5 Most Important Differences between ICCPR and ICESCR are given below:
ICCPR:
1. ICCPR represents and protects the human rights of first generation.
2. It explains human rights pertaining to cultural and political rights (i.e. not to torture, not to show discrimination, etc.).
ADVERTISEMENTS:
3. The rights incorporated in ICCPR are negative in character just like the provisions in the penal code of a municipal law. The Indian Penal Code defines and narrates different offences, which are prohibited. In the similar way ICCPR defines and narrates certain things not supposed to be done by the States.
4. The judicial remedies are provided to the aggrieved persons, in cases their civil and political rights are violated by the State. The aggrieved person can claim before the Central Human Rights Commission, Human Right Court, State Human Right Commission or other domestic tribunals.
5. The provisions of ICCPR are similar to the provisions of Fundamental Rights in the Indian Constitution, violation o* which gives rise to judicial remedies.
ICESCR:
1. ICESCR represents and protects the human rights of ‘second generation’.
ADVERTISEMENTS:
2. It explains human rights pertaining to economic, social and cultural rights (e.g. to provide adequate housing, trade unions social security, medical facilities, etc.).
3. The rights incorporated in ICESCR are positive in character. It shows the ways to the State to implement certain programmes to uplift the living standards of human beings and to protect the human culture. These are similar to the Directive Princip’°s of state policy (Part- Ill) of our Constitution.
4. There is no scope of judicial remedies. (There is no scope of judicial remedies in case of Directive Principles of State Policy of our Constitution. The Court cannot force the State to implement the provisions of part-IV.)
5. The provisions of ICESCR are similar to the provisions of the Directive Principles of State Policy in the Indian Constitution, non- implementation of which cannot give rise to judicial remedies.
