The UN Committee on Economic, Social and Cultural Rights Essay

The UN Committee on Economic, Social and Cultural Rights - Essay Example The mandate of CESCR allows it to consider the traditional, as well as emerging conceptions regarding people’s legal rights. With the appreciation of these legal rights comes the implementation of practical actions, which are conceived within a model, which has been created in the milieu of private claims against other people or public claims against the state (Pogge, Rimmer & Rubenstein 2010, p. 360). Through this knowledge, the UN CESCR attempts to make all legal rights related to people’s social, cultural and economic rights public rights rather than private rights. This is primarily because the private law model consists of three distinctive features, which comingle to attempt to displace the legal significance of people’s inherent right to health. The first feature deals primarily with theorizing that social and economic rights are positive rights and those positive rights are generally considered as non-justifiable. Rights, which require the input rather th an non-interference of government, are typically unsuited to litigation, but rather belong in the branches of government that are considered as democratic, where they are open to contestation (Dowell-Jones 2004, p. 201). Secondly, legal rights are considered as coterminous with remedies; this means that relief will only contingent on the harm caused by a breach of duty, from the duty holder to the rights holder. Therefore, successful implementations of rights are considered by the nature of relief given to the claimant.... The first feature deals primarily with theorizing that social and economic rights are positive rights and those positive rights are generally considered as non-justifiable. Rights, which require the input rather than non-interference of government, are typically unsuited to litigation, but rather belong in the branches of government that are considered as democratic, where they are open to contestation (Dowell-Jones 2004, p. 201). Secondly, legal rights are considered as coterminous with remedies; this means that relief will only contingent on the harm caused by a breach of duty, from the duty holder to the rights holder. Therefore, successful implementations of rights are considered by the nature of relief given to the claimant (Dennis & Stewart 2004, p. 467). As a consequence, when the claimants are multiple (as in the case of a state’s citizens) appropriate remedies become elusive or unattainable. Lastly, Pogge, Rimmer & Rubenstein (2010, p. 361) consider the conception of citizens’ legal rights as private to be detrimental to a government’s fulfilment of the requirements of the CESCR because such a legal system conciders health as a private good. This private good is consumed, in the form of healthcare via market-based mechanism and defended by criminal and tort law. The CESCR, therefore, deters the consideration of health as a private good in order to deter the aforementioned implications. When health is accessed collectively, in the form of a public good, it becomes protected by occupational, environmental and public health laws. In essence, the CESCR helps state parties appreciate that, outside the regimes