The Judiciability of Economic, Social and Cultural Rights

The Judiciability of  Economic, Social and Cultural Rights

       Economic, social and cultural rights (here-in-after referred as ESC rights) are the important parts of human rights. But these rights are neglected for a long time. Ths makes the development of civil, political rights between ESC rights ambulant, and the of substantial and procedural state responsibility of protecting ESC rights asymmetric. The study of judiciability of ESC rights can make state responsibility for these kind of rights more clear, reinforce the judicial and quasi-judicial remedies, and make better realization and protection of these rights. There are few systemic scientific researches focusing on this field, which is why the study of this topic is on a relevant blank basis.  

       The monograph begins with the impediments and necessities of judiciability of ESC rights, and then, focuses on the standards and practices of judiciability of ESC rights including stipulations, procedures and practices at the international, regional and national levels. The study clarifies status quos, problems and experiences related to judiciability of ESC rights, and on this basis, makes recommendations for improvement of judiciability of ESC rights in China.

      The monograph demonstrates the idea confined in “no remedies, no rights”, which implies that  for individual ESC rights the remedy is of most importance. However, the historic, conceptual and systematic affluence, the shortage of recourses and implementation mechanisms obstruct the judiciability of ESC rights of individuals and other subjects both on international and domestic levels. So, international and regional organizations, as well as every state should take steps to make sure the individuals and other subjects have the litigation competence. They should also enlarge the extent of judiciable rights and provide more judiciable mechanisms in order to further improve the judiciability of ESC Rights. Considering that in China, there is no judiciability for ESC rights in international and constitutional law, and there are problems of judiciability of ESC Rights in general law, China should improve legal remedies for ESC rights in accordance with its international obligations by using the others’ experience for reference.  The new idea of the monograph is to study the scope, content and extent of judiciability of ESC rights both in theory and practice and to demonstrate the significance of “proportionality” as the review standard of the state responsibility to progressive realization.