332 THE ADVOCATE
VOL. 79 PART 3 MAY 2021
convenient to acknowledge during the superpower ideological struggles of
the 20th century.
The division of rights between covenants was much criticized, including
because it does not recognize the interrelationships that exist between the
various rights, what may equip people to exercise them and what may flow
from their exercise. Unlike the ICCPR, in its original form the ICESCR also
does not provide a direct complaint mechanism for individuals to use if
they feel their economic, social or cultural rights have been infringed.
Rather, historically, the focus at the United Nations level has had to be on
evaluating the reports of parties to the ICESCR—namely, states themselves.
The economic rights4 set out in the ICESCR include the following:
• “the right to work, which includes the right of everyone to the
opportunity to gain his living by work which he freely chooses or
accepts” (Article 6(1));
• “the right of everyone to the enjoyment of just and favourable conditions
of work which ensure, in particular: (a) remuneration
which provides all workers, as a minimum, with … fair wages and
equal remuneration for work of equal value without distinction of
any kind … and a decent living for themselves and their families
in accordance with the provisions of the present Covenant; (b)
safe and healthy working conditions; (c) equal opportunity for
everyone to be promoted in his employment to an appropriate
higher level, subject to no considerations other than those of seniority
and competence; (d) rest, leisure and reasonable limitation
of working hours and periodic holidays with pay, as well as remuneration
for public holidays” (Article 7);
• “the right of everyone to social security, including social insurance”
(Article 9); and
• “the right of everyone to an adequate standard of living for himself
and his family, including adequate food, clothing and housing, and
to the continuous improvement of living conditions” (Article 11).
Article 2(1) is among the provisions of the ICESCR that describe how
states are to implement the rights described elsewhere in the text. Article
2(1) provides that each state party “undertakes to take steps, individually and
through international assistance and co-operation, especially economic and
technical, to the maximum of its available resources, with a view to achieving
progressively the full realization of the rights recognized in the present
Covenant by all appropriate means, including particularly the adoption of
legislative measures”. Unpacking this provision somewhat, it both: