Justiciability refers to whether a particular right or claim can be adjudicated by a court or other

legal mechanisms. When a right is justiciable, individuals can seek remedies through legal
proceedings when violations occur. Conversely, non-justiciable rights are not directly
enforceable through court action.

Economic, social, and cultural (ESC) rights encompass a wide range of entitlements related to
basic needs, well-being, and participation in society. Examples include the right to education,
health, housing, food, and work. Unlike civil and political rights, ESC rights are often considered
non-justiciable due to their nature. ESC rights often involve collective interests rather than
individual claims, require significant resources to fulfill, and involve policy decisions that courts
may be hesitant to interfere with.

Challenges to the justiciability of ESC rights include the lack of clarity in international treaties,
the indivisibility of ESC rights with civil and political rights, the progressive realization of ESC
rights, resource constraints, and concerns about judicial activism.

Alternative approaches to promoting and protecting ESC rights include indirect enforcement
through interpreting existing laws, monitoring mechanisms by international treaty bodies, and
public awareness and advocacy by civil society organizations and advocacy groups.

In summary, while ESC rights are often considered non-justiciable, efforts to promote and
protect them continue through various mechanisms. Balancing the need for legal enforcement
with the complexities of fulfilling ESC rights remains an ongoing challenge in the field of human
rights.