Economic, Social and Cultural Rights as Components in Civil and Political Rights: A Hermeneutic Perspective

In a considerable number of cases the European Court of Human Rights has held that civil and political rights encompass (social) fulfilment elements, which are otherwise considered non-justiciable under the conventions on economic, social and cultural rights. This integrated approach has frequently been described in legal literature. However, a satisfactory normative explanation to the phenomenon has not been given, and we have not developed clear legal principles of guidance to treaty bodies when having to decide when and to what extent social facts can be considered legally relevant under the conventions on civil and political rights. The article applies a hermeneutic perspective in search of a better understanding of the integrated approach, the legal implications of the notion of the indivisibility of human rights and the justiciability of economic, social and cultural rights.