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Economic, social and cultural rights (ESCR) are
socio-economic Economics () is a behavioral science that studies the production, distribution, and consumption of goods and services. Economics focuses on the behaviour and interactions of economic agents and how economies work. Microeconomics analys ...
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
, such as the
right to education The right to education has been recognized as a human rights, human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free education, free, pr ...
,
right to housing The right to housing (occasionally right to shelter) is the economic, social and cultural right to adequate house, housing and shelter (building), shelter. It is recognized in some Economic, social and cultural rights#National constitutions, nat ...
,
right to an adequate standard of living The right to an adequate standard of living is listed as part of the Universal Declaration of Human Rights that was accepted by the General Assembly of the United Nations on December 10, 1948.United Nations''Universal Declaration of Human Rights ...
,
right to health The right to health is the economic, social and cultural economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international a ...
, victims' rights and the
right to science and culture The right to science and culture is one of the economic, social and cultural rights claimed in the Universal Declaration of Human Rights and related documents of international human rights law. It recognizes that everyone has a right to freely part ...
. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal
obligation An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. ...
to respect, protect and fulfil economic, social and cultural rights and are expected to take "''progressive action''" towards their fulfilment. The
Universal Declaration on Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, ...
recognises a number of economic, social and cultural rights and the
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 197 ...
(ICESCR) is the primary international legal source of economic, social and cultural rights. The
Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of ch ...
and the
Convention on the Elimination of All Forms of Discrimination Against Women The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted ...
recognises and protects many of the economic, social and cultural rights recognised in the
ICESCR The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 197 ...
in relation to children and women. The
Convention on the Elimination of All Forms of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discr ...
prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The
Convention on the Rights of Persons with Disabilities The Convention on the Rights of Persons with Disabilities is an international human rights instrument, international human rights multilateral treaty, treaty of the United Nations intended to protect the rights and dignity of persons with Disabil ...
also prohibits all
discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
on the basis of the
disability Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, d ...
including refusal of the
reasonable accommodation A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, or em ...
relating to full enjoyment of economic, social and cultural rights.


International and regional human rights instruments

Economic, social and cultural rights are recognized and protected in a number of international and regional human rights instruments.


International human rights instruments

The
Universal Declaration on Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, ...
(UDHR), adopted by the
UN General Assembly The United Nations General Assembly (UNGA or GA; , AGNU or AG) is one of the six principal organs of the United Nations (UN), serving as its main deliberative, policymaking, and representative organ. Currently in its 79th session, its powers, ...
in 1948, is one of the most important sources of economic, social and cultural rights. It recognizes the
right to social security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...
in Article 22, the
right to work The right to work is the concept that people have a human right to work, or to engage in productive employment, and should not be prevented from doing so. The right to work, enshrined in the United Nations 1948 Universal Declaration of Human Ri ...
in Article 23, the
right to rest and leisure The right to rest and leisure is the economic, social and cultural right to adequate time away from work and other societal responsibilities. It is linked to the right to work and historical movements for legal limitations on working hours. T ...
in Article 24, the
right to an adequate standard of living The right to an adequate standard of living is listed as part of the Universal Declaration of Human Rights that was accepted by the General Assembly of the United Nations on December 10, 1948.United Nations''Universal Declaration of Human Rights ...
in Article 25, the
right to education The right to education has been recognized as a human rights, human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free education, free, pr ...
in Article 26, and the right to benefits of science and culture in Article 27. The
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 197 ...
(ICESCR) is the primary international legal source of economic, social and cultural rights. The Covenant recognized and protects the
right to work The right to work is the concept that people have a human right to work, or to engage in productive employment, and should not be prevented from doing so. The right to work, enshrined in the United Nations 1948 Universal Declaration of Human Ri ...
and to just and favorable working conditions in Article 6 and 7, the right to join
trade unions A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
and take collective labor action in Article 8, the
right to social security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...
in Article 9, the right to protection of the family, including protection for mothers and children, in Article 10, the
right to an adequate standard of living The right to an adequate standard of living is listed as part of the Universal Declaration of Human Rights that was accepted by the General Assembly of the United Nations on December 10, 1948.United Nations''Universal Declaration of Human Rights ...
, including the
right to food The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individua ...
and the
right to housing The right to housing (occasionally right to shelter) is the economic, social and cultural right to adequate house, housing and shelter (building), shelter. It is recognized in some Economic, social and cultural rights#National constitutions, nat ...
, in Article 11, the
right to health The right to health is the economic, social and cultural economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international a ...
in Article 12, the
right to education The right to education has been recognized as a human rights, human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free education, free, pr ...
in Article 13, as well as the right to participate in cultural life and the right to benefits of science and culture in Article 15. The
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
, adopted at the same time as the ICESCR, recognizes and protects a number of core economic, social and cultural rights, including the right to join
trade unions A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
in Article 22, and the right of
ethnic An ethnicity or ethnic group is a group of people with shared attributes, which they collectively believe to have, and long-term endogamy. Ethnicities share attributes like language, culture, common sets of ancestry, traditions, society, re ...
, religious or linguistic
minorities The term "minority group" has different meanings, depending on the context. According to common usage, it can be defined simply as a group in society with the least number of individuals, or less than half of a population. Usually a minority g ...
to engage in their culture, practice their religion and use their language in Article 27. A number of other major international human rights instruments contain provisions relating to economic, social and cultural rights. The
Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of ch ...
recognizes and protects many of the economic, social and cultural rights recognized in the ICESCR in relation to children. Including the
right to health The right to health is the economic, social and cultural economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international a ...
in Article 24, the
right to social security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...
in Article 25, the right to an adequate standard of living in Article 27, the
right to education The right to education has been recognized as a human rights, human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free education, free, pr ...
in Article 28, and the right to protection from economic exploitation (see
child labour Child labour is the exploitation of children through any form of work that interferes with their ability to attend regular school, or is mentally, physically, socially and morally harmful. Such exploitation is prohibited by legislation w ...
) in Article 32. The
Convention on the Elimination of All Forms of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discr ...
prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The
Convention on the Elimination of All Forms of Discrimination Against Women The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted ...
affirms a range of economic, social and cultural rights to women. The ILO Conventions of the
International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the firs ...
(ILO) protect a range of work related economic, social and cultural rights. 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 of
research Research is creative and systematic work undertaken to increase the stock of knowledge. It involves the collection, organization, and analysis of evidence to increase understanding of a topic, characterized by a particular attentiveness to ...
subjects, and the right of everyone to science.


Regional human rights instruments

The
African Charter on Human and Peoples' Rights The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. It emerged under ...
protects the
right to work The right to work is the concept that people have a human right to work, or to engage in productive employment, and should not be prevented from doing so. The right to work, enshrined in the United Nations 1948 Universal Declaration of Human Ri ...
in Article 15, the
right to health The right to health is the economic, social and cultural economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international a ...
in Article 16, and the
right to education The right to education has been recognized as a human rights, human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free education, free, pr ...
in Article 17. The
European Social Charter The European Social Charter is a Council of Europe treaty which was opened for signature on 18 October 1961 and initially became effective on 26 February 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. By ...
protects a wide range of economic, social and cultural rights, including the
right to work The right to work is the concept that people have a human right to work, or to engage in productive employment, and should not be prevented from doing so. The right to work, enshrined in the United Nations 1948 Universal Declaration of Human Ri ...
, to favourable working conditions, the right to join
trade unions A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
and to take collective labour action in Article 1 to 10, the
right to health The right to health is the economic, social and cultural economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international a ...
in Article 11, the
right to social security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...
, including the right to medical assistance and the right to social welfare services, in Article 12 to 14, protection of especially vulnerable groups are enshrined in Article 15 to 17 and 19, and
right to housing The right to housing (occasionally right to shelter) is the economic, social and cultural right to adequate house, housing and shelter (building), shelter. It is recognized in some Economic, social and cultural rights#National constitutions, nat ...
in Article 31. The Protocol of San Salvador protects a range of economic, social and cultural rights within the Inter-American human rights system.


Secondary legal sources

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 the United Nations Committee on Economic, Social and Cultural Rights which is overseeing the implementation of the
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 197 ...
(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 of ''general comments'', and other human rights treaty bodies may also issue comments relevant to economic, social and cultural rights. 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 the Maastricht 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. The
Maastricht Maastricht ( , , ; ; ; ) is a city and a Municipalities of the Netherlands, municipality in the southeastern Netherlands. It is the capital city, capital and largest city of the province of Limburg (Netherlands), Limburg. Maastricht is loca ...
Guidelines build on the Limburg Principles and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. Various United Nations Special Rapporteurs have influenced the normative development of economic, social and cultural rights. Appointed by the Commission 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 to
Education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
, and the Special Rapporteur on Violence Against Women.


National constitutions

A number of national constitutions recognize economic, social and cultural rights. For example, the 1996
Constitution of South Africa The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the human rights and duties of its citizens, and defines the structure of t ...
includes economic, social and cultural rights and the South African Constitutional Court has heard claims under these obligations (see ''Grootboom'' and '' Treatment 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 to
adjudicate Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between th ...
them, and hence disrupt the democratic chains of accountability of the so-called elected branches. Nonetheless, a growing literature from the Global South has tracked very different judicial responses. Sympathetic critics argue that socio-economic rights appear 'quite negligible' factors in terms of ensuring overall human development.Hirschl, Ran and Evan Rosevear, 'Constitutional Law Meets Comparative Politics: Socio-economic Rights and Political Realities' in Tom Campbell, K. D. Ewing, and Adam Tomkins (eds.), 2011, The Legal Protection of Human Rights: Sceptical Essays. Oxford: Oxford University Press, pp. 207–28, pp. 213, 223. Contemporary welfare states tend to emphasize decommodification, general welfare and the
common good In philosophy, Common good (economics), economics, and political science, the common good (also commonwealth, common weal, general welfare, or public benefit) is either what is shared and beneficial for all or most members of a given community, o ...
, 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. 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. 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 in
Iceland Iceland is a Nordic countries, Nordic island country between the Atlantic Ocean, North Atlantic and Arctic Oceans, on the Mid-Atlantic Ridge between North America and Europe. It is culturally and politically linked with Europe and is the regi ...
,
Bolivia Bolivia, officially the Plurinational State of Bolivia, is a landlocked country located in central South America. The country features diverse geography, including vast Amazonian plains, tropical lowlands, mountains, the Gran Chaco Province, w ...
and
Ecuador Ecuador, officially the Republic of Ecuador, is a country in northwestern South America, bordered by Colombia on the north, Peru on the east and south, and the Pacific Ocean on the west. It also includes the Galápagos Province which contain ...
have all linked economic and social rights to new institutional arrangements such as
participatory budgeting Participatory budgeting (PB) is a type of citizen sourcing in which ordinary people decide how to allocate part of a municipal or public budget through a process of democratic deliberation and decision-making. These processes typically begin ...
or technologically-enhanced
direct democracy Direct democracy or pure democracy is a form of democracy in which the Election#Electorate, electorate directly decides on policy initiatives, without legislator, elected representatives as proxies, as opposed to the representative democracy m ...
as well as to new norms and discourses, notably those concerning ecological stewardship and the
commons The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons ...
as well as care and social reproduction. In
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
, social movements such as the ' Right2Water' and ' Repeal the 8th' campaigns have demonstrated how highly networked individuals and communities can mobilise both alongside and outside of traditional institutions, act collectively, and advance economic, social and cultural rights.


State responsibility

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 the
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 197 ...
(ICESCR), and further Optional Protocol to the International Covenant on Economic, Social and Cultural Rights has been established in accordance with
Vienna Declaration and Programme of Action The Vienna Declaration and Programme of Action (VDPA) is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria. The position of United Nations High Commissioner for Human Ri ...
. 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 on
discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
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.


Monitoring, enforcement and implementation framework

Intergovernmental organisations and
non-governmental organisations A non-governmental organization (NGO) is an independent, typically nonprofit organization that operates outside government control, though it may get a significant percentage of its funding from government or corporate sources. NGOs often focus ...
(NGOs) have persistently neglected economic, social and cultural rights over the past 50 years. 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 for
civil and political rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
. 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. In 2008, the United Nations General Assembly adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which gives the
Committee on Economic, Social and Cultural Rights The Committee on Economic, Social and Cultural Rights (CESCR) is a United Nations treaty body entrusted with overseeing the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It is composed of 18 expe ...
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. 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 as a human right

Education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
is guaranteed as a
human right Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning t ...
in many human rights
treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
, including: Material was copied from this source, which is available under
Attribution-ShareAlike 3.0 IGO (CC BY-SA 3.0 IGO)
license.
* The Convention against Discrimination in Education(1960, CADE). * The
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 197 ...
(1966, ICESCR). * The
Convention on the Elimination of All Forms of Discrimination Against Women The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted ...
(1979, CEDAW). * The
Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of ch ...
(1989, CRC). The
right to education The right to education has been recognized as a human rights, human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free education, free, pr ...
places the individual at the centre of education frameworks. Education as a human right has the following characteristics: * It is a right; Education is not a privilege or subject to political or charitable whims. It is a human right. It places mandatory demands on duty-bearers (particularly the state, but also parents, children, and other actors). * It is universal; Everyone has the right to education without
discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
. This includes
child A child () is a human being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The term may also refer to an unborn human being. In English-speaking ...
ren,
adolescents Adolescence () is a transitional stage of human physical and psychological development that generally occurs during the period from puberty to adulthood (typically corresponding to the age of majority). Adolescence is usually associated with ...
,
youth Youth is the time of life when one is young. The word, youth, can also mean the time between childhood and adulthood (Maturity (psychological), maturity), but it can also refer to one's peak, in terms of health or the period of life known as bei ...
s,
adult An adult is an animal that has reached full growth. The biological definition of the word means an animal reaching sexual maturity and thus capable of reproduction. In the human context, the term ''adult'' has meanings associated with social an ...
s, and
older people Old age is the range of ages for people nearing and surpassing life expectancy. People who are of old age are also referred to as: old people, elderly, elders, senior citizens, seniors or older adults. Old age is not a definite biological sta ...
. * It is high priority; Education is a key priority of the state.
Obligation An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. ...
s to ensure the right to education cannot be dismissed. * It is a key right; Education is instrumental in ensuring all other human rights. It has
economic An economy is an area of the Production (economics), production, Distribution (economics), distribution and trade, as well as Consumption (economics), consumption of Goods (economics), goods and Service (economics), services. In general, it is ...
,
social Social organisms, including human(s), live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary or not. Etymology The word "social" derives fro ...
,
cultural Culture ( ) is a concept that encompasses the social behavior, institutions, and Social norm, norms found in human societies, as well as the knowledge, beliefs, arts, laws, Social norm, customs, capabilities, Attitude (psychology), attitudes ...
, civil, and
political Politics () is the set of activities that are associated with decision-making, making decisions in social group, groups, or other forms of power (social and political), power relations among individuals, such as the distribution of Social sta ...
dimensions. The right to education places legal
obligation An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. ...
s 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 its
citizens Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationality; ...
and non-citizens. These standards define what states must do and avoid doing in order to ensure the
dignity Dignity is a human's contentment attained by satisfying physiological needs and a need in development. The content of contemporary dignity is derived in the new natural law theory as a distinct human good. As an extension of the Enlightenment- ...
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 under
international human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ...
(IHRL). The main aspects of
education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
are: * The aims of education. * Non-discrimination and equality in the education system. * Free and compulsory universal
primary education Primary education is the first stage of Education, formal education, coming after preschool/kindergarten and before secondary education. Primary education takes place in ''primary schools'', ''elementary schools'', or first schools and middle s ...
. * Available and accessible, free education at the secondary level, including
vocational education Vocational education is education that prepares people for a skilled craft. Vocational education can also be seen as that type of education given to an individual to prepare that individual to be gainfully employed or self employed with req ...
. * Accessible (on the basis of capacity), free education at the tertiary level. * Fundamental education for those who have not received all or part of their primary education. * Maintenance of an education system at all levels. * Provision of a fellowship system. * The training of
teacher A teacher, also called a schoolteacher or formally an educator, is a person who helps students to acquire knowledge, competence, or virtue, via the practice of teaching. ''Informally'' the role of teacher may be taken on by anyone (e.g. w ...
s, their status, and their working conditions. * Educational freedom, that is, the freedom of parents to have their children educated in accordance with their religious and moral convictions. * The freedom of individuals and organizations to set-up private schools. * quality education, including setting minimum standards regarding infrastructure and human rights education * safe and non-violent
learning environment The term learning environment can refer to an educational approach, cultural context, or physical setting in which teaching and learning occur. The term is commonly used as a more definitive alternative to " classroom", but it typically refers to ...
s * the allocation of adequate resources * academic freedom at all levels of education * the settings and contents of the
curriculum In education, a curriculum (; : curriculums or curricula ) is the totality of student experiences that occur in an educational process. The term often refers specifically to a planned sequence of instruction, or to a view of the student's experi ...
. * Transparent and accountable education systems.


Advocacy

Networking groups such as ESCR-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 the Optional 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. The Centre on Housing Rights and Evictions (
COHRE The Centre on Housing Rights and Evictions (COHRE) was a Geneva-based international non-governmental organisation founded in 1994 by Scott Leckie as a foundation in the Netherlands (Stichting COHRE). Offices At its height in 2008, COHRE maintain ...
) has helped to establish the Housing and Property Directorate (HPD/HPCC) in Kosovo.


Theory of rights

According to Karel Vasak's theory of
three generations of human rights The division of human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Human Rights in Strasbourg. He used the term at least as early as November 1977. Vasak's theori ...
, economic, social and cultural rights are considered second-generation rights, while
civil and political rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
, such as
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
,
right to a fair trial A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...
, and the
right to vote Suffrage, political franchise, or simply franchise is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in ...
, are considered first-generation rights.Karel Vasak, "Human Rights: A Thirty-Year Struggle: the Sustained Efforts to give Force of law to the Universal Declaration of Human Rights", ''UNESCO Courier'' 30:11, Paris:
United Nations Educational, Scientific, and Cultural Organization The United Nations Educational, Scientific and Cultural Organization (UNESCO ) is a specialized agency of the United Nations (UN) with the aim of promoting world peace and security through international cooperation in education, arts, scien ...
, November 1977.
The theory of negative and positive rights considers economic, social and cultural rights positive rights.
Social rights Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Econo ...
are "rights to the meeting of basic needs that are essential for human welfare." Examples of social rights include the right to healthcare and the right to decent working conditions.


See also

*
Constitutional economics Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of econom ...
*
Constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to ...
*
Cultural rights Cultural rights are rights related to themes such as language; cultural and artistic production; participation in cultural life; cultural heritage; intellectual property rights; author's rights; minorities and access to culture, among others. ...
*
Economic security Economic security or financial security is the condition of having stable income or other resources to support a standard of living now and in the foreseeable future. It includes: * probable continued solvency * predictability of the future cash ...
* Human right to water and sanitation * Human rights inflation *
Human security Human security is a paradigm for understanding global social vulnerability, vulnerabilities whose proponents challenge the traditional notion of national security through military security by arguing that the proper referent for security should be ...
* International labour standard *
Millennium Development Goals In the United Nations, the Millennium Development Goals (MDGs) were eight international development goals for the year 2015 created following the Millennium Summit, following the adoption of the United Nations Millennium Declaration. These w ...
*
Right to education The right to education has been recognized as a human rights, human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free education, free, pr ...
*
Right to health The right to health is the economic, social and cultural economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international a ...
*
Rule according to higher law The rule according to a higher law is a philosophical concept that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule accordin ...
* Security of person *
Social pension According to the International Labour Organization, social security is a human right that aims at reducing and preventing poverty and vulnerability throughout the life cycle of individuals. Social security includes different kinds of benefits (mat ...
*
Social protection floor The social protection floor (SPF) is the first level of protection in a national social protection system. It is a basic set of social rights derived from human right treaties, including access to essential services (such as Universal health care, ...
*
Social rights Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Econo ...
*
Social safety net A social safety net (SSN) consists of non-contributory assistance existing to improve lives of vulnerable families and individuals experiencing poverty and destitution. Examples of SSNs are previously-contributory social pensions, in-kind and foo ...
*
Three generations of human rights The division of human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Human Rights in Strasbourg. He used the term at least as early as November 1977. Vasak's theori ...
*
Universal health care Universal health care (also called universal health coverage, universal coverage, or universal care) is a health care system in which all residents of a particular country or region are assured access to health care. It is generally organized a ...
* Welfare rights


References


Sources

* {{DEFAULTSORT:Economic, Social And Cultural Rights Rights