Critical Analysis of the Applicability of Economic, Social and Cultural Rights in Armed Conflicts

ESC rights are those that compel the state to take into account the sociocultural and economic well-being of its inhabitants and other people who live on its territory. These rights also call for the creation of certain favourable conditions, which might be challenging to think of during times of armed conflict. This is the reason that the question of whether or not ESC Rights should be implemented in armed conflict has generated a lot of debate in recent years. There has been discussion over whether or not human rights law still applies during an armed war. This paper aims to explore the idea of ESC rights, as well as how it functions during armed conflict and its component parts. In addition to describing the flaws in the existing legal framework and offering suggestions for how to fix them, the study attempts to investigate the likely restrictions and exceptions to the ESC rights while suggesting improvements to the existing legal framework so that ESC Rights can be successfully applied during armed conflicts just like it can be during peace times.