INTRODUCTION

Why Did We Write This Book?

The Purpose of the Handbook

This Handbook is a resource for NGOs and others active in civil society who want to prevent or stop violations of economic, social and cultural rights and promote fulfilment of these rights at the national and international levels. The Handbook discusses laws and practices that can help to accomplish these aims and gives many examples of achievements by NGOs and others who are promoting and defending economic, social and cultural rights. The Handbook is intended primarily for human rights “practitioners”, those who have some knowledge and experience in the field and who may give advice on human rights to their own NGO or to other NGOs. We trust that this collection of practical information, case illustrations and analysis will prove to be a worthwhile resource for anyone desiring to understand or advance economic, social and cultural rights.

The Universal Declaration of Human Rights

The ideas that we hold today about human rights date back about fifty years, to the end of World War II, the founding of the United Nations, and the drafting of the Universal Declaration of Human Rights (Universal Declaration or UDHR). Adoption of the Universal Declaration in 1948 by the brand-new UN General Assembly was one of the most important and lasting accomplishments of the UN’s early years.

Since that watershed event, there have been many advances in the field of human rights. Important treaties, declarations and other materials have been drafted at the international, regional and national levels; and methods and systems to assess compliance (referred to in this Handbook under the general heading of “monitoring”) have been developed. As the understanding of human rights has evolved over time, from a seemingly impractical ideal to a widely held set of shared beliefs, the field has grown more complex. Individuals and organisations around the world devote themselves to the promotion and protection of human rights; academics study, write and debate about human rights issues; and governments frequently proclaim the importance of human rights in their foreign policy statements.

In spite of the growing size and complexity of the field, the basic premise of human rights is very simple and has not changed significantly since 1948. Individuals are entitled to certain rights simply by virtue of being human. Human beings are entitled to live lives of dignity and respect, without suffering discrimination, and to participate in making the decisions that affect them. The Universal Declaration proclaims these principles, listing specific freedoms and protections that are fundamental components of a life of dignity, respect, equality and participation. The treaties and declarations that have followed the Universal Declaration have clarified and refined ideas about the scope and nature of the rights, affirmed that they belong to everyone, and required governments to ensure that their people are able to enjoy their human rights. The core human rights values they proclaim remain unchanged.

Ideal vs. Reality

Although the importance of human rights is well accepted and theoretical development in the field has proceeded steadily, there is all too often a clear and painful disconnect between the inspiring ideals of human rights and the depressing reality of how many people are forced to live. Traditionally, human rights are viewed as an agreement or relationship between an individual (either singly or in groups) and the government. This relationship entitles individuals to make claims on their government if it suppresses or neglects that individual’s agreed-upon human rights.

There are obvious problems in entrusting governments with the responsibility of keeping track of and publicising their own performance in meeting their human rights obligations. Yet, with few exceptions, the international and regional human rights monitoring systems are set up to do exactly that. The international system lacks the strong enforcement mechanisms, including laws and regulations, police forces and court systems, that are available to national governments when they operate in the domestic sphere. The international human rights system relies instead on states’ voluntary co-operation in living up to their human rights commitments.

The Role of Non-Governmental Organisations in Monitoring Human Rights

These two phenomena—1) the difference between the theoretical acceptance of human rights and the harsh reality of peoples’ lives in far too many places, and 2) governments’ poor track record in monitoring, publicising and correcting their own shortcomings—have created a large gap that has been filled by individuals, charitable organisations, civic associations, trade unions, educational institutions, religious groups and other private actors. These groups are often referred to collectively as civil society, in contrast to commercial or military and other government entities. The contributions of civil society are indispensable in helping people to live lives of dignity and respect, at all levels of human society around the world—from the corridors of the United Nations and national governments, to individual households and families, and everything in between. The range of activities undertaken by civil society organisations to promote, protect and defend human rights is very broad. It includes monitoring and reporting, education and awareness-building, direct service delivery, community development and mobilisation, participation in the political and judicial processes, trade union work, consumer or environmental actions, and all the various ways these activities intersect and overlap, to name just a few.

For ease of reference, throughout the Handbook we will most often refer to these civil society groups collectively as “non-governmental organisations” or NGOs. The creators of this Handbook recognise and salute the indispensable contributions of NGOs to the realisation of human rights everywhere. Our purpose in producing the Handbook is to provide ideas, information, tools, resources, and encouragement to enable NGOs to accomplish this vital role even more effectively. Although the primary audience for this Handbook is non-governmental organisations, and it was written with their needs in mind, any individual or organisation wishing to use this resource is welcome to do so.

Human Rights Are Interdependent

Thus far we have talked in terms of human rights in general, rather than separating them into the traditional categories of civil and political rights on the one hand, and economic, social and cultural rights on the other. This is intentional. Fundamental human rights principles include treating people with dignity and respect. In very broad terms it can be said that the goal of civil and political rights is to ensure that people are treated with respect, and that the purpose of economic, social and cultural rights is to make sure that they can lead lives of dignity. In reality, though, it is impossible to have one without the other.

The subject of this Handbook is economic, social and cultural rights. We have chosen this focus to help erase the artificial distinction between the so-called two “categories” of human rights. It may seem odd to focus on one particular “type” of human rights as a way to eliminate the whole idea of categories. We do so in order to correct an imbalance. Over the years, civil and political rights have received the lion’s share of attention. As a result, these rights are better accepted and understood than are economic, social and cultural human rights. We believe that to improve the status and realisation of ESC rights, it is necessary to devote more time, effort and attention to understanding them. This Handbook is one attempt to do that.

The good news is that many other individuals and organisations are also contributing to this effort. During the past ten years, economic, social and cultural rights have become more prominent and better recognised as full-fledged human rights on an equal footing with traditional civil and political rights. This Handbook describes the work that some of these people and organisations are doing to improve the understanding, acceptance and realisation of economic, social and cultural rights. More information on these organisations can be found in Annex E.

The topic of economic, social and cultural rights is vast, and a single guidebook cannot claim to be comprehensive. This Handbook concentrates on a few aspects of the topic. These include: what economic, social and cultural rights mean, what it means to commit violations of them, how progress and violations may be monitored, and how implementation can be improved. A variety of monitoring and promotional methods and approaches are described, but the emphasis is on how the international system set up by the United Nations works and how NGOs can participate in that process. Throughout this guide we point to other sources of information for those who want to learn more.