THE JUSTICIABILITY OF ECONOMIC, SOCIAL, AND CULTURAL RIGHTS THROUGH AN ANALYSIS OF JUDGMENTS FROM THE EUROPEAN COURT AND THE INTER-AMERICAN COURT OF HUMAN RIGHTSts

Abstract

This article provides a comparative view of the justiciability of ESCR in the European and Inter-Ame-
rican Regional Systems for the Protection of Human Rights. It examines the regulations on ESCR in

force in the European Convention on Human Rights of 1950 and the European Social Charter of 1961
of the European System, and the American Convention on Human Rights of 1969 and the Protocol of
San Salvador of 1988, of the Inter-American System, respectively; as well as the jurisprudence of the
human rights courts to determine how the justiciability of ESCR has been approached in both systems,
noting that despite the fact that the European Court of Human Rights, through its jurisprudence, was

the first to establish the interrelationship between civil rights and ESCR in 1973, it has avoided recog-
nizing direct violations of these rights, while the Inter-American Court of Human Rights since 2017,

it modified its line of interpretation and declared itself competent to hear direct violations of ESCR,
despite the restrictions existing in Article 19.6 of the Protocol of San Salvador.