The Universal Declaration of Human Rights, arguably the founding document of the human rights movement, fully embraces economic, social, and cultural rights, as well as civil and political rights, within its text. However, for most of the fifty years since the Declaration was adopted by the General Assembly of the United Nations, the focus of the international community has been on civil and political rights. This focus has slowly shifted over the past two decades. Recent international human rights treaties—such as the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women—grant equal importance to protecting and advancing nonpolitical rights.
In this collection of essays, Isfahan Merali, Valerie Oosterveld, and a team of human rights scholars and activists call for the reintegration of economic, social, and cultural rights into the human rights agenda. The essays are divided into three sections. First the contributors examine traditional conceptualizations of human rights that made their categorization possible and suggest a more holistic rights framework that would dissolve such boundaries. In the second section they discuss how an integrated approach actually produces a more meaningful analysis of individual economic, social, and cultural rights. Finally, the contributors consider how these rights can be monitored and enforced, identifying ways international human rights agencies, NGOs, and states can promote them in the twenty-first century.
Introduction 1(7) Part I. Conceptualizing Economic, Social, and Cultural Rights: Dissolving Categories Toward the Institutional Integration of the Core Human Rights Treaties 7(32) Craig Scott From Division to Integration: Economic, Social, and Cultural Rights as Basic Human Rights 39(13) Chisanga Puta-Chekwe Nora Flood Defending Womens Economic and Social Rights: Some Thoughts on Indivisibility and a New Standard of Equality 52(19) Dianne Otto Part II. Current Themes: Applying Cross-Cutting Analysis Human Rights Mean Business: Broadening the Canadian Approach to Business and Human Rights 71(24) Craig Forcese Feminism After the State: The Rise of the Market and the Future of Womens Rights 95(14) Kerry Rittich Advancing Safe Motherhood Through Human Rights 109(15) Rebecca J. Cook Canadas New Child Support Guidelines: Do They Fulfill Canadas International Law Obligations to Children? 124(15) Martha Shaffer Part III. Giving Meaning: Protection and Justiciability of Economic, Social, and Cultural Rights Implementing Economic, Social, and Cultural Rights: The Role of National Human Rights Institutions 139(21) Barbara von Tigerstrom Bringing Economic, Social, and Cultural Rights Home: Palestinians in Occupied East Jerusalem and Israel 160(20) Leilani Farha The Maya Petition to the Inter-American Commission on Human Rights: Indigenous Land and Resource Rights and the Conflict over Logging and Oil in Southern Belize 180(33) S. James Anaya Notes 213(50) List of Contributors 263(4) Index 267(12) Acknowledgments 279
Isfahan Merali is Legal Counsel of the Ontario Human Rights Commission. Valerie Oosterveld is a Legal Officer with the Canadian Department of Foreign Affairs and International Trade.
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