1.

SUMMARY OF ICESCR:
The Covenant follows the structure of the UDHR and the ICCPR, with a preamble and thirty-
one articles, divided into five parts.
Part 1 (Article 1) recognises the right of all peoples to self-determination, including the right
to "freely determine their political status", pursue their economic, social and cultural goals, and
manage and dispose of their own resources.
Part 2 (Articles 2–5) establishes the principle of "progressive realisation" – see below. It also
requires the rights be recognised "without discrimination of any kind as to race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other
status".
Part 3 (Articles 6–15) lists the rights themselves. These include rights to
 work, under "just and favourable conditions", with the right to form and join trade unions
(Articles 6, 7, and 8);
 social security, including social insurance (Article 9);
 family life, including paid parental leave and the protection of children (Article 10);
 an adequate standard of living, including adequate food, clothing and housing, and the
"continuous improvement of living conditions" (Article 11);
 health, specifically "the highest attainable standard of physical and mental health" (Article
12);
 Education, including free universal primary education, generally available secondary
education and equally accessible higher education. This should be directed to "the full
development of the human personality and the sense of its dignity", and enable all persons
to participate effectively in society (Articles 13 and 14);
 Participation in cultural life (Article 15).
Many of these rights include specific actions which must be undertaken to realise them.
Part 4 (Articles 16–25) governs reporting and monitoring of the Covenant and the steps taken
by the parties to implement it. It also allows the monitoring body – originally the United
Nations Economic and Social Council – now the Committee on Economic, Social and Cultural
Rights – see below – to make general recommendations to the UN General Assembly on
appropriate measures to realise the rights (Article 21)
Part 5 (Articles 26–31) governs ratification, entry into force, and amendment of the Covenant.
2. THE RIGHTS PROTECTED UNDER THE ICESCR INCLUDE:
2.1. Labour rights:
Article 6 of the Covenant recognizes the right to work, defined as the opportunity of everyone
to gain their living by freely chosen or accepted work. This is effectively defined
by Article 7 of the Covenant, which recognizes the right of everyone to "just and favourable"
working conditions.
Article 8 recognizes the right of workers to form or join trade unions and protects the right to
strike. It allows these rights to be restricted for members of the armed forces, police, or
government administrators.
2.2. Right to social security:
Article 9 of the Covenant recognizes "the right of everyone to social security, including social
insurance". It requires parties to provide some form of social insurance scheme to protect

and requires parties to accord it "the widest possible protection and assistance". and equally accessible higher education Articles 13. 2. 2. Right to family life: Article 10 of the Covenant recognises the family as "the natural and fundamental group unit of society".2 requires parties to take specific steps to improve the health of their citizens. and to ensure that families are adequately supported. and creating conditions to ensure equal and timely access to medical services for all. 2. 2. but is not limited to. clothing. housing. universal and compulsory primary education.3 and 13. enjoy the benefits of scientific progress.people against the risks of sickness. also referred to as freedom of education. and to benefit from the protection of the moral and material rights to any scientific discovery or artistic work they have created. to rapidly adopt a detailed plan of action for its introduction "within a reasonable number of years". including reducing infant mortality and improving child health. controlling and treating epidemic diseases.6.4 require parties to respect the educational freedom of parents by allowing them to choose and establish private educational institutions for their children. orphans. 2.4.3. disability. to provide for survivors. and "the continuous improvement of living conditions". Right to an adequate standard of living: Article 11 recognises the right of everyone to an adequate standard of living. maternity. Right to free education: Article 13 of the Covenant recognises the right of everyone to free education (free for the primary level and "the progressive introduction of free education" for the secondary and higher levels). These include the provision of free. Parties must ensure that their citizens are free to establish families and that marriages are freely contracted and not forced.2 lists a number of specific steps parties are required to pursue to realise the right of education. Article 12. . preventing. improving environmental and workplace health. This includes. and those who cannot afford health care. It also creates an obligation on parties to work together to eliminate world hunger. Article 13. Article 14 of the Covenant requires those parties which have not yet established a system of free compulsory primary education. unemployment or old age. Right to participation in cultural life: Article 15 of the Covenant recognises the right of everyone to participate in cultural life. "generally available and accessible" secondary education in various forms (including technical and vocational training).7. Right to health: Article 12 of the Covenant recognises the right of everyone to "the enjoyment of the highest attainable standard of physical and mental health".5. employment injury. the right to adequate food.

e. The aggrieved person can claim before the Central Human Rights Commission.). 2. The Indian Penal Code defines and narrates different offences. 3. ICESCR represents and protects the human rights of ‘second generation’. violation which gives rise to judicial remedies. State Human Right Commission or other domestic tribunals. social and cultural rights (e. These are similar to the Directive Princip’s of state policy (Part- Ill) of our Constitution. (There is no scope of judicial remedies in case of Directive Principles of State Policy of our Constitution. ICESCR: 1. The Court cannot force the State to implement the provisions of part-IV. It shows the ways to the State to implement certain programmes to uplift the living standards of human beings and to protect the human culture. 2.). trade unions social security. 1. It explains human rights pertaining to economic. to provide adequate housing. The provisions of ICCPR are similar to the provisions of Fundamental Rights in the Indian Constitution. The provisions of ICESCR are similar to the provisions of the Directive Principles of State Policy in the Indian Constitution.implementation of which cannot give rise to judicial remedies. In the similar way ICCPR defines and narrates certain things not supposed to be done by the States. not to show discrimination.g. ICCPR represents and protects the human rights of first generation. 4. It explains human rights pertaining to cultural and political rights (i. Human Right Court. not to torture. which are prohibited. The rights incorporated in ICESCR are positive in character. The rights incorporated in ICCPR are negative in character just like the provisions in the penal code of a municipal law. . 5.) 5. medical facilities. non. 4. etc. DIFFERENCES BETWEEN ICCPR AND ICESCR: Important Differences between ICCPR and ICESCR are given below: ICCPR: 1. The judicial remedies are provided to the aggrieved persons. There is no scope of judicial remedies. in cases their civil and political rights are violated by the State. etc. 3.