5
Introduction
Margot E. Salomon
In recent years, increased attention has been given to economic, social and cultural
(ESC) rights internationally and, to a certain degree, domestically. However not
enough has been done to consider fully and systematically the economic, social
and cultural rights of minorities and indigenous peoples. This guide aims to bridge
that gap. It provides an overview of ESC rights and how they can be applied to
minorities and indigenous peoples. Aimed at minority and indigenous activists and
those working with them, each chapter has been written by an expert on a different right. The contributors are familiar with a particular region or regions, and
bring to the guide their experience using diverse mechanisms to advocate for
securing ESC rights.
Each chapter focuses upon a different ESC right and describes the legal
standards, the various enforcement mechanisms, and guidelines for successful civil
society advocacy. Since many of the examples provided in individual chapters
could be applied to various ESC rights, to get the most out of this guide, readers
should review the suggestions for action in each chapter and consider how the
different strategies discussed could be applied to their specific area of work.
Nearly the world over, minorities and indigenous peoples face discrimination,
entrenched exclusion and particular concerns regarding the preservation of their
identity. This guide considers the specific content of their economic, social and
cultural rights in law: the rights to food, water, housing, health, a healthy environment, education, labour rights and the scope and significance of cultural rights.
Rights that are not discussed in dedicated chapters are often referred to in chapters
addressing a closely related theme. For example, the right to land and property is
discussed in the chapter, ‘Housing rights’, and the right to social security is
addressed in the chapter, ‘Labour rights’. The annexes provide practical information and a valuable list of resources, including further guidance on the methods
and means of targeting various bodies in advocacy work.
Where are ESC rights found and how do they apply to minorities and
indigenous peoples?
Economic, social and cultural rights are found in a range of international human
rights instruments including the International Covenant on Economic, Social and
Cultural Rights (ICESCR),1 the International Convention on the Elimination of