Implementing economic and social rights in ‘domestic’ jurisdictions: understanding the minimum core obligations approach

Abstract

This paper investigates the possibility and efficacy of identifying core obligations that should apply to all States in the implementation of Economic and Social Rights (ESRs). The paper acknowledges that ESRs are largely resource dependent, require progressive realisation and that States differ in their level of economic development. However, the paper finds that while the above factors are worth considering, they do not wholly offer reasonable justification to dismiss the core obligations approach. First, the paper examines the core obligations approach. This is followed by the discussion on why this approach should apply to all States. Thereafter, the discussion turns to objections that have been levelled against the core obligations approach. The paper attempts to offer responses to such criticisms. The paper then concludes with the view that although the approach has its challenges, it offers a good conceptual starting point towards the fulfilment of ESRs in domestic jurisdictions.