What is the International Covenant on Economic, Social and Cultural Rights?

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is an international legal instrument that was adopted by the United Nations in 1966. The ICESCR is a part of a body of human rights documents known as the International Bill of Human Rights. It is legally binding on its signatories and establishes the economic, social, and cultural rights that all individuals are entitled to as fundamental human rights. In California, the ICESCR serves as a basis for legal protection of individuals and has been incorporated into the state Constitution. Specifically, Article I, Section 1 of the California Constitution declares that “all people are by nature free and independent, and have inalienable rights…including the right to pursue and obtain safety, happiness, and privacy.” This section of the Constitution is interpreted as a reference to the ICESCR since it guarantees the protection of the economic, social, and cultural rights enumerated in the treaty. The ICESCR is also incorporated into California’s laws and policy documents. For example, the California State Legislature has been an active participant in the ICESCR process, and regularly incorporates ICESCR principles into domestic policy. Very recently, the state passed a law that places restrictions on the use of private prisons in order to protect the rights of inmates. This law is based in part on the principles of the ICESCR. Ultimately, the ICESCR serves an important purpose in California by providing a legal framework for the protection of individuals and the promotion of economic and social justice. Through the incorporation of ICESCR principles into the Constitution, state law, and policy documents, California is demonstrating its commitment to upholding the international human rights standards established by the treaty.

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What is the International Covenant on Economic, Social and Cultural Rights?

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