Semester: Spring 2023 (tentative) Fall 2022 Summer 2022 Spring 2022 Fall 2021 Summer 2021 Spring 2021 Fall 2020 Spring 2020 Fall 2019 Summer 2019 Spring 2019
Professional/Experiential Skills Courses First Year Courses Only

Economic, Social and Cultural Rights (LAW-861-001)
Sutton

Notices

Description

The course will begin with an elucidation of the concept of economic, social and cultural rights and a comparison between these rights and civil and political rights. The drafting history of the 1966 International Covenant on Economic, Social and Cultural Rights will be examined. This exercise will allow the inference of states’ views on the nature and implementation of economic, social and cultural rights and the reasons for their neglect. The nature of international obligations relating to economic, social and cultural rights and the way they differ from states’ obligations toward civil and political rights will be explored in detail.

The course will subsequently focus on the international regime for the protection of economic, social and cultural rights. We will analyze the 1966 International Covenant on Economic Social and Cultural Rights, the practice of the UN Committee on Economic, Social and Cultural Rights and the work of the open-ended working group on an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The implication of broadening the mandate of the Committee on Economic, Social and Cultural Rights to include consideration of individual complaints will be discussed. Special attention will also be paid to the scope and legal significance of some of the provisions enshrined in the Covenant.

The overview of the international regime for the protection of economic, social and cultural rights will conclude with a look at the UN Special Procedures and other relevant regional conventions for monitoring states’ compliance with the rights at stake. The course will then dwell on state practice and consider relevant case-law from countries such as South Africa and India. The issue of implementation and justiciability will be explored and critically discussed. Finally, the course will focus on the future of the implementation of economic, social and cultural rights and stimulate the student to discuss problematic aspects in this regard.

Textbooks and Other Materials

The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.

First Class Readings

Students should download the "Questions" document (available on Blackboard under "Assignments") that will serve as a basis for an introductory discussion about economic, social and cultural rights.

Syllabus

Use your MyAU username and password to access the syllabus in the following format(s):

• Microsoft Word (DOC)
• Adobe Acrobat (PDF)