06-22-90 12:51
can be easily enforced in the courts."
234 POB
Commentary, Sec-
tion 7, at 2. On the contrary, the ICESCR recognizes a number of rights capable of enforcement in the courts through equitable or monetary relief. Such rights in- clude the right to education, the right to free choice of employment and equal pay, the right to just and favorable conditions of work, the right to academic freedom and the right to social welfare, including social security. In neglecting to include the ICESCR rights, the UK Govern- ment is defaulting on its obligation to apply the ICESCR in Hong Kong under article 2(1) of the ICESCR.
With regard to the ICCPR, the Bill of Rights also fails to include the fundamental right of self- determination found in Article 1. Under this article, promotion of the realization of the right of self- determination and respect for that right are required by "States Parties to the present Covenant, including those having responsibility for the administration of Non-Self Governing and Trust Territories... in conformity with the provisions of the Charter of the United Nations." (ICCPR, Part I, Article 1(3)). The UN Charter provides, inter alia, that member States responsible for adminis- tration of territories are obliged "to develop self- government, to take due account of the political aspira-
14