Should the Covenant on Economic Social and Cultural Rights form part of UK law?
The CESCR, in its Concluding Observations “strongly recommends” that the UK re-examine the matter of incorporation of the Covenant in domestic law. It contests the view of the Government, as put forward to the Committee during their consideration of the Report, that the Covenant rights are principles and programmatic objectives rather than legal obligations. Incorporation of the Covenant rights is not required under the Covenant. However, the CESCR, in its General Comment on the Domestic Application of the Covenant (General Comment No 9) outlines three principles for the domestic implementation of ICESCR rights: The means of implementation chosen must be adequate to ensure fulfilment of the obligations under the Covenant; Account should be taken of the means which have proved most effective in ensuring the protection of other human rights in the jurisdiction (and any departure from these means with regard to economic and social rights should be clearly justified); An approach which dir
