Recognizing future generations under the International Covenant on Economic, Social and Cultural Rights: An overdue reappraisal

Abstract In the face of multiple threats to humanity’s future existence and well-being, international law is increasingly evolving in the direction of recognizing human rights obligations towards future generations (FG). This article explores whether the leading international human rights treaty protecting economic, social, and cultural rights, the International Covenant on Economic, Social, and Cultural Rights, can be understood and interpreted to apply to FG. It finds that, although FG were not expressly contemplated as rights holders at the time of the Covenant’s drafting, a teleological and evolutionary interpretation of the Covenant supports the recognition of obligations towards FG. The article proceeds to argue that, whilst the recognition of obligations towards FG under the Covenant represents a welcome development, it must be accompanied by a fundamental reappraisal of many of the foundational doctrines of the International Covenant on Economic, Social, and Cultural Rights. The direction that this reappraisal should take is explored in the context of two key doctrines—progressive realization and the maximum of available resources.