International Covenant on Economic, Social and Cultural Rights 1966,affirms the recognition of human dignity, of equal and inseparable rights from all humanity. This recognition is the basis of freedom, justice and world peace, which must be respected by the State, Government and all humanity. If a country has received and ratified the International Covenant on Economic, Social and Cultural Rights, then it is the obligation and responsibility of the State to implement the provisions in the covenant. Indonesia has become a party to the International Covenant on Economic, Social and Cultural Rights in 1966 through Act No. 11 of 2005 concerning the Ratification of the International Covenant on Economic, Social and Cultural Rights, 1966. The problem of concern is whether the State can be sued before the court, if it fails to carry out its obligations in the International Covenant on Economic, Social and Cultural Rights, 1966. This issue will be discussed by using normative juridical research methods by relying on primary and secondary legal materials. The results of the study show that, (1) economic, social and cultural rights are part of positive rights whose implementation is the responsibility of the State and the government. However, if it relates to the right to life, placing economic, social and cultural rights as a negative right because it is part of civil and political rights; (2) economic, social and cultural rights as part of positive rights, according to customary law and general law principles cannot be sued before the court; (3) but in development, on the basis of collective agreement contained in the 1987 Limburg Principles and the 1997 Maastricht Guidelines, new doctrines have developed in international human rights law. The state can be sued before the court, if it fails or fails to fulfill the State's obligations in the International Covenant on Economic, Social and Cultural Rights 1966.
