96
CONCLUSION
tions, be they national, regional or international,5 and not to undermine the ability
of individuals to meet their own economic, social and cultural needs. And while the
Committee on Economic, Social and Cultural Rights (CESCR) has remarked that
states have a margin of discretion in assessing which measures are most suitable
given particular circumstances,6 minimum core obligations must be given immediate effect7 and all measures must be implemented in a non-discriminatory manner.
Although the vast majority of UN member states are party to the International
Covenant on Economic, Social and Cultural Rights (ICESCR) and are thereby
bound by its provisions, other states are not void of responsibilities in this area.
Basic economic, social and cultural rights constitute part of the minimum standards
of human rights, and according to CESCR are guaranteed under customary international law thus binding all states.8 Some states may have ratified regional instruments that entrench economic, social and cultural rights and the scope of those
provisions will be informed by standards articulated at the international level, most
notably by CESCR. There is also a range of declarations that have been adopted by
the international community that reiterate the significance of economic, social and
cultural rights and reflect a universal commitment as to their core values.9
Looking to the future
In addition to myriad initiatives being undertaken at the domestic level, there are a
number of important initiatives under way at the international and regional levels
that have the potential to strengthen economic, social and cultural rights. As has
been touched on in this guide, in 2003 a UN working group was convened to
examine various modalities related to the drafting of an Optional Protocol for the
consideration of communications in relation to the ICESCR.10 Within this
working group CESCR, many NGOs, the Special Rapporteurs and states are
discussing and debating legal (and political) issues concerning the creation of a
complaints mechanism that would adjudicate on alleged violations of the rights
enshrined in the Covenant. As national courts are increasingly creating a foundation of jurisprudence that refines the contours of the domestic justiciability of
economic, social and cultural rights,11 a complementary international mechanism
providing a case-by-case elaboration of Covenant standards could contribute
meaningfully to strengthening the content and enforcement of ESC rights globally,
including in relation to the exercise of ESC rights by minorities and indigenous
peoples.12 Also of interest is the fact that CESCR is currently preparing General
Comments that will provide authoritative elaborations of state parties’ obligations
in relation to the right to work and cultural rights.
At the regional level, we have seen the entry into force, in 2004, of the Protocol
to the ACHPR on the Establishment of the African Court on Human and Peoples’