Economic, Social, and Cultural Rights and the Right to Education in American Jurisprudence: Barriers and Approaches to Implementation

This Note discusses the development and recognition of the U.N. Covenant on Economic, Social, and Cultural Rights both in the context of international human rights and U.S. jurisprudence. The Note explores a number of the obstacles that have previously prevented economic, social, and cultural rights from being recognized in the U.S., and poses possible methods to overcome these hurdles. These approaches include explorations of recognizing international legal standards in U.S. courts and recognizing such rights as either an inherent component of political and civil rights or a fundamental right. The Note concludes with an assessment of the enforcement and implementation challenges if such rights were recognized in the U.S