ABSTRACT

This chapter deals with the historical, theoretical and legal background of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It provides a necessary framework of reference for the present study by setting forth an overview of the development of ICESCR in the United Nations (UN) human rights system. The history of the legal developments in the area of Economic, Social and Cultural Rights is relatively recent, but the historical origin of those rights is based on previous religious, political and philosophical traditions. The 1929 economic crisis and the interwar period clarified the importance of social protection and strong governmental interventions in the economic sphere in favour of developing the full employment theory. The debate and the different positions on the nature and characteristics of ESCR influenced since the beginning the legal developments related to the national and international protection and implementation of human rights.