higher education. The right to health, which the Declaration covers as part
of an adequate standard of living, has a separate article in the Covenant:
article 12 recognizes the right to the highest attainable standard of physical
and mental health, and includes specific health-related issues such as environmental hygiene and epidemic and occupational diseases. Article 6 on
the right to work is complemented by article 7, elaborating the right to just
and favourable conditions of work, providing for health and safety at work,
equal opportunities for promotion and remuneration for public holidays.
One notable difference between the two Covenants is the principle of progressive realization in part II of the International Covenant on Economic,
Social and Cultural Rights. Its article 2 (1) specifies that a State party “undertakes to take steps, […] to the maximum of its available resources, with
a view to achieving progressively the full realization of the rights recognized
in [the Covenant]”. The principle of progressive realization acknowledges
the financial constraints State parties may face. However, it also imposes
an immediate obligation to take deliberate, concrete and targeted steps
towards the full realization of the rights of the Covenant. The Covenant also
recognizes the wider role of the international community (arts. 2 (1), 11 (2),
15 (4), 22 and 23), building on the principles in articles 22 and 28 of the
Universal Declaration of Human Rights.
Part IV requires all State parties to report periodically to the Economic and
Social Council. In 1985, the Council created the Committee on Economic,
Social and Cultural Rights to receive reports from State parties on the measures they have taken to give effect to the Covenant and the progress they
have made.5
Its Optional Protocol, of 2008, enables State parties to accept additional
procedures. It establishes a fully fledged complaint procedure, including individual petitions, inquiries and inter-State complaints.
2. International Covenant on Civil and
Political Rights (1966)
The International Covenant on Civil and Political Rights, like the International
Covenant on Economic, Social and Cultural Rights, elaborates the civil and
political rights set out in the Declaration, with the exception of the right to
property and the right to asylum (which was covered separately in the 1951
Convention relating to the Status of Refugees). It also includes additional
rights, such as the rights of detainees (art. 10) and the protection of minorities (art. 27).
5
Resolution 1985/17.
8
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