Economic, Social and Cultural Rights
Economic, social and cultural rights include the rights to adequate food, to adequate
housing. To education, to health, to social security, to take part in cultural life, to water and
sanitation and to work.
These rights require governments and other powerful actors to ensure that people have
access to basic needs, and that people have a voice in decisions affecting their well-being.
Social and economic rights provide the protection for dignity, freedom and well-being f
individuals by guaranteeing state-supported entitlements to education, public health care,
housing, a living wage, decent working conditions and other social goods.
The objective of cultural rights is to guarantee that people and communities have access to
culture and can participate in the culture of their election. Cultural rights are human rights
that aim at assuring the enjoyment of culture and its components in conditions of equality,
human dignity and non-discrimination.
Article 2 ICCPR: “Each State Party to the present Covenant undertakes to respect and to
ensure to all individuals within its territory ... the rights recognized in the present
Covenant.”
Article 2 ICESCR: “Each State Party to the present Covenant undertakes to take steps … to
the maximum of its available resources, with a view to achieving progressively the full
realization of the rights recognized in the present Covenant by all appropriate means,
including particularly the adoption of legislative measures.”
ESC rights have been criticised; “They are not immediately realizable, and their
implementation requires funds and resources which parties may not possess”.
Instruments:
It states in the UN Charter:
Article 1: “To achieve international co-operation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and encouraging
respect for human rights and for fundamental freedoms for all without distinction as to
race, sex, language, or religion”
Article 55: UN shall promote “higher standards of living, full employment, and conditions of
economic and social progress and development […] solutions of international economic,
social, health, and related problems; and international cultural and educational
cooperation…”
Article 56: “All Members pledge themselves to take joint and separate action in co-
operation with the Organization for the achievement of the purposes set forth in Article 55.”
Universal Declaration of Human Rights 1947:
, Article 25 demonstrates economic, social and cultural rights:
“Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.”
Article 22: “Everyone, as a member of society, has the right to social security and is entitled
to realization, through national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.”
Article 28: “Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.”
International Covenant on Economic, Social and Cultural Rights 1966:
Articles 6: Right to work (Art 5); Right to social security (Art 9); Right to food, clothing and
housing (Art 11); Right to the highest attainable standards of health (Art 12); Article 13:
Right to education (Art 13); Right to culture (Art 27)
Optional Protocol to the ICESCR, providing for a right to individual communications before
the Committee on Economic, Social and Cultural Rights (United Nations General Assembly
2008). Adopted 60 years after UDHR, entered into force 2013
African Charter on Human and Peoples’ Rights
Right to work in shown in Article 15, the right to health is in shown in Article 16 and finally
the right to education is Article 17.
Inter-American Convention on Human rights 1969
Article 26 demonstrates ‘the progressive realisation of rights implicit in the economic, social,
educational, scientific, and cultural standards’- Charter of OAS
Additional Protocol to the American Convention on Human Rights on Economic, Social and
Cultural Rights 1988
This allows Inter-American Commission and Court of Human Rights to receive individual
petitions alleging violations of trade union rights under Article 8.
European Social Charter counterpart to the European Convention on Human Rights on ESC
Rights, Council of Europe
European Committee of Social Rights reviews state’s compliance with the ESC. There is an
optional Protocol to hear complaints of violations of the Charter.
Principles
Economic, social and cultural rights include the rights to adequate food, to adequate
housing. To education, to health, to social security, to take part in cultural life, to water and
sanitation and to work.
These rights require governments and other powerful actors to ensure that people have
access to basic needs, and that people have a voice in decisions affecting their well-being.
Social and economic rights provide the protection for dignity, freedom and well-being f
individuals by guaranteeing state-supported entitlements to education, public health care,
housing, a living wage, decent working conditions and other social goods.
The objective of cultural rights is to guarantee that people and communities have access to
culture and can participate in the culture of their election. Cultural rights are human rights
that aim at assuring the enjoyment of culture and its components in conditions of equality,
human dignity and non-discrimination.
Article 2 ICCPR: “Each State Party to the present Covenant undertakes to respect and to
ensure to all individuals within its territory ... the rights recognized in the present
Covenant.”
Article 2 ICESCR: “Each State Party to the present Covenant undertakes to take steps … to
the maximum of its available resources, with a view to achieving progressively the full
realization of the rights recognized in the present Covenant by all appropriate means,
including particularly the adoption of legislative measures.”
ESC rights have been criticised; “They are not immediately realizable, and their
implementation requires funds and resources which parties may not possess”.
Instruments:
It states in the UN Charter:
Article 1: “To achieve international co-operation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and encouraging
respect for human rights and for fundamental freedoms for all without distinction as to
race, sex, language, or religion”
Article 55: UN shall promote “higher standards of living, full employment, and conditions of
economic and social progress and development […] solutions of international economic,
social, health, and related problems; and international cultural and educational
cooperation…”
Article 56: “All Members pledge themselves to take joint and separate action in co-
operation with the Organization for the achievement of the purposes set forth in Article 55.”
Universal Declaration of Human Rights 1947:
, Article 25 demonstrates economic, social and cultural rights:
“Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.”
Article 22: “Everyone, as a member of society, has the right to social security and is entitled
to realization, through national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.”
Article 28: “Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.”
International Covenant on Economic, Social and Cultural Rights 1966:
Articles 6: Right to work (Art 5); Right to social security (Art 9); Right to food, clothing and
housing (Art 11); Right to the highest attainable standards of health (Art 12); Article 13:
Right to education (Art 13); Right to culture (Art 27)
Optional Protocol to the ICESCR, providing for a right to individual communications before
the Committee on Economic, Social and Cultural Rights (United Nations General Assembly
2008). Adopted 60 years after UDHR, entered into force 2013
African Charter on Human and Peoples’ Rights
Right to work in shown in Article 15, the right to health is in shown in Article 16 and finally
the right to education is Article 17.
Inter-American Convention on Human rights 1969
Article 26 demonstrates ‘the progressive realisation of rights implicit in the economic, social,
educational, scientific, and cultural standards’- Charter of OAS
Additional Protocol to the American Convention on Human Rights on Economic, Social and
Cultural Rights 1988
This allows Inter-American Commission and Court of Human Rights to receive individual
petitions alleging violations of trade union rights under Article 8.
European Social Charter counterpart to the European Convention on Human Rights on ESC
Rights, Council of Europe
European Committee of Social Rights reviews state’s compliance with the ESC. There is an
optional Protocol to hear complaints of violations of the Charter.
Principles
