The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials (1)
Ben Saul et al.
Published:
2014
Online ISBN:
9780191766077
Print ISBN:
9780199640300
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The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials (1)
Ben Saul et al.
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Ben Saul,
David Kinley,
Jacqueline Mowbray
Pages
861–976
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Published:
March 2014
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Saul, Ben, David Kinley, and Jacqueline Mowbray, 'Article 11: The Right to an Adequate Standard of Living', The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials, 1 (2014; online edn, Oxford Academic), https://doi.org/10.1093/law/9780199640300.003.0013, accessed 11 Aug. 2024.
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Article 11
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Introduction
The scope of Article 11 is immense. It could, in fact, have been even broader, given that initial drafts of the Article drew directly from Article 25(1) of the Universal Declaration of Human Rights, which included the rights to health and social security in its coverage:
Article 25(1)
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circ*mstances beyond his control.1
1
UNGA Res. 217 A(III), Universal Declaration of Human Rights (10 December 1948), Article 25.
However, early in the drafting process it was made clear that the rights to social security and to health warranted their own separate treatment and so they were duly cleaved off into what were to become, respectively, Articles 9 and 12 of the Covenant. Nonetheless, as we show in this chapter, the conditions concerning ‘adequate standard of living’ that remain in Article 11—especially, when supplemented with stipulations as to how to tackle world hunger—remain both expansive and challenging.
Keywords: Right to food, Water, Right to housing, Right to adequate standard of living, Jurisdiction of states, enforcement, Development
Subject
Statehood, Jurisdiction of States, Organs of States International Economic Law International Co-operation Private International Law and Conflict of Laws Human Rights Employment and Labour Law International Organizations (Law) Social Law
Collection: Oxford Scholarly Authorities on International Law
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