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.

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Publication Details

Journal
Human Rights Law Review
Published
2026-01-06
DOI
https://doi.org/10.1093/hrlr/ngaf052
Primary Topic
Human Rights and Development
Type
article
Field-Weighted Citation Impact
0.00

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article

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

Aoife Nolan, Sandra Liebenberg
Human Rights Law Review
Human Rights and Development
article

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

Aoife Nolan, Sandra Liebenberg
article en

Abstract

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.

Human Rights Law ReviewVol. 26(1)
University of Nottingham (GB), Stellenbosch University (ZA)
University of Essex
Peace, Justice and strong institutions
Openalex Percentile: Top 52%
Human Rights and Development
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Recognizing future generations under the International Covenant on Economic, Social and Cultural Rights: An overdue reappraisal — Aoife Nolan, Sandra Liebenberg · Human Rights Law Review (2026) | TGRS Research Map | TGRS