Socio-Economic Rights in Times of Crisis and Normality Published online by Cambridge University Press: 30 January 2026
Having examined the interpretation and application of article 4 in a general context and in relation to varying crises it is clear that there is an increasingly complex framework developing for assessing permissible limitations under the ICESCR. In addition, based upon the analysis of the empirical data, it would seem the CESCR may be moving to a position whereby their interpretation of article 4 is based upon increasing similarity with limitations assessment under the ICCPR and a ‘state of exception’ model designed for civil and political rights, rather than the explicit requirements of ICESCR article 4 itself. The introduction of additional requirements, other than those noted explicitly in article 4, would also initially seem to support such a position. This raises the question as to whether a synergistic model is optimum for the protection of and promotion of ESCRs or indeed, whether such a move threatens to limit ESCRs in a more expansive way than previously. As noted by Warwick:
The level of States’ obligations during […] crises appears to have been reduced. The similarity of those minimal tests to the derogations clauses found in other treaties is concerning. It moves the ICESCR towards incorporating the same flexible approaches which are found in the ICCPR, while neglecting to acknowledge the significant degree of flexibility which is already to be found in the ICESCR.
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