights, Oxford University Press, 2020 (this is not on your literature list, as it was published after the list was finalised. A pdf is in the course files)

Additional readings

Niada-Avshalom, L. (2015). Some scepticism on the right to health: the case of the provision of medicines. The International Journal of Human Rights, vol. 19(4), pp. 527-547.

Chapman, A. (2015). The Foundations of a Human Right to Health: Human Rights and Bioethics in Dialogue. Health and Human Rights, vol. 17(1), pp. 6-18.

Select other articles from your reading list on ESC rights and the right to health