Rights and Value: Construing the International Covenant on Economic, Social and Cultural Rights as Civil Commons

• Main Authors: Giorgio Baruchello, Rachael Lorna Johnstone
• Format: Article
• Language: English
• Published: Brock University 2011-08-01
• Series: Studies in Social Justice
• Subjects: commons; rights; International Covenant on Economic, Social and Cultural Rights; civil commons
• Online Access: http://ojs.uwindsor.ca/ojs/leddy/index.php/SSJ/article/view/3115

<p>This article brings together the United Nations’ International Covenant on Economic, Social and Cultural Rights (ICESCR) and John McMurtry’s theory of value. In this perspective, the ICESCR is construed as a prime example of “civil commons,” while McMurtry’s theory of value is proposed as a tool of interpretation of the covenant. In particular, McMurtry’s theory of value is a hermeneutical device capable of highlighting: (a) what alternative conception of value systemically operates against the fulfilment of the rights enshrined in the ICESCR; (b) the increased relevance of the ICESCR with regard to the current global economic crisis; (c) the parameters to determine the degree to which the rights at issue have been realized. Reflections on environmental implications of both the ICESCR and McMurtry’s axiology conclude the article.</p>