CHAPTER 3

What Are Economic, Social and Cultural Human Rights and Who Must Ensure that They Are Implemented?

The following are recognised as economic, social and cultural rights in the International Covenant on Economic, Social and Cultural Rights and the Universal Declaration of Human Rights:

• fair and safe working conditions for workers;
• the right to seek and choose work;
• the right to form, join and act together in trade unions;
• “social security”, including government assistance during old age and in times of unemployment, and money or other help for people at other times when they need assistance in order to live their lives with dignity; • assistance and protection for families;
• equal marriage rights for men and women;
• an adequate standard of living for everyone, involving adequate clothing, housing, and food;
• a high standard of health and health care for all;
• satisfactory primary education for all and increased opportunities for further education;
• the right to participate in the cultural life of the community; and
• the right to benefit from scientific progress.

Several UN treaties guarantee economic, social and cultural rights for specific groups. For instance, many conventions agreed to through the International Labour Organisation (ILO) are aimed at employees and employers. Other UN treaties containing protections for economic, social and cultural rights include CEDAW, the CRC and CERD.

Advocates for Covenant rights should note that as of early 2000, all but two countries had ratified the Convention on the Rights of the Child. The CRC contains many statements that obligate States to ensure the human rights of all children, including their economic, social and cultural rights. In most cases, this would require ensuring the enjoyment of human rights by other members of a child’s family as well. As was indicated earlier, guarantees for economic, social and cultural rights are also found in agreements among countries in several regions: in the Americas (North, Central and South America and the Caribbean), the American Convention on Human Rights; in Africa, the African Charter on Human and Peoples’ Rights; and in Europe, the European Social Charter.

Under human rights treaties, governments have the final responsibility for guaranteeing that people have the opportunity to enjoy the benefits of these rights. In order for people to enjoy the benefits of economic, social and cultural rights, governments must play a positive role, yet governments are not always the direct providers of what a particular human right requires. Governments can do much to make sure that everyone enjoys adequate education and health care, for instance, even though governments do not provide all aspects of education or health care. If we consider workers’ rights, we may observe that although many economic and social rights involve employment, most people are not employed by governments. Yet governments pass the laws and often provide the inspectors to ensure safety and fair conditions for workers.

Full economic, social and cultural rights can be achieved only gradually. Resources and time may be required. To help fulfil the right to education it is necessary to hire and perhaps train teachers. Promoting the right to health necessitates trained nurses. Access to land for poor farmers is part of assuring the rights to food and to an adequate standard of living. Resources and time must be applied to remove discriminatory employment and business barriers facing women, minorities and people with disabilities. Also, since implementation of economic, social and cultural rights often costs money, it can be difficult for many low-income nations to meet all their obligations adequately at once. In wealthier countries, the problem may be that the state does not give adequate priority to economic, social and cultural rights obligations as compared with other interests and responsibilities. We should remember, however, that many government obligations do not cost much money. Certain obligations under the Covenant can be implemented immediately, notably the obligations to respect and protect existing rights (as discussed in Chapters 5 and 6).

Although the Covenant allows States to achieve full rights gradually, it demands that States take some steps immediately, thereby setting the stage for progress. As soon as possible, States Parties to the Covenant must pass laws and launch plans and programmes, to start strengthening the enjoyment of rights. (The obligations of a State Party are examined in Chapter 7.)

As we explain in Chapter 5, a State Party is never permitted to sit still and do nothing about economic, social and cultural rights, even if the Covenant allows countries to make progress gradually. In its reports to the UN, a State Party must describe the specific plans that it has made, the legislation it has passed, and the other steps it has taken, as well as the progress it has achieved. Such information helps to prove whether the State is working hard (or not) to comply with its Covenant obligations.