Where is R2P grounded in international law? Anne-Marie Judson A ...

The International Covenant on Economic, Social and Cultural Rights (1966) also acknowledges
and guarantees rights without discrimination to race, colour, sex, language, religion,
political or other opinions including national or social origin, birth and other status. 215
This particular Convention goes beyond general protection duties of a state to protect
civilians under grave threats. It includes the right to work, 216 the right to steady
economic, social and cultural development and the right to fundamental and
economic freedom. 217 It also covers the right to a minimum wage without distinction
of any kind, reinforcing non-tolerance for discrimination in the work place. 218 This
non-discrimination policy extends to equal opportunity for promotion, working
conditions, holidays and the right to join trade unions. 219
It ascribes special conditions for pregnant women and children. The state signatory
must protect children from economic and social exploitation and age limits are
imposed on the state to ensure protection of the vulnerable. Women are given special
rights for pregnancy leave. 220 The state is assigned the responsibility to continuously
improve production methods, conservation and distribution of food, which includes
being considerate of import and export problems associated with need. 221 The
responsibility extends to the prevention, treatment and control of epidemics,
occupational and other diseases. 222
Although this Convention goes beyond grave breaches against humanity in
terminology it also shows that the state is responsible for the underlying problems that
create grievances in the home, in the work place and the general environment. It
shows us how these grievances can be prevented if the state complies with their duties
in international law. It also shows how individual grievances can turn into collective
grievances based on race, gender or culture. Differential treatment from the
government or employers could become an underlying source of collective grievance.
215 United Nations. (1966). The International Covenant on Economic, Social and Cultural Rights.
New York : United Nations. As of June 2011 there were 160 parties to the Convention
216 Article 6. (1)
217 Article 6 (2)
218 Part iii, article 7 (a) and (i)
219 Part iii article 7 (d) and 8 (1)
220 Article 10
221 Part iii article 11 (b)
222 Part iii, articles 12 (1), 12 (2), a, 12 (2) b, and 12 (2) c
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