The relationship between economic, social, and cultural rights and international humanitarian law
Economic, social, and cultural rights in international law : contemporary issues and challenges
Oxford : Oxford University Press, 2014
This chapter first explores the meaning of economic, social, and cultural (ESC) rights from the perspective of international humanitarian law (IHL). It then examines the general articulation of both human rights law and IHL. It moves, next, to the relevance of ESC rights in the application of IHL. As the UN human rights bodies develop their appproach on the application of human rights law in armed conflict, we are likely to see terms and rules of IHL being complemented or interpreted in the light of the developing law in this area. Finally, the role of IHL in the interpretation of ESC rights is examined to understand how the UN Committee on ESC Rights, as well as other mechanisms, have referred directly or inderiectly to IHL rules in practice in order to interpret or define the content of certain rights.
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