Economic, Social and Cultural Rights
Course Syllabus
Professor Ingrid Nifosi-Sutton
Learning Objectives: After more than two decades of neglect, economic, social and
cultural rights have increasingly gained the attention of the international community. The
breakthrough was the 1993 Vienna Declaration and Programme of Action. In this
document the World Conference on Human Rights unequivocally affirmed that all human
rights are universal, indivisible, interdependent and interrelated, and further stressed the
need to strengthen the enjoyment of economic, social and cultural rights, and ensure their
recognition at the national, regional and international level. The centrality of an effective
enjoyment of economic, social and cultural rights has then been reiterated in other
important UN documents such as the UN Millennium Declaration and the 2005 World
Summit Outcome. Thus, since 1993, there has been a more proactive attitude by states
and international organizations toward the implementation of economic, social and
cultural rights and a growing interest in the topic by academics. Given such
developments, it is crucial that students are exposed to the protection of economic, social
and cultural rights, the changes it has undergone, its legal underpinnings, and future
challenges. The learning objectives of this course are the following:
1) To make students aware of the reasons for the marginalization of economic, social
and cultural rights by the international community;
2) To illustrate the functioning of the international regime for the protection of
economic, social and cultural rights;
3) To elucidate the normative content of the rights at stake;
4) To analyze the practice of regional human rights monitoring bodies that have
decided cases in which economic, social and cultural rights have been at stake;
5) To examine relevant state practice to verify to what extent economic, social and
cultural rights are recognized and implemented at the national level; and
6) To critically discuss future challenges to the implementation of economic, social
and cultural rights.
Course Description: The course will begin with an elucidation of the concept of
economic, social and cultural rights. The drafting history of the 1966 International
Covenant on Economic, Social and Cultural Rights will be examined. This exercise will
allow the inference of states’ views on the nature and implementation of economic, social
and cultural rights and the reasons for their neglect. The course will subsequently focus
on the international regime for the protection of economic, social and cultural rights. We
will analyze the significance of the 1966 International Covenant on Economic, Social and
Cultural Rights; the mandate and work methods of the UN Committee on Economic,
Social and Cultural Rights and the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights. The implications of broadening the mandate of
the Committee on Economic, Social and Cultural Rights to include consideration of
individual complaints will be discussed. The course will then examine the nature of
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international obligations relating to economic, social and cultural rights and pay special
attention to the scope and legal significance of some of the provisions enshrined in the
1966 Covenant.
The overview of the international regime for the protection of economic, social and
cultural rights will be complemented by an examination of the relevant practice of
regional human rights monitoring bodies such as the European Court of Human Rights,
the European Committee on Social Rights, the African Commission on Human and
Peoples’ Rights, the Inter-American Commission on Human Rights and the InterAmerican Court of Human Rights. The course will conclude with a look at state practice
and consider relevant case-law from South Africa and India.
Course Requirements
1. Class participation. Active class contribution is important to success in this
course. Students will contribute weekly to class discussion. Students are expected
to be prepared to discuss assigned reading materials in class. Assigned reading
materials are available electronically on the course page on MyWCL. Students
who wish to have a printed version of the materials can purchase it at the copy
center of the Law School. In order to make class discussion focused and
structured the instructor will post questions pertaining to the weekly readings
every Saturday on MyWCL. Students are required to come to class ready to
answer the questions.
2. Class Attendance. Students are expected to attend class regularly, at a minimum
75% of the time, to receive credit. (The maximum number of classes from which
they can be excused is 3). Students who fail to comply with the attendance
requirement may not be allowed to receive credit for the class.
3. Final Paper. Students will choose a topic of special interest subject to the
instructor’s approval. The paper should be 20-25 pages. It must not exceed 25
pages. Students are advised that if their paper exceeds the above length limit the
instructor will not consider or read excessive pages.
4. Independent Studies and Upper-Level Writing Requirement. Students who
wish to write an independent study are welcome to do so. They are required to
write 20-25 more pages on top of the 20-25 pages normally required. They are
expected to write a 40-50 page study. The paper must not exceed 50 pages.
Students who wish to write a paper to satisfy the upper-level writing requirement
are also welcome to do so. In this case the paper should be no less than 30 pages.
It must not exceed 50 pages. Students are advised that in case their study/paper
exceeds the above length limits the instructor will not consider or read excessive
pages.
5. The deadline for submitting the paper topic is Wednesday, February 24,
2016. Students are required to inform the instructor about their paper topic via e-
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mail. Students are required to submit a consolidated outline of the paper together
with information on the paper topic.
6. The deadline for submitting the paper/independent study/upper-level writing
requirement paper is Sunday, May 1, 2016, by 11 pm. Late submissions will be
penalized with half letter grade deduction per day. Students are required to
submit their papers through the drop box of the course webpage on MyWCL.
7. Final Grade. The Final grade will result from the following:
a. Class participation: 25%
b. Final Paper: 75%
8. Office Hours. The instructor’s office hours are every Wednesday from 10 am to
11 am and other times by appointment.
Weekly Topics
Week 1: Introduction to the course; the concept of economic, social and cultural rights.

Assignment on economic, social and cultural rights.
Week 2: Marginalization of economic, social and cultural rights; the 1966 Covenant on
Economic, Social and Cultural Rights; the system of supervisions and the Optional
Protocol; current relevance of economic, social and cultural rights.
Readings
 Magdalena Sepúlveda, “The Drafting History of the Covenants and the Alleged
Difference in Nature of the Rights and Obligations”, in The Nature of Obligations
under The International Covenant on Economic, Social and Cultural Rights, 2003,
pp. 116-133.
 The 1966 International Covenant on Economic, Social and Cultural Rights, Articles
2-4 and 6-15.
 The mandate of the Committee on Economic, Social and Cultural Rights.

Recommended reading:
The 1948 Universal Declaration of Human Rights.
Week 3: Analysis of the Covenant on Economic, Social and Cultural Rights: Article 2
(1) on the nature of state obligations relating to economic, social and cultural rights.
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Readings
 Committee on Economic, Social and Cultural Rights General Comment No. 3 on the
Nature of State Parties Obligations.
 Minister of Health v. Treatment Action Campaign (TAC), (2002) 5 SA 721 (CC), pp.
3-7, 16-29, 34-52, 54-56, 78-80.
 Committee on Economic Social and Cultural Rights Concluding Observations on
China’s initial report, E/C.12/1/Add.107, May 2005, (to be read and discussed in
class).
Week 4: Analysis of the Covenant on Economic, Social and Cultural Rights: Article 2
(2) on the prohibition of discrimination; Article 3 on the equal right of men and women to
the enjoyment of all economic, social and cultural rights. Role-play.
Readings
 Committee on Economic, Social and Cultural Rights General Comment No. 20
E/C.12/GC/20.
 Committee on Economic, Social and Cultural Rights General Comment No. 16,
E/C.12/2005/4.
 Belgium’s Third Periodic Report, E/C.12/BEL/3, pp. 18-27.
 Woods and Lewis, Human Rights and the Global Market Place: Economic Social
and Cultural Dimensions, 2005, pp. 408-411.
Week 5: Enforcement of the prohibition of discrimination on the ground of race in the
field of education.
Readings
D.H. and Others v. the Czech Republic. Application no. 57325/00, Judgment of 13
November, 2007, paragraphs 12-28; 108-109; 124-127; 175-210; 211-217; and dissenting
opinions.
Week 6: Analysis of the Covenant on Economic, Social and Cultural Rights: Article 6 on
the right to work. Case study: forced labor in Brazil.
Readings
 Committee on Economic, Social and Cultural Rights General Comment No. 18,
E/C.12/GC/18.
 James L. Bischoff, “Forced Labor in Brazil: International Criminal Law as the Ultima
Ratio modality of Human Rights Protection”, Leiden Journal of International Law,
19 (2006), pp.168-175.
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Week 7: The right to an adequate standard of living: the right to adequate housing and
the rights to water and sanitation.
Readings
 European Roma Rights Centre v. Italy, Complaint No. 27/2004.
 Financing the realization of the rights to water and sanitation, Report of the
Special Rapporteur on the human right to safe drinking water and sanitation,
A/66/255, pp. 6-7 and 14-19.
Week 8: Analysis of the Covenant on Economic, Social and Cultural Rights: Article 15
on Cultural Rights. Case study: Indigenous Peoples’ cultural rights in Guatemala.
Readings
 Elsa Stamatopoulou, Cultural Rights in International Law: Article 27 of the Universal
Declaration of Human Rights and Beyond, 2007, pp. 112-129.
 Report of the Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people. Mission to Guatemala. E/CN.4/2003/90/Add.2, pp.
18-21.
Week 9: Workshop on the right to health
Week 10: Regional protection of economic, social and cultural rights.
Readings
 Decision Regarding Communication No. 155/96, The Social and Economic Rights
Action Center and the Center for Economic and Social Rights/Nigeria-African
Commission of Human and Peoples’ Rights, as reproduced in Judicial Protection of
Economic, Social and Cultural Rights, edited by DR. Bertrand G. Ramcharan, 2005,
pp.165-178.
 IACHR, Report No. 29/01, Case 12.249, Jorge Odir Miranda Cortez y Otros v. El
Salvador, paras. 1-23 and 34-36.
Relevant legal Texts
 The 1981 African (Banjul) Charter on Human and Peoples’ Rights available at
http://www.achpr.org/english/_info/charter_en.html
 The 1948 American Declaration on the Rights and Duties of Man available at
http://www.cidh.oas.org/Basicos/English/Basic.TOC.htm
 The 1969 American Convention on Human Rights
available at http://www.cidh.oas.org/Basicos/English/Basic.TOC.htm
 The 1988 Protocol of San Salvador available at
http://www.cidh.oas.org/Basicos/English/Basic.TOC.htm
Week 11: Regional protection of economic, social and cultural rights.
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Readings
 Inter-American Court of Human Rights, Case of “Juvenile Reeducation Institute” v.
Paraguay, Judgment of September 2, 2004.
Week 12: Protection of economic, social and cultural rights at the national level.
Readings
 The Government of the Republic of South Africa v. Irene Grootboom and Others,
(Republic of South Africa Constitutional Court), Case CCT 11/00.
Week 13: Protection of economic, social and cultural rights at the national level.
Readings
 Bandhua Mukti Morcha , ect. (Petitioners) v. Union of India and Others
(Respondents), (AIR (1997) SC 2218), as reproduced in Judicial Protection of
Economic, Social and Cultural Rights, edited by DR. Bertrand G. Ramcharan, 2005,
pp. 289-296.
Week 14: Review and critical discussion of the weekly topics. Exercise: visualizing
economic, social and cultural rights.
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