International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights (ICESCR) encourages States to grant economic, social and cultural rights to all citizens and provide labour rights, rights to health, education and an adequate standard of living. As mentioned previously, the UDHR, taken together with the ICCPR and the ICESCR, is commonly referred to as the ‘International Bill of Rights’. Pakistan ratified the ICESCR in 2008 and committed itself to implementation of the Covenant in letter and spirit by incorporating these rights in its constitution and legal system as well as to respect, protect and fulfil all its international obligations.
With 31 Articles, the ICESR consists of substantive, implementing and derogation provisions. The substantive provisions create, define or regulate rights, these include 1, 6, 7, 8, 9, 10, 11, 12, 13 and 15. The implementing provisions include Articles 2, 3, 5(1), 14, 23, 26, 27 and 29. And finally, the derogation provisions, i.e. Articles 4 and 5(2), allow for the signatory parties to refuse compliance with certain obligations.
| ARTICLE | CONTENT |
| Article 1 | Self-determination |
| Article 2 | State Party obligations (to take steps, in accordance with the maximum of available resources, to progressively realize the rights in the Treaty; guarantee of the rights enlisted without any sort of discrimination) |
| Article 3 | Equal right of men and women to social, economic and cultural rights. |
| Article 4 | Limitation provision (limitations only permissible where they are compatible with the nature of the right and solely for the purpose of promoting public good in a democratic society) |
| Article 5 | Restriction and derogation provisions (no one is permitted to destroy any of the rights enlisted therein) |
| Article 6 | Right to work |
| Article 7 | Right to enjoyment of just and favourable conditions of work |
| Article 8 | Right to form and join trade unions |
| Article 9 | Right to social security |
| Article 10 | Protection and assistance to be accorded to the family (special protection and assistance for mothers and children) |
| Article 11 | Right to adequate standard of living (food, clothing, housing and continuous improvement of living conditions) |
| Article 12 | Right to enjoy highest attainable standard of physical and mental health |
| Article 13 | Right to education |
| Article 14 | Compulsory and free primary education |
| Article 15 | Right to take part in cultural life, enjoy benefits of scientific progress and artistic production |
| Article 16-17 | State Party reports |
| Article 18-19 | Arrangements and reports by the Economic and Social Council |
| Article 20 | State Party comments to general recommendations or otherwise |
| Article 21 | Submission of reports to the General Assembly the Economic and Social Council |
| Article 22-24 | Provisions on technical assistance and holding of regional and technical meetings |
| Article 25 | Right to enjoy one’s natural wealth and resources fully and freely |
| Article 26-31 | Provisions on ratification, instruments of accession, application of Convention to all units of a Federation, amendments and languages in which texts of the Convention are authentic |
| Figure 2.3 – Summary of the ICESCR
|
In order to monitor implementation of the ICESCR, the Convention created the Committee on Economic, Social and Cultural Rights (CESCR), the treaty-body mandated with monitoring State Party implementation of the Convention. Like the other treaty bodies, the CESCR comprises independent experts responsible for monitoring progress under the ICESCR through compliance reports submitted by States Parties.
The Committee on Economic, Social and Cultural Rights may, under certain conditions, consider individual petitions alleging violations of rights guaranteed under the ICESCR. Pakistan, however, has not recognized the competence of the Committee to consider individual communications. Those States which have ratified the Optional Protocol to the ICESCR recognize the competence of the Committee to consider individual communications. While Pakistan has not recognized the competence of the CESCR to receive and consider individual communications, it has established a domestic helpline service for complaints regarding human rights violations.
The Constitution provides for various protections under the ICESCR.
| ICESCR PROVISION | CONSTITUTIONAL PROVISION |
| Article 2: Non-Discrimination | Article 25: Equality of Citizens
Article 26: Non-discrimination in respect of access to public spaces Article 27: Safeguard against discrimination in services. |
| Article 3: Equal Rights of Men and Women | Article 25: Equality of citizens
Article 34: Full participation of women in national life |
| Article 6: Right to Work
Article 7: Right to just and favorable conditions of work |
Article 38: Promotion of social and economic well-being of the people. |
| Article 10: Protection and assistance to the family | Article 35: Protection of family etc. |
| Article 11: Right to an adequate standard of living | Article 37: Promotion of social justice and eradication of social evils |
| Article 12: Right to highest attainable standard of physical and mental health | Article 37: Promotion of social justice and eradication of social evils |
| Article 13: Right to education | Article 25A: Right to education
Article 37: promotion of social justice and eradication of social evils |
| Article 14: Compulsory education free of charge for all | Article 37: Promotion of social justice and eradication of social evils |
| Article 15: Right to take part in cultural life etc. | Article 28: Preservation of language, script and culture |
| Figure 2.4 – ICESCR and corresponding Constitutional Provisions
|
Various domestic legislative instruments provide similar protections afforded under the ICESR. These will be discussed ahead in depth according to the priority areas defined for the purposes of this Guide.
As mentioned above, provincial governments have established Human Rights Departments at the provincial level that supplement the work of the Federal Ministry of Human Rights. Other bodies which regulate human rights in Pakistan include the National Commission of Human Rights (NCHR), National Commission on the Status of Women (NCSW), National Commission for Minorities, and the National Commission on the Rights of the Child (NCRC).
With regard to the ICESCR, there are several Federal and Provincial institutions that play an important role in the protection of economic, social and cultural rights guaranteed under the Covenant. These include:
- Ministry of Planning and Development
- Economic Affairs Division
- Ministry of Housing & Works, Ministry of Inter-Provincial Coordination,
- Ministry of Religious Affairs and Inter-Faith Harmony
- Ministry of Water and Power, Ministry of National Health Services Regulation and Coordination
Additionally, there are provincial departments designated to health, labour, women development, food, education etc.