Following consultation with more than 200 NGOs worldwide, this manual aims to define the content of economic, social and cultural (ESC) rights and to empower the actions of NGOs working to tackle poverty. It elaborates standards for poverty eradication extracted from comparative case law by highlighting the interpretation techniques used by judges throughout a series of landmark cases on ESC rights around the world. It aims to support advocacy and training initiatives.
The manual has, as its starting point, the idea that one of the main obstacles to the justiciability of ESC rights under the International Covenant of Economic, Social and Cultural Rights (ICESCR) is ascertaining whether or not a State party has satisfied its obligations with respect to the rights enumerated in the treaty. The underlying reason for this challenge appears to be the concept of ‘progressive realisation’, which explains how State parties continue to advance in fulfilling the right even if the right is not fulfilled in its entirety. For several years, judges have developed, through their judicial decisions, standards for measuring the advancement of ESC rights. This manual seeks to provide concrete examples of rights enforcement and clarification of the relationship between the judicial enforcement of ESC rights and relief for the poor in reality. Since progressive social movements are inserting rights-based litigation strategies into their work, this manual is directed to NGOs and grassroots organisations.
The cases included in the manual reveal the activism of courts in protecting the human rights of the most marginalised and vulnerable groups of society, including children, older people, people with disabilities, indigenous groups and minorities, and migrants. Selected cases on ESC rights quoted in the text have provided crucial core elements in the fight against poverty and have empowered communities in the combat against poverty.
Gender issues are also highlighted as a vital component to be mainstreamed in every anti-poverty action, programme or strategy. A gender perspective heightens the sensitivity of any intervention and leads to a focus on behavioural change in societies.
