Justiciability of Economic, Social, and Cultural Rights: Should There be an International Complaints Mechanism to Adjudicate The Rights to Food, Water, Housing, and Health?

This chapter aims to contribute to the task from several perspectives. First, it reviews the proposal and the views that have been presented by the Independent Expert and in the Working Group. The chapter next examines the relevant negotiating background of the Universal Declaration of Human Rights (UDHR) and the two Covenants in order to assess the validity of some of the arguments put forward in support of a new complaints mechanism. It surveys some of the Committee's recent interpretive pronouncements, including on key aspects of the right to an adequate standard of living set forth in International Covenant on Economic, Social and Cultural Rights (ICESCR) Article 11 (specifically the rights to housing, food, and water) and the right to health under Article 12, in order to discern the likely leanings of the Committee under a complaints mechanism. The chapter examines the likely impact of the proposal on the work of various specialized agencies.