Economic, social and cultural rights (ESCR) aresocio-economichuman rights, such as theright to education,right to housing,right to an adequate standard of living,right to health,victims' rights and theright to science and culture. Economic, social and cultural rights are recognised andprotected in international and regional human rights instruments. Member states have a legalobligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.
TheUniversal Declaration on Human Rights recognises a number of economic, social and cultural rights and theInternational Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights.[1] TheConvention on the Rights of the Child and theConvention on the Elimination of All Forms of Discrimination Against Women recognises and protects many of the economic, social and cultural rights recognised in theICESCR in relation to children and women. TheConvention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. TheConvention on the Rights of Persons with Disabilities also prohibits alldiscrimination on the basis of thedisability including refusal of thereasonable accommodation relating to full enjoyment of economic, social and cultural rights.
Economic, social and cultural rights are recognized andprotected in a number of international and regional human rights instruments.[3]
TheUniversal Declaration on Human Rights (UDHR), adopted by theUN General Assembly in 1948, is one of the most important sources of economic, social and cultural rights. It recognizes theright to social security in Article 22, theright to work in Article 23, theright to rest and leisure in Article 24, theright to an adequate standard of living in Article 25, theright to education in Article 26, and theright to benefits of science and culture in Article 27.[3]
TheInternational Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Covenant recognized and protects theright to work and to just and favorable working conditions in Article 6 and 7, the right to jointrade unions and take collective labor action in Article 8, theright to social security in Article 9, the right to protection of the family, including protection for mothers and children, in Article 10, theright to an adequate standard of living, including theright to food and theright to housing, in Article 11, theright to health in Article 12, theright to education in Article 13, as well as the right to participate in cultural life and theright to benefits of science and culture in Article 15. TheInternational Covenant on Civil and Political Rights, adopted at the same time as the ICESCR, recognizes and protects a number of core economic, social and cultural rights, including the right to jointrade unions in Article 22, and the right ofethnic, religious or linguisticminorities to engage in their culture, practice their religion and use their language in Article 27.[3]
A number of other major international human rights instruments contain provisions relating to economic, social and cultural rights. TheConvention on the Rights of the Child recognizes and protects many of the economic, social and cultural rights recognized in the ICESCR in relation to children. Including theright to health in Article 24, theright to social security in Article 25, the right to an adequate standard of living in Article 27, theright to education in Article 28, and the right to protection from economic exploitation (seechild labour) in Article 32.[3] TheConvention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. TheConvention on the Elimination of All Forms of Discrimination Against Women affirms a range of economic, social and cultural rights to women. TheILO Conventions of theInternational Labour Organization (ILO) protect a range of work related economic, social and cultural rights.[4] Common global standards were agreed by some 195 states in the Recommendation on Science and Scientific protect and reassert scientific freedoms, the rights of scientists, and rights ofresearch subjects, and the right of everyone to science.[5]
TheAfrican Charter on Human and Peoples' Rights protects theright to work in Article 15, theright to health in Article 16, and theright to education in Article 17. TheEuropean Social Charter protects a wide range of economic, social and cultural rights, including theright to work, to favourable working conditions, the right to jointrade unions and to take collective labour action in Article 1 to 10, theright to health in Article 11, theright to social security, including the right to medical assistance and the right to social welfare services, in Article 12 to 14, protection of especiallyvulnerable groups are enshrined in Article 15 to 17 and 19, andright to housing in Article 31. TheProtocol of San Salvador protects a range of economic, social and cultural rights within the Inter-American human rights system.[4]
A range of secondary legal sources exist on economic, social and cultural rights which provide guidance on their normative definition. An important secondary legal source is theUnited Nations Committee on Economic, Social and Cultural Rights which is overseeing the implementation of theInternational Covenant on Economic, Social and Cultural Rights (ICESCR). The Committee has been central in developing the normative definition of key economic, social and cultural rights, interpreting the role of State Parties to the ICESCR, and monitoring protection and violation of the ICESCR rights. The Committee issues guiding pronouncements in the form ofgeneral comments, and other human rights treaty bodies may also issue comments relevant to economic, social and cultural rights.[4]
Other important secondary legal sources on economic, social and cultural rights are the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights 1987 and theMaastricht Guidelines on Violations of Economic, Social and Cultural Rights 1997. The Limburg Principles have been extensively used in national legal systems as an interpretive tool for establishing violations of economic, social and cultural rights. TheMaastricht Guidelines build on the Limburg Principles and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights.[6] VariousUnited Nations Special Rapporteurs have influenced the normative development of economic, social and cultural rights. Appointed by theCommission on Human Rights and its sub-commissions, key rapporteurs include the Special Rapporteur on the Realization of Economic, Social and Cultural Rights, the Special Rapporteur on the Right to Adequate Housing, the Special Rapporteur on the Right toEducation, and the Special Rapporteur on Violence Against Women.[7]
A number of national constitutions recognize economic, social and cultural rights. For example, the 1996Constitution of South Africa includes economic, social and cultural rights and theSouth African Constitutional Court has heard claims under these obligations (seeGrootboom andTreatment Action Campaign cases). The Supreme Court of India has interpreted Article 21 of the Constitution to contain positive social rights.
Constitutional recognition of economic, social and cultural rights has long been thought to be counterproductive, given that courts might be tasked toadjudicate them, and hence disrupt the democratic chains of accountability of the so-called elected branches.[8] Nonetheless, a growing literature from the Global South has tracked very different judicial responses.[9]
Sympathetic critics argue that socio-economic rights appear 'quite negligible' factors in terms of ensuring overall human development.[10] Contemporary welfare states tend to emphasizedecommodification,general welfare and thecommon good, not rights. Sweden, Finland, and Denmark, for example, adhere to a comparatively robust welfare effort, built primarily through social democratic parties and trade union mobilisation, without relying on judicial review of socio-economic rights.[10] Nonetheless, majoritarian political arenas such as parliaments and trade union structures may remain unresponsive to minorities. The gains won through litigation, modest though they may be, can nonetheless be of value for those who benefit from them.[11]
Civil society movements have advanced alternative institutions, norms and practices for constitution-making and making socio-economic rights effective. Participants in recent constitution-making experiments inIceland,Bolivia andEcuador have all linked economic and social rights to new institutional arrangements such asparticipatory budgeting or technologically-enhanceddirect democracy as well as to new norms and discourses, notably those concerningecological stewardship and thecommons as well as care andsocial reproduction. InIreland, social movements such as the 'Right2Water' and 'Repeal the 8th' campaigns have demonstrated how highlynetworked individuals and communities can mobilise both alongside and outside of traditional institutions, act collectively, and advance economic, social and cultural rights.[12]
Economic, social and cultural right enshrined in international and regional human rights instruments are legally binding. Member states have a legal obligation to respect, protect and fulfil these rights. The exact nature of states' obligations in this respect has been established principally in relation to theInternational Covenant on Economic, Social and Cultural Rights (ICESCR),[7] and furtherOptional Protocol to the International Covenant on Economic, Social and Cultural Rights has been established in accordance withVienna Declaration and Programme of Action.[13]
State parties to the ICESCR are required to take "progressive action" towards fulfilment of the ICESR rights. While immediate fulfilment may not be possible due to the economic situation of a country, postponement of proactive action is not permitted. State parties must show genuine efforts to secure the economic, social and cultural rights enshrined in the ICESCR. The burden of proof for progressive action is considered on be with the state party. The prohibition ondiscrimination in relation to economic, social and cultural rights is regarded as having immediate effect. State parties must abolish laws, policies and practices which affect the equal enjoyment of economic, social and cultural rights and take action to prevent discrimination in public life. All state parties, regardless of the economic situation in the country or resource scarcity, are required to ensure respect for minimum subsistence rights for all. State parties must also ensure that available resources are accessed and used equitably. Therefore, government decisions on how to allocate resources should be subject to scrutiny. Legislative measures alone are not sufficient to ensure compliance with the ICESCR and state parties are expected to provide judicial remedies in addition to taking administrative, financial, educational and social measures.[14]
Intergovernmental organisations andnon-governmental organisations (NGOs) have persistently neglected economic, social and cultural rights over the past 50 years.[15] While all human rights are said to be "equal, indivisible, interrelated, and interdependent", the monitoring, enforcement and implementation framework for economic, social and cultural rights is less advanced than that forcivil and political rights. International enforcement mechanisms are strongest for civil and political rights, and their violation is considered more serious than that of economic, social and cultural rights. There are few international NGOs that focus on economic, social and cultural rights and there are few lawyers who have the knowledge or experience to defend economic, social and cultural rights at a national or international level. Economic, social and cultural rights are less likely than civil and political rights to be protected in national constitutions.[16]
In 2008, the United Nations General Assembly adopted theOptional Protocol to the International Covenant on Economic, Social and Cultural Rights, which gives theCommittee on Economic, Social and Cultural Rights competence to receive and consider communications from individuals claiming that their rights under the Covenant have been violated by a state party. The Protocol entered into force on 5 May 2013.
In 2017, for the common global standards in the Recommendation on Science and Scientific Researchers relating to the right to science, states agreed at the UNESCO General Conference to adopt four-yearly reporting on implementation, and agreed that UNESCO's Executive Board is competent to manage monitoring, with the networks of UNESCO National Commissions and academic partners mobilized in countries to ensure implementation and monitoring at country level.[17] For the other major international human rights conventions mentioned above there are various other treaty bodies to ensure some monitoring of implementation. And each may transmit to the Human Rights Council reports of individual cases when a state is the subject of a Universal Periodic Review.
Education is guaranteed as ahuman right in many human rightstreaties, including:[18]
Theright to education places the individual at the centre of education frameworks.
Education as a human right has the following characteristics:[18]
The right to education places legalobligations on states when they make decisions regarding education and the education system. It offers an internationally agreed normative framework for the standards that states must not fall beneath concerning the education of itscitizens and non-citizens.[18]
These standards define what states must do and avoid doing in order to ensure thedignity of the individual. The right to education is broad and covers many aspects of education. This means that for the specific areas related to education, states must act within the boundaries permitted underinternational human rights law (IHRL).[18]
The main aspects ofeducation are:[18]
Networking groups such asESCR-Net are working to create online resources and spread information about effective cases, initiatives, and working groups promoting ideals and celebrating victories of human rights initiatives and theOptional Protocol to the International Covenant on Economic, Social and Cultural Rights. Currently, human rights advocacy groups are working diligently to fine-tune rules, regulations and implementation schemes; little news of complaint successes or failures is available.[23] The Centre on Housing Rights and Evictions (COHRE) has helped to establish theHousing and Property Directorate (HPD/HPCC) in Kosovo.[24]
According toKarel Vasak's theory ofthree generations of human rights, economic, social and cultural rights are considered second-generation rights, whilecivil and political rights, such asfreedom of speech,right to a fair trial, and theright to vote, are considered first-generation rights.[25] The theory ofnegative and positive rights considers economic, social and cultural rightspositive rights.[citation needed]Social rights are "rights to the meeting of basic needs that are essential for human welfare."[26] Examples of social rights include the right to healthcare and the right to decent working conditions.[26]
Material was copied from this source, which is available under aAttribution-ShareAlike 3.0 IGO (CC BY-SA 3.0 IGO) license.
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This article incorporates text from afree content work. Licensed under CC BY-SA 3.0 IGO. Text taken fromRight to education handbook, 276, UNESCO, Right to Education Initiative (UK), UNESCO. UNESCO.