Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-94fs2 Total loading time: 0 Render date: 2024-11-18T10:32:38.319Z Has data issue: false hasContentIssue false

8 - The Right to Health under the ICESCR

Existing Scope, New Challenges and How to Deal with It

from The Right to Health

Published online by Cambridge University Press:  04 January 2020

Andreas von Arnauld
Affiliation:
Christian-Albrechts Universität zu Kiel, Germany
Kerstin von der Decken
Affiliation:
Christian-Albrechts Universität zu Kiel, Germany
Mart Susi
Affiliation:
Tallinn University, Estonia
Get access

Summary

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is phrased in very vague and general, sometimes almost obscure language, and lends itself to many different interpretations. However, the Committee on Economic, Social and Cultural Rights (CESCR), established by the Economic and Social Council (ECOSOC) to monitor state party reports on economic, social and cultural rights (esc rights), has seen as one of its main monitoring functions to interpret the ICESCR provisions. It sees the Covenant as a comprehensive tool, covering both legal and policy issues under the umbrella of the law, and hands down suggestions and recommendations in the so-called ‘concluding observations’ on state party reports, clarifying the precise meaning of Covenant provisions in concrete situations. From time to time, when sufficient ‘committee practice’ has evolved, the CESCR will also formulate General Comments (GCs) that seek to clarify the meaning and content of the specific esc right under review. The mandate to issue GCs was given by ECOSOC in 1987, similar to other human rights treaty bodies. By 2018 nearly all substantive Covenant provisions had been assessed by the Committee. The findings have been included in Revised Guidelines for reporting on the esc rights situation in member states, to facilitate their reporting and to ensure that the standards of analysis follow the same pattern for each country.

Type
Chapter
Information
The Cambridge Handbook of New Human Rights
Recognition, Novelty, Rhetoric
, pp. 107 - 123
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×