Now is (not yet) the Winter of Our Discontent: The Unfulfilled Promise of Economic and Social Rights in the Fight Against Economic Inequality

Material inequality or (extreme) economic inequality has been touted as one of the greatest challenges of the twenty-first century. Wealth is “hemorrhaging upwards” rather than “trickling down.” In a world where the rich get richer, the poor get poorer, and the inequality gap in income and wealth continues intensifying at an alarming pace, there exists an “inequality explosion” that threatens the very fabric of our global society. While economic inequality and questions of (re)distribution of wealth and income have traditionally been examined within the spheres of development law and political economy, I argue that a human rights based approach that contains economic and social rights (hereinafter, ESRs) at its core is capable of mitigating economic inequality. International human rights norms enjoy a high level of global legitimacy, as evidenced by the fact that the key human rights instruments have been widely accepted in all regions of the world. 169 States have ratified the International Covenant on Economic, Social and Cultural Rights (hereinafter, ICESCR). Underpinned by universally recognized moral values and reinforced by national and international legal obligations, ESRs therefore provide a compelling normative framework through which material inequality can be addressed.