Transitional Justice Without Economic, Social, and Cultural Rights?

This chapter examines the so-called 'economic, social, and cultural (ESC) rights thesis'—the claim that ESC rights (such as the right to food, housing, healthcare, and education) should be treated as an integral part of, rather than a peripheral diversion from, the transitional justice agenda. Advocates of this thesis argue for an expanded understanding of transitional justice, one that transcends the traditional divide between civil and political rights on the one hand, and socio-economic and cultural rights on the other. The chapter first outlines the broader conceptual terrain where the debate about the incorporation of ESC rights into transitional justice discourses takes place. It then ties together the main threads of arguments advanced to explain why and how ESC rights matter in contexts of mass violence and political transition. It goes on to discuss objections that may be raised against such arguments, and whether and how these objections may be addressed.