1.

SUMMARY OF ICESCR:
The Covenant follows the structure of the UDHR and the ICCPR, with a preamble and thirty-
one articles, divided into five parts.
Part 1 (Article 1) recognises the right of all peoples to self-determination, including the right
to "freely determine their political status", pursue their economic, social and cultural goals, and
manage and dispose of their own resources.
Part 2 (Articles 25) establishes the principle of "progressive realisation" see below. It also
requires the rights be recognised "without discrimination of any kind as to race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other
status".
Part 3 (Articles 615) lists the rights themselves. These include rights to
work, under "just and favourable conditions", with the right to form and join trade unions
(Articles 6, 7, and 8);
social security, including social insurance (Article 9);
family life, including paid parental leave and the protection of children (Article 10);
an adequate standard of living, including adequate food, clothing and housing, and the
"continuous improvement of living conditions" (Article 11);
health, specifically "the highest attainable standard of physical and mental health" (Article
12);
Education, including free universal primary education, generally available secondary
education and equally accessible higher education. This should be directed to "the full
development of the human personality and the sense of its dignity", and enable all persons
to participate effectively in society (Articles 13 and 14);
Participation in cultural life (Article 15).
Many of these rights include specific actions which must be undertaken to realise them.
Part 4 (Articles 1625) governs reporting and monitoring of the Covenant and the steps taken
by the parties to implement it. It also allows the monitoring body originally the United
Nations Economic and Social Council now the Committee on Economic, Social and Cultural
Rights see below to make general recommendations to the UN General Assembly on
appropriate measures to realise the rights (Article 21)
Part 5 (Articles 2631) governs ratification, entry into force, and amendment of the Covenant.
2. THE RIGHTS PROTECTED UNDER THE ICESCR INCLUDE:
2.1. Labour rights:
Article 6 of the Covenant recognizes the right to work, defined as the opportunity of everyone
to gain their living by freely chosen or accepted work. This is effectively defined
by Article 7 of the Covenant, which recognizes the right of everyone to "just and favourable"
working conditions.
Article 8 recognizes the right of workers to form or join trade unions and protects the right to
strike. It allows these rights to be restricted for members of the armed forces, police, or
government administrators.
2.2. Right to social security:
Article 9 of the Covenant recognizes "the right of everyone to social security, including social
insurance". It requires parties to provide some form of social insurance scheme to protect
people against the risks of sickness, disability, maternity, employment injury, unemployment
or old age; to provide for survivors, orphans, and those who cannot afford health care; and to
ensure that families are adequately supported.
2.3. Right to family life:
Article 10 of the Covenant recognises the family as "the natural and fundamental group unit
of society", and requires parties to accord it "the widest possible protection and
assistance". Parties must ensure that their citizens are free to establish families and that
marriages are freely contracted and not forced.
2.4. Right to an adequate standard of living:
Article 11 recognises the right of everyone to an adequate standard of living. This includes,
but is not limited to, the right to adequate food, clothing, housing, and "the continuous
improvement of living conditions". It also creates an obligation on parties to work together to
eliminate world hunger.
2.5. Right to health:
Article 12 of the Covenant recognises the right of everyone to "the enjoyment of the highest
attainable standard of physical and mental health".
Article 12.2 requires parties to take specific steps to improve the health of their citizens,
including reducing infant mortality and improving child health, improving environmental and
workplace health, preventing, controlling and treating epidemic diseases, and creating
conditions to ensure equal and timely access to medical services for all.
2.6. Right to free education:
Article 13 of the Covenant recognises the right of everyone to free education (free for the
primary level and "the progressive introduction of free education" for the secondary and higher
levels).
Article 13.2 lists a number of specific steps parties are required to pursue to realise the right of
education. These include the provision of free, universal and compulsory primary education,
"generally available and accessible" secondary education in various forms (including technical
and vocational training), and equally accessible higher education
Articles 13.3 and 13.4 require parties to respect the educational freedom of parents by
allowing them to choose and establish private educational institutions for their children, also
referred to as freedom of education.
Article 14 of the Covenant requires those parties which have not yet established a system of
free compulsory primary education, to rapidly adopt a detailed plan of action for its
introduction "within a reasonable number of years".
2.7. Right to participation in cultural life:
Article 15 of the Covenant recognises the right of everyone to participate in cultural life, enjoy
the benefits of scientific progress, and to benefit from the protection of the moral and material
rights to any scientific discovery or artistic work they have created.
 1. DIFFERENCES BETWEEN ICCPR AND ICESCR:
Important Differences between ICCPR and ICESCR are given below:
ICCPR:
1. ICCPR represents and protects the human rights of first generation.
2. It explains human rights pertaining to cultural and political rights (i.e. not to torture, not to
show discrimination, etc.).
3. The rights incorporated in ICCPR are negative in character just like the provisions in the
penal code of a municipal law. The Indian Penal Code defines and narrates different offences,
which are prohibited. In the similar way ICCPR defines and narrates certain things not
supposed to be done by the States.
4. The judicial remedies are provided to the aggrieved persons, in cases their civil and
political rights are violated by the State. The aggrieved person can claim before the Central
Human Rights Commission, Human Right Court, State Human Right Commission or other
domestic tribunals.
5. The provisions of ICCPR are similar to the provisions of Fundamental Rights in the Indian
Constitution, violation which gives rise to judicial remedies.

ICESCR:
1. ICESCR represents and protects the human rights of second generation.
2. It explains human rights pertaining to economic, social and cultural rights (e.g. to provide
adequate housing, trade unions social security, medical facilities, etc.).
3. The rights incorporated in ICESCR are positive in character. It shows the ways to the State
to implement certain programmes to uplift the living standards of human beings and to
protect the human culture. These are similar to the Directive Princips of state policy (Part-
Ill) of our Constitution.
4. There is no scope of judicial remedies. (There is no scope of judicial remedies in case of
Directive Principles of State Policy of our Constitution. The Court cannot force the State to
implement the provisions of part-IV.)
5. The provisions of ICESCR are similar to the provisions of the Directive Principles of State
Policy in the Indian Constitution, non- implementation of which cannot give rise to judicial
remedies.