Economic, Social, and Cultural Rights: A Legal Resource Guide

1. Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights

Chapter 1 Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights Introduction (i) A group of distinguished experts in international law, convened by the International Commission of Jurists, the Faculty of Law of the University of Limburg (Maastricht , the Netherlands) and the Urban Morgan Institute for Human Rights, University of Cincinnati (Ohio, United States of America), met in Maastricht on 2–6 June 1986 to consider the nature and scope of the obligations of States Parties to the International Covenant on Economic, Social and Cultural Rights, the consideration of States Parties Reports by the newly constituted ECOSOC Committee on Economic, Social and Cultural Rights, and international co-operation under Part IV of the Covenant. (ii) The 29 participants came from Australia, the Federal Republic of Germany, Hungary , Ireland, Mexico, Netherlands, Norway, Senegal, Spain, United Kingdom, United States of America, Yugoslavia, the United Nations Centre for Human Rights, the International Labour Organisation (ILO), the United Nations Educational, ScientiWc and Cultural Organization (UNESCO), the World Health Organization (WHO), the Commonwealth Secretariat, and the sponsoring organizations. Four of the participants were members of the ECOSOC Committee on Economic, Social and Cultural Rights. (iii) The participants agreed unanimously upon the following principles which they believe reXect the present state of international law, with the exception of certain recommendations indicated by the use of the verb “should” instead of “shall.” Part I: The Nature and Scope of States Parties’ Obligations A. General Observations 1. Economic, social and cultural rights are an integral part of international human rights law. They are the subject of speciWc treaty obligations in various international Original notes omitted. 452 Interpretive Texts instruments, notably the International Covenant on Economic, Social and Cultural Rights. 2. The International Covenant on Economic, Social and Cultural Rights, together with the International Covenant on Civil and Political Rights and the Optional Protocol, entered into force in 1976. The Covenants serve to elaborate the Universal Declaration of Human Rights: these instruments constitute the International Bill of Human Rights. 3. As human rights and fundamental freedoms are indivisible and interdependent, equal attention and urgent consideration should be given to the implementation, promotion and protection of both civil and political, and economic, social and cultural rights. 4. The International Covenant on Economic, Social and Cultural Rights (hereafter the Covenant) should, in accordance with the Vienna Convention on the Law of Treaties (Vienna, 1969), be interpreted in good faith, taking into account the object and purpose , the ordinary meaning, the preparatory work and the relevant practice. 5. The experience of the relevant specialized agencies as well as of United Nations bodies and intergovernmental organizations, including the United Nations working groups and special rapporteurs in the Weld of human rights, should be taken into account in the implementation of the Covenant and in monitoring States Parties’ achievements. 6. The achievement of economic, social and cultural rights may be realized in a variety of political settings. There is no single road to their full realization. Successes and failures have been registered in both market and non-market economies, in both centralized and decentralized political structures. 7. States Parties must at all times act in good faith to fulWll the obligations they have accepted under the Covenant. 8. Although the full realization of the rights recognized in the Covenant is to be attained progressively, the application of some rights can be made justiciable immediately while other rights can become justiciable over time. 9. Non-governmental organizations can play an important role in promoting the implementation of the Covenant. This role should accordingly be facilitated at the national as well as the international level. 10. States Parties are accountable both to the international community and to their own people for their compliance with the obligations under the Covenant. 11. A concerted national effort to invoke the full participation of all sectors of society is, therefore, indispensable to achieving progress in realizing economic, social and cultural rights. Popular participation is required at all stages, including the formulation, application and review of national policies. 12. The supervision of compliance with the Covenant should be approached in a spirit of co-operation and dialogue. To this end, in considering the reports of States Parties , the Committee on Economic, Social and Cultural Rights, hereinafter called “the Committee,” should analyse the causes and factors impeding the realization of the rights covered under the Covenant and, where possible, indicate solutions. This approach should...