“Protection & Implementation of Economic, Social & Cultural Rights under the Constitution in Compliance of ICESCR.”

Abstract

The protection and implementation of Economic, Social, and Cultural Rights (ESCR) under national constitutions, in compliance with the International Covenant on Economic, Social, and Cultural Rights (ICESCR), form a critical foundation for the realization of human dignity and sustainable development. This research investigates the ways in which countries can align their constitutional frameworks with the obligations set out in the ICESCR, focusing on the legal mechanisms necessary for the effective protection and realization of these rights. The ICESCR, adopted by the United Nations, obligates state parties to ensure the rights to work, education, health, adequate living standards, and social security, among others. This monograph examines the challenges and opportunities associated with incorporating these rights into national legal systems, the principle of progressive realization, and the role of national institutions, including courts and human rights bodies, in enforcing these rights. The study delves into the intersection between international law and domestic constitutions, emphasizing the need for robust legal frameworks, state accountability, and resource allocation to achieve compliance with ICESCR provisions. It discusses the importance of judicial enforcement, public awareness, and the role of National Human Rights Institutions (NHRIs) in advancing ESCR, along with mechanisms for international cooperation. Through a case study of Bangladesh, the research further explores the practical application of these principles within the context of a developing nation, considering the specific challenges faced in the progressive realization of ESCR, such as budgetary constraints, gender equality, and access to basic services. Ultimately, the research highlights the importance of integrating ESCR into constitutional and legal frameworks, advocating for the strengthening of accountability mechanisms, and ensuring effective state and institutional action in line with international human rights standards. The findings provide valuable insights for policymakers, legal scholars, and human rights advocates working towards the realization of ESCR globally.