Work

Recognizing future generations under the International Covenant on Economic, Social and Cultural Rights: An overdue reappraisal

Year: 2026

Type: article

Abstract: In the face of multiple threats to humanity’s future existence and well-being, international law is increasingly evolving in the direction of recognizing human rights obligations towards future generations (FG). This article explores whether the leading international human rights treaty protecting economic, social, and cultural rights, the International Covenant on Economic, Social, and Cultural Rights, can be understood and interpreted to apply to FG. It finds that, although FG were not expressly contemplated as rights holders at the time of the Covenant’s drafting, a teleological and evolutionary interpretation of the Covenant supports the recognition of obligations towards FG. The article proceeds to argue that, whilst the recognition of obligations towards FG under the Covenant represents a welcome development, it must be accompanied by a fundamental reappraisal of many of the foundational doctrines of the International Covenant on Economic, Social, and Cultural Rights. The direction that this reappraisal should take is explored in the context of two key doctrines—progressive realization and the maximum of available resources.

Source: Human Rights Law Review

DOI: 10.1093/hrlr/ngaf052

Authors: Sandra Liebenberg, Aoife Nolan

Institutions: Stellenbosch University, University of Nottingham

Language: English

Topic: International Law and Human Rights

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

Open Access status: hybrid

Estimated APC paid: $4,045

Funder: University of Essex