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Economic, social and cultural rights of women: International legal framework, justiciability and challenges

Sardar M.A. Waqar Khan Arif

International Journal of Law and Management

ISSN: 1754-243X

Article publication date: 11 February 2019

519

Abstract

Purpose

The purpose of this paper is to highlight the legal framework and challenges to economic, social and cultural (ESC) rights of women.

Design/methodology/approach

This paper focuses on ESC rights of women. ESC rights are recognized under primary instrument International Covenant on Economic, Social and Cultural Rights (ICESCR), which is adopted by the United Nations (UN) in 1966. States have obligations to respect, protect and fulfil ESC rights. This paper aims to address ESC rights of women in particular. It analyzes the international legal framework including provisions of UN Charter, the Universal Declaration of Human Rights (UDHR) and ICESCR and its optional protocol. It also analyzes provisions of Women’s Convention and identifies its linkage to ICESCR.

Findings

ESC rights are not justiciable and growing debate over justiciability is important for consideration. Also, there exist certain challenges for the progressive realization of ESC rights which need to be addressed by analyzing provisions of the existing legal framework and Maastricht Guidelines. The argument developed throughout the paper is that women’s ESC rights may be protected at all levels by the progressive realization of these rights. The issue of justiciability may also be resolved to protect the basic needs and interests of women that leads to their empowerment.

Originality/value

The work is original and not published by any other journal so far.

Keywords

Acknowledgements

Sardar M.A. Waqar Khan Arif is Head of Department at Department of Law, University of Kotli, Azad Jammu and Kashmir. He is also PhD (Law) Candidate at International Islamic University Islamabad (IIUI), Pakistan-cum- Rijks Universiteit Groningen, The Netherlands. The author wishes to thank Dr Muhammad Mushtaq Ahmad, Director General Shariah Academy, IIUI for valuable suggestions and guidelines. Special thanks to Prof. Dr Marcel Brus, Chairman, Department of International law, Rijks Universiteit Groningen, The Netherlands for superb research assistance and suggestions. Also the author wishes to thank Dr Khurshid Iqbal (Civil Judge-cum-Judicial Magistrate, Dean KPK Judicial Academy Peshawar for his insight and detailed comments. All errors remain solely with author.

Citation

Arif, S.M.A.W.K. (2019), "Economic, social and cultural rights of women: International legal framework, justiciability and challenges", International Journal of Law and Management, Vol. 61 No. 1, pp. 191-204. https://doi.org/10.1108/IJLMA-01-2018-0002

Publisher

:

Emerald Publishing Limited

Copyright © 2019, Emerald Publishing Limited

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