This chapter examines the role of sustainable development in the interpretative practice of the two principal international monitoring bodies responsible for the protection of economic and social rights: the Committee on Economic, Social and Cultural Rights (CESCR) and the European Committee of Social Rights (ECSR). Starting from the growing recognition of the interdependence between environmental protection and the enjoyment of economic, social and cultural rights, the analysis investigates how both bodies have progressively integrated environmental sustainability and climate change considerations into the interpretation of their respective legal instruments. The study first explores the ECSR’s evolving case law and monitoring activities, highlighting its use of health and labour rights provisions to address environmental harms and climate-related risks. It then analyses the CESCR’s practice from 2003 to 2025, including statements, concluding observations under the reporting procedure, and General Comment No. 27 (2025). The chapter shows how the CESCR has developed a comprehensive framework linking climate change, environmental degradation and the protection of Covenant rights, identifying both obligations to combat environmental harm and obligations to ensure that climate policies themselves respect economic, social and cultural rights. Particular attention is devoted to the Committee’s incorporation of principles such as intergenerational equity, the right to a clean, healthy and sustainable environment, and common but differentiated responsibilities. The analysis also examines the interpretative methodology underlying General Comment No. 27, especially its reliance on systemic integration and broader developments in international environmental law. While acknowledging the ambitious and potentially transformative nature of the Committee’s approach, the chapter argues that the General Comment may significantly influence future treaty-body practice, domestic adjudication, and the broader judicial dialogue on climate change and human rights. Overall, the contribution demonstrates that sustainable development has become a central interpretative paradigm in the protection of economic and social rights, fostering an increasingly integrated understanding of environmental sustainability, social justice and human dignity.

De Vittor, F., Starita, M., The Place of Sustainable Development in the Practice of the Committee on Economic, Social and Cultural Rights and the European Committee of Social Rights, in Palmisano, G. (ed.), Environmental Sustainability as a Protected Collective Interest in International and EU Law, Editoriale Scientifica Napoli, Napoli 2026: 2026 109- 149 [https://hdl.handle.net/10807/337962]

The Place of Sustainable Development in the Practice of the Committee on Economic, Social and Cultural Rights and the European Committee of Social Rights

De Vittor, Francesca
Co-primo
;
2026

Abstract

This chapter examines the role of sustainable development in the interpretative practice of the two principal international monitoring bodies responsible for the protection of economic and social rights: the Committee on Economic, Social and Cultural Rights (CESCR) and the European Committee of Social Rights (ECSR). Starting from the growing recognition of the interdependence between environmental protection and the enjoyment of economic, social and cultural rights, the analysis investigates how both bodies have progressively integrated environmental sustainability and climate change considerations into the interpretation of their respective legal instruments. The study first explores the ECSR’s evolving case law and monitoring activities, highlighting its use of health and labour rights provisions to address environmental harms and climate-related risks. It then analyses the CESCR’s practice from 2003 to 2025, including statements, concluding observations under the reporting procedure, and General Comment No. 27 (2025). The chapter shows how the CESCR has developed a comprehensive framework linking climate change, environmental degradation and the protection of Covenant rights, identifying both obligations to combat environmental harm and obligations to ensure that climate policies themselves respect economic, social and cultural rights. Particular attention is devoted to the Committee’s incorporation of principles such as intergenerational equity, the right to a clean, healthy and sustainable environment, and common but differentiated responsibilities. The analysis also examines the interpretative methodology underlying General Comment No. 27, especially its reliance on systemic integration and broader developments in international environmental law. While acknowledging the ambitious and potentially transformative nature of the Committee’s approach, the chapter argues that the General Comment may significantly influence future treaty-body practice, domestic adjudication, and the broader judicial dialogue on climate change and human rights. Overall, the contribution demonstrates that sustainable development has become a central interpretative paradigm in the protection of economic and social rights, fostering an increasingly integrated understanding of environmental sustainability, social justice and human dignity.
2026
Inglese
Environmental Sustainability as a Protected Collective Interest in International and EU Law
9791223500064
Editoriale Scientifica Napoli
2026
De Vittor, F., Starita, M., The Place of Sustainable Development in the Practice of the Committee on Economic, Social and Cultural Rights and the European Committee of Social Rights, in Palmisano, G. (ed.), Environmental Sustainability as a Protected Collective Interest in International and EU Law, Editoriale Scientifica Napoli, Napoli 2026: 2026 109- 149 [https://hdl.handle.net/10807/337962]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10807/337962
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