THE CONCEPT OF "PROGRESSIVE REALIZATION" AS A REASON FOR THE MARGINALIZATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS

ABSTRACT In the Universal Declaration of Human Rights, human rights are addressed in a holistic manner without being subjected to any classification. This holistic approach is not only in harmony with the Charter of the United Nations but also is consolidated by the Vienna Declaration and Plan of Action accepted at the World Human Rights Conference. Although this approach, which puts forth that the classification of human rights as civil and political rights and economic, social and cultural rights lacks ground, has been supported by the doctrine, it can be seen that economic, social and cultural rights have still been marginalized in practice. One of the main reasons for this marginalization is that the need for financial resources for the realization of economic, social and cultural rights is confirmed by using a different language on the relevant provisions regarding obligations of states arising from the Twins Covenants. In this regard, the concept of "progressive realization" expressed in the International Covenant on Economic, Social and Cultural Rights, but is not stated in the International Covenant on Civil and Political Rights has caused misunderstandings in practice and weakened the protection of the rights recognized in the ICESCR. The clarification of the concept of progressive realization is important to make the rights recognized in the Covenant meaningful in practice. In this study, the meaning and borders of the concept of progressive realization accepted for the realization of economic, social and cultural rights are addressed in the light of the obligations of states arising from the ICESCR