Keywords
Social and Cultural Rights (CESCR)
International Covenant on Civil and Political Rights (CCPR)
Justiciability
Dual System Incorporation of an International Treaty
Protection Mechanisms
Jurisdictional Protection
How to Cite
Abstract
The difference between Civil and Political Rights on the one hand and Economic, Social and Cultural Rights on the other, originated the creation of two different content treaties on Human Rights: the International Covenant on Economic, Social and Cultural Rights (CESCR) and the International Covenant on Civil and Political Rights (CCPR), both international judicial instruments.
The United Kingdom was one of the states that ratified the International Covenant on Economic, Social and Cultural Rights (ICSCR) in May, 1976. This international instrument for the protection of Economic, Social Cultural and Rights ESCR, is an essential part of the International Bill of Human Rights and a sacred expression of the specific contractual obligations on these rights; yet, has still not been incorporated into the English internal legislation, in spite of having been ratified by the United Kingdom. Notwithstanding, it is vital to determine what is the United Kingdom’s judicial obligation toward the ESCR as one of the 133 countries which has ratified the Covenant.
The current situation of the International Covenant on Economic, Social and Cultural Rights in the United Kingdom is inauspicious in terms of the applicability and effectiveness of its provisions, basically because of the application of the Dual System of Incorporation of an International Treaty which is at this time in effect in its internal legislation, situation that leaves the International Covenant on Economic, Social and Cultural Rights (CESCR) without effective recourse in the United Kingdom or at least with very restricted possibilities of execution at an internal level.
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