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"Since that time, however, the ratification process has remained virtually dormant, although human rights and other groups have urged, from time to time, that it be reactivated." Philip Alston, U. Ratification of the Covenant on Economic, Social and Cultural Rights: The Need for an Entirely New Strategy, 84 AM J. Kerry, Chairman, Committee on Foreign Relations, United States Senate (May 11, 2009), available at Priority If the United States ratifies no other human rights treaty this century, it ought to ratify the ICESCR.
Furthermore, the Obama administration did not include ICESCR in the list of treaties forwarded to the Senate for consideration in 2009; the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) was included, but no action has been taken as of this writing. Verma, Assistant Sec'y Legislative Affairs, to John F. International Covenant on Economic, Social and Cultural Rights, Declarations and Reservations adopted Dec. There is no good reason for the United States to abstain from ratifying the ICESCR, while there are many good reasons supporting ratification and enactment of implementing legislation.
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Elizabeth Gudrais, Unequal America: Causes and Consequences of the Wide-and Growing-Gap Between Rich and Poor, HARV. 2008, at 22, available at harvardmag.com/pdf/2008/07-pdfs/0708-22 See Anna Maria Gabrielidis, Human Rights Begin at Home: A Policy Analysis of Litigating International Human Rights in U.
Id.; see also Elizabeth Gudrais, Unequal America: Causes and Consequences of the Wideand Growing-Gap Between Rich and Poor, HARV. That is true both before and after taxes: the United States also does less than most other rich democracies to redistribute income from the rich to the poor.
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International Covenant on Economic, Social and Cultural Rights, adopted Dec.
Progressive Realization of Human Rights Goals ......
This paper was written with the support of a research grant from the College of Law.
This ought to eliminate concerns about interference with the United States' sovereignty, and about the methods, costs, and means of implementing the treaty.
Part II of this Article provides the context and content of the ICESCR, including its status in the United States.
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of Legal Skills, Stetson University College of Law. Ezra Rosser of American University's School of Law for allowing me to present this Article as a work in progress at the Law and Economic Mobility Conference in October, 2009, and to the participants at that conference who helped me focus on these issues. Jamie Fox for permitting me to discuss this Article with the faculty at a Stetson Law mini-workshop, and to the students in Stetson's International Distributive Justice Seminar in Summer 2010, whose interest and intellectual curiosity greatly facilitated the writing of this Article. POVERTY AND HUMAN RIGHTS: SEN' S ' CAPABILIf Y PERSPECrl VE EXPLORED 1 (2006). 1 very concept of human rights can plausibly enter the domains of commonly shared values." 2 I. 3 In 1977, President Jimmy Carter signed the International Covenant on Economic, Social and Cultural Rights (ICESCR).4 In the intervening years, now well over a generation later, no discernable progress has been made toward ratification.' The United States currently stands among dubious company in its failure to move forward with this fundamental human rights instrument.' Furthermore, in the forty years since the United States government declared "War on Poverty," the gap between the rich and the poor in this country has grown larger rather than smaller.' In the face of ineffective domestic approaches to ending or 2. Weissman, The Human Rights Dilemma: Rethinking the Humanitarian Project, 35 Coitum.