ESC Rights Framework

Economic, Social and Cultural rights are specific rights and include those rights listed below:

Right to Development

A primary, guiding text on the right to development is the Declaration on the Right to Development which provides in Article 1, Paragraph 1 that the right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized.

As clarified by the United Nations Independent Expert on the Right to Development, the right to development is:

  • the right to a particular process of development that allows the realization of economic, social and cultural rights, as well as civil and political rights, and all fundamental freedoms, by expanding the capabilities and choices of the individual. Any increase of human development, carried out in a participatory, accountable, transparent and non-discriminatory manner that improves equity and justice by reducing poverty, will be consistent with the human rights approach to development; and
  • a ‘vector’ of different elements, including the right to food, the right to healthy, the right to education, the right to housing and other economic, social and cultural rights, as well as all the civil and political rights, together with rates of growth of representative resources such as per capita consumption, output and enjoyment. The requirement for improving the right to development is that at least some of the rights can be increasingly realized while no other deteriorates in realization or is violated, regardless of whether they are civil or political rights or any of the economic, social and cultural rights, and there is sustained growth of overall resources.

The international community has a duty to cooperate to enable the States parties to fulfil its obligations under the right to development. Otherwise implementing a plan of development with fundamental institutional changes within individual nation-states may not be possible. Such international cooperation cannot be considered only in terms of transfer of resources. On their own part, developing countries must enact legislation that empowers beneficiaries at the grassroots level, allocates investment and restructures production to promote equity and sustainable growth with resources (i.e., gross domestic product, output and employment, legal, technical and institutional resources) available.

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rights bear non-derogable core obligations with respect to the right to development. For example, States are obligated to ensure the right to a process that expands the capabilities or freedom of individuals to improve their well-being and to realize what they value. As such, the United Nations General Assembly noted in paragraph 9 of its Resolution 56/150 that the realization of the rights to food, health and education may be important development entry points to the realization of the right to development.

Some important quantifying and qualifying tools that are useful when monitoring program service delivery on the right to development are:

Right to Development Dossier

Key Right to Development Cases and Advances

Significant advances toward the full realization of the right to own land and other property continue to be made. Some initial resources on the right are:

The following case studies and summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to development:

Right to Work and Rights at Work

A primary guiding text on the right to work and rights at work is the International Covenant on Economic, Social and Cultural Rights which states, in pertinent part,:

Article 6:

1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

Article 7:

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favorable conditions of work which ensure, in particular:

(a) remuneration which provides all workers, as a minimum with:

(i) fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(ii) a decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions;

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

(d) rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays.

Article 8:

1. The States Parties to the present Covenant undertake to ensure:

(a) the right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;

(b) The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations;

(c) The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedom of others;

(d) The right to strike, provided that it is exercised in conformity with the laws of the particular country.

2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the State.

An excellent resource on this right is Module 10 of Circle of Rights on “The Right to Work and Rights at Work”.

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rights bear non-derogable core obligations with respect to the right to work and rights at work. States are obligated to ensure the right to:

  1. gain his or her living by work;
  2. work that he or she freely chooses or accepts;
  3. right to productive work;
  4. just and favorable remuneration;
  5. fair wages and equal remuneration for equal work of equal value;
  6. dignified, safe and healthy working conditions;
  7. rest and leisure, reasonable working hours and periodic holidays with pay;
  8. right to form and join trade unions;
  9. right of trade unions to organize; and
  10. technical and vocational education made freely available.


One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to work and rights at work is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights.

Right to Work and Rights at Work Dossier

Potential Right to Work Violations

One common misconception surrounding the right to work is that, when it is fully realized, everyone has a job. To the contrary, the right to work and its associated provisions do not require that the State provides everyone with a job. But, the State must meet the non-derogable core obligations of the right in line with its generic obligations under the International Covenant on Economic, Social and Cultural Rights.

In this regard, for example, the State must align its macroeconomic policies and relationships to promote and protect the right to work and rights at work. Between 1978 and 1995, unemployment rose in 72% of the countries on which the International Labour Organisation (ILO) tracked and published statistics during the years that they received funding from the International Monetary Fund.

Key Right to Work Developments and Sample Best Practices

The following case summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to work and rights at work:

Right to the Highest Attainable Standard of Health

A primary, guiding text on the right to the highest attainable standard of health is article 12 of the International Covenant on Economic, Social and Cultural Rights which provides:

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:

(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child;

(b) The improvement of all aspects of environmental and industrial hygiene;

(c) The prevention, treatment and control of epidemic, endemic, occupational and other disease;

(d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

An additional resource on this topic is Module 14 of Circle of Rights on “The Right to Health”.

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rightsbear non-derogable core obligations with respect to the right to health. States are obligated:

to ensure the right of physical and economic access to health facilities, goods and services on a non-discriminatory basis, especially for vulnerable or marginalized groups. This core obligation includes the right to access to trained medical and professional personnel who receive domestically competitive salaries;

  • to ensure access to the minimum essential food which is nutritionally adequate and safe, to ensure freedom from hunger to everyone;
  • to ensure access to basic shelter, housing and sanitation, and an adequate supply of safe and potable water;
  • to provide essential drugs, as from time to time defined under the World Health Organisation Action Programme on Essential Drugs;
  • to ensure equitable distribution of all health facilities, goods and services; and
  • to adopt and implement a national public health strategy and plan of action, on the basis of epidemiological evidence, addressing the health concerns of the whole population; the strategy and plan of action shall be devised, and periodically reviewed, on the basis of a participatory and transparent process; they shall include methods, such as right to health indicators and benchmarks, by which progress can be closely monitored; the process by which the strategy and plan of action are devised, as well as their content, shall give particular attention to all vulnerable or marginalized groups.

The full realization of the right to the highest attainable standard of health also requires that:

  • health services be culturally appropriate, taking into account traditional preventative care, healing practices and medicines (See Module 17 of Circle of Rights on “Cultural Rights”);
  • the right to control’s one’s health and body, including treatment refusals, and sexual and reproductive freedoms be respected;
  • reproductive, maternal (pre-natal as well as post-natal) and child health care are ensured;
  • immunization against the major infectious diseases occurring in the community be provided;
  • measures to prevent, treat and control epidemic and endemic diseases be taken;
  • education and access to information concerning the main health problems in the community, including methods of preventing and controlling them be provided;
  • appropriate training for health personnel, including education on health and human rights be provided;
  • healthy occupational and environmental conditions be assured;
  • equal and timely access to basic preventative, curative, rehabilitative health services and health education be ensured;
  • the right to be free from interference such as torture and non-consensual medical treatment and experimentation be protected;
  • the confidentiality of personal health data be assured; and
  • the right to seek, receive and impart information about health issues be protected.

Some important quantifying and qualifying tools that are useful when monitoring program service delivery on the right to health include the:

Right to Health Dossier

Potential Right to Health Violations

Some potential right to health violations include:
  • the State outlawing all forms of traditional healthcare
  • forced sterilizations
  • the trafficking of human beings, including the sale of human organs
  • In addition, the Public Services International Research Unit is a good resource on specific ways that privatization in the healthcare sector can further marginalize the poor and other vulnerable groups.

Key Health Rights Developments and Sample Best Practices

Significant advances toward the full realization of the right to health continue to be made. Some initial resources on the right are:

The following case studies and summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to health:

Right to Life

The United Nations Human Rights Committee observed in its General Comment Number 6 that,

the right to life has been too often narrowly interpreted. The expression ‘inherent right to life’ cannot properly be understood in a restrictive manner and the protection of this right requires that States adopt positive measures. In this connection, the Committee considers it desirable for States Parties to take all possible measures to reduce infant mortality and increase life expectancy, especially in adopting measures to eliminate malnutrition and epidemics.

Significant advances toward the full realization of the economic, social and cultural rights dimensions of the right to life continue to be made. One initial resource on the right is Center for Economic and Social Rights and the Indian Case;

Olga Tellis v. Bombay Municipal Corporation

An additional resource on the right is Front Line's online Civil and Political Rights Manual entry on the right to life.

The following case studies and summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to life:

Two important quantifying and qualifying tools that are useful when monitoring program service delivery on the right to life are the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights and the Millennium Development Goals.

Right to Life Dossier

Right to Water and Sanitation

A primary, guiding text on the right to water and sanitation is articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights. When the right to water is fully realized, people have access to a sufficient quantity and quality of water to meet their basic needs that is supplied under the best possible conditions in a non-discriminatory manner.

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rights bear non-derogable core obligations with respect to the right to water. States are obligated to ensure:

  • the right to fresh, safe and sufficient water that is of an acceptable color, odor and taste for each personal or domestic use;
  • right to be free from interference, such as the right to be free from arbitrary disconnections or contamination of water supplies;
  • the right to a system of water supply and management that provides equality of opportunity for people to enjoy the right to water;
  • non-discriminatory economic and physical access to potable water and water facilities such as piped water networks, water tankers, rivers and wells;
  • adequate sanitation;
  • that the water supply for each person must be sufficient and continuous for personal and domestic uses;
  • that the water required for each personal or domestic use must be safe, therefore free from micro-organisms, chemical substances and radiological hazards that constitute and threat to a person’s health; and
  • the right to seek, receive and impart information concerning water issues.

One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to water is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights. As a caveat, the United Nations Committee on Economic, Social and Cultural Rights advises that the adequacy of water should not be interpreted narrowly by mere reference to volumetric quantities and technology.

Right to Water and Sanitation Dossier

Potential Right to Water Violations

Some potential right to water violations include:

  • Excluding women from decision-making processes concerning water resources and entitlements; and
  • Maintaining ineffective regulatory systems that permit private actors that operate or control water services to restrict economic and physical access to sufficient, safe and acceptable water based on schemes that are discriminatory and unaffordable.

Key Right to Water Developments and Sample Best Practices

Major advances in holding non-state actors accountable for social and economic rights violations are also apparent when examining privatization exercises where the public sector underwrites private investment risks and/or sells state-owned assets to private actors. Some of the attendant dangers of privatization from an ESC rights perspective include:

  • a sharp decline in the extent of the quality and coverage to vulnerable groups;
  • low level, at best, or complete lack of, at worst accountability of operators; and
  • basic social services driven by market forces (i.e. rate of return and cost-recovery considerations) that impact negatively on access to services by marginalized groups and poor people.

The Public Services International Research Unit (PSIRU) is a good resource on specific ways that privatization in the water sector can further marginalize the poor and other vulnerable groups. Of particular note is PSIRU’s criticisms of the World Bank’s water resources sector strategy.

General Comment Number 15 on the Right to Water

Special Rapporteur Report

The following case summary illustrates how human rights defenders have used the ESC rights approach to promote and protect the right to water and sanitation:

Right to an Adequate Standard of Living

A primary, guiding text on the right to an adequate standard of living is article 11(1) of the International Covenant on Economic, Social and Cultural Rights which provides, “[t]he States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.”

One common misconception about the right to an adequate standard of living is that it limitedly covers food, clothing and housing needs. However, the United Nations Committee on Economic, Social and Cultural Rights, the principal supervisory body to the International Covenant on Economic Social and Cultural Rights, has concluded that the constituent rights emanating from article 11(1) of the Covenant’s recognition of the right to an adequate standard of living are not limited to food, clothing and housing. For example, in its General Comment Number 15, the Committee found that the right to water falls within the category of guarantees essential for securing an adequate standard of living.

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rights bear non-derogable core obligations with respect to the right to an adequate standard of living. At bare minimum, the right includes:

  • adequate care to enable all to meet their basic needs under conditions of dignity. Such care may necessarily include reasonable accommodations and assistive services for persons with disabilities, children and others who are denied their economic and social rights;
  • continuous improvement of living conditions;
  • adequate prevention and control of disease;
  • available, accessible and cultural adequate clothing;
  • the core obligations of the rights to adequate food, adequate housing,water , and life; and
  • international cooperation on realizing the right to an adequate standard of living.

Some important quantifying and qualifying tools that are useful when monitoring program service delivery on the right to an adequate standard of living include:

Right to an Adequate Standard of Living Dossier

Potential Right to an Adequate Standard of Living Violations

Some potential right to an adequate standard of living violations include:

In addition, the Public Services International Research Unit is a good resource on specific ways that privatization in the healthcare, water, and waste removal services sectors can further marginalize the poor and other vulnerable groups.

Key Right to an Adequate Standard of Living Developments and Sample Best Practices

Significant advances toward the full realization of the right to an adequate standard of living continue to be made. Some initial resources on the right are:

The following case studies and summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to an adequate standard of living:

General Comments Relating to the Right to an Adequate Standard of Living

Right to Own Land and Other Property

The right to own land and other property includes the right of everyone to private ownership and the right to the use and enjoyment of land and other property. Part and parcel of this is the right to exclude other from such use and enjoyment or privately owned land and other property.

In recent years, the relationship between this constituent right to exclude others from property use and enjoyment and the full promotion and protection of other ESC rights has been particularly tenuous with regards to intellectual property rights. This tension is most apparent to human rights defenders working to protect the rights of People Living with HIV/AIDS (PLWHA), including their rights to the highest attainable standard of health and their rights to benefit from scientific advancement. Under the World Trade Organization’s Agreement on the Trade-Related Aspects of Intellectual Property Rights (the “TRIPS Agreement”), for example, medications essential to the management and treatment of HIV/AIDS were accorded strengthened patent protection that, in practical terms, made it impossible for most PLWHAs worldwide to have access to the drugs. This was cured, in part, by the Declaration on the TRIPS Agreement & Public Health (the “Doha Declaration”) in which the WTO Ministers agreed to exempt least-developed countries from the stringent measures demanded by TRIP until 2016.

The General Recommendation 21 of Committee on the Elimination of Discrimination against Women further provides that the right to own, manage, enjoy and dispose of property is central to a woman’s right to enjoy financial independence, and in many countries will be critical to her ability to earn a livelihood and to provide adequate housing and nutrition for herself and for her family.

One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to own land and other property is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights.

Right to Own Land and Other Property Dossier

Key Right to Own Land and Other Property Developments and Sample Best Practices

Significant advances toward the full realization of the right to own land and other property continue to be made. One initial resource on the right is Module 18 of Circle of Rights on “Land Rights”.

The following case summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to own land and other property:

Right to Participation

The right to participation is implicit in the International Covenant on Economic, Social and Cultural Rights in Articles 8 (on freedom of association), 13 (on education), and 15 (on cultural life) and explicit in the International Covenant on Civil and Political Rights.  The right to participation is spelt out in the 1986 UN Declaration on the Right to Development and in the 1993 Vienna Declaration and Programme of Action. Individuals, groups and communities hold a human right to be involved in decision-making, planning and implementation processes affecting their ESC rights and are entitled to information that enables the decision-making process to be meaningful. It follows that states and non-state actors, particularly development agencies have a duty to enable people affected by a development activity to participate in ways capable of transforming their social, political and economic conditions.

The following case summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to participation:

One important quantifying and qualifying tool for monitoring program service delivery on the right to participation is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights.

Right to Self-determination

The right to self determination is firmly entrenched in the International Bill of Rights as well as most major international human rights instruments.  For example article 1 of the International Covenant on Economic, Social and Cultural Rights provides:

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

As clarified by the United Nations Human Rights Committee in its General Comment Number 10, paragraph 2 [of the International Covenant on Civil and Political Rights] affirms a particular economic context of the right of self-determination. ... This right entails corresponding duties for all states and the international community. States should indicate any factors or difficulties which prevent the free disposal of their natural wealth and resources contrary to the provisions of this paragraph and to what extent that affects the enjoyment of other rights set forth in the Covenant.

Significant advances toward the full realization of the right of self-determination continue to be made. Some initial resources on the right are:

One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right of self-determination is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights. 

Self-determination Rights Dossier

 

General Comments Relating to the Right of Self-Determination

Right to Social Security

A primary guiding text on the right to social security is the International Covenant on Economic, Social and Cultural Rights which provides:

Article 9:

The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

States parties to the International Covenant on Economic, Social and Cultural Rights bear non-derogable core obligations with respect to the right to social security. For example, States are obligated to ensure:

  • stable access to essential social services for people in need, including social assistance, medical care, food, housing, employment, training, education and culture;
  • available, accessible and time-effective avenues to redress social security rights violations; and
  • equal and non-discriminatory rules and procedures governing eligibility for social security programs and termination of benefits or social insurance programs.

Consistent with U.N. Committee on Economic, Social and Cultural Rights General Comment Number 3, even in times of severe resource constraints, the vulnerable members of society must be protected by the adoption of relatively low-cost targeted programs. One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to social security is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights.

Social Security Rights Dossier

 

Key Social Security Developments and Sample Best Practices

Significant advances toward the full realization of the right to social security continue to be made. Some initial resources on the right are:

The following case summary illustrates how human rights defenders have used the ESC rights approach to promote and protect the right to social security:

Right to a Healthy Environment

States parties to the International Covenant on Economic, Social and Cultural Rightsbear non-derogable core obligations with respect to the right to a healthy environment. For example, States are obligated to:

  1. monitor and ensure the improvement of all aspects of environmental and industrial hygiene,
  2. take reasonable and other measures to prevent pollution and ecological degradation, and
  3. promote conservation and ecologically sustainable development when using natural resources.


The United Nations Special Rapporteur on Toxic Waste Dumping is one good source of information about how governments and non-state actors can meet their right to a healthy environment obligations. For general information about this right, Module 15 of Circle of Rights on “The Right to a Healthy Environment” serves as another good resource.

One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to a healthy environment is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights.

Right to a Healthy Environment Dossier

Key Right to a Healthy Environment Developments and Sample Best Practices

Jurisprudence on the right to a healthy environment is ever-emerging. Two important cases are Minors Oposa v. Secretary of the Department of Environmental Natural Resources (DENR) and Mexico v. Metalclad.

The following case summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to a healthy environment:

Right to Family Life

A primary guiding text on the right to family life is the International Covenant on Economic, Social and Cultural Rights which provides in article 10:

The States Parties to the present Covenant recognize that:

1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.

2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period, working mothers should be accorded paid leave or leave with adequate social security benefits.

3. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.

The United Nations Human Rights Committee has clarified in its General Comment Number 28 that, “in giving full effect to the recognition of family in the context of (International Covenant on Civil and Political Rights) article 23, it is important to accept the concept of the various forms of family, including unmarried couples and their children and single parents and their children, and to ensure the equal treatment of women in these contexts ... “

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rightsbear non-derogable core obligations with respect to the right to family life. States are obligated to ensure:

  • the right of men and women of marriageable age to marry;
  • free and full consent of intending spouses;
  • right to found a family as a result of the marriage;
  • right of family to protection of society and state;
  • equal rights of both spouses;
  • protection of children of a marriage in the event of its dissolution; and
  • participation in cultural life (See Module 17 of Circle of Rights on “Cultural Rights”).

One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to family life is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights.

Right to Family Life Dossier

Potential Right to Family Life Violations

Some potential right to family life violations include:

  • Marriage restrictions based on health;
  • Forced sterilizations; and
  • Child labor

Key Right to Family Life Developments and Sample Best Practices

 

The following case summary illustrates how human rights defenders have used the ESC rights approach to promote and protect the right to family life:

Right to Adequate Food

primary, guiding text on the right to food is article 11 of the International Covenant on Economic, Social and Cultural Rightswhich provides:

1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed:

(a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;

(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rights bear non-derogable core obligations with respect to the right to food. States are obligated to ensure:

  • the availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture;
  • economic and physical accessibility of such food in ways that are sustainable and that do not interfere with the enjoyment of other human rights;
  • the right to be free from hunger and malnutrition in order to develop fully and maintain physical and mental facilities;
  • non-discriminatory access to sufficient food that is balanced and safe enough to satisfy nutritional requirements for physical and mental growth, development and maintenance, and physical activity that is in compliance with human physiological needs at all stages throughout the life cycle and according to gender and occupation;
  • non-discriminatory access to culturally acceptable food that conforms as much as possible to perceived non-nutrient based values attached to food (See Module 17 of Circle of Rights on Cultural Rights); and
  • non-discriminatory access food in a manner which does not destroy one’s dignity

The obligation to promote human rights may extend to the development of coherent indicators and benchmarks for measuring the effectiveness of the government’s policies and measures to achieve the realization economic, social and cultural rights.  The United Nations Committee on Economic, Social and Cultural Rights advises that the right to food should not be “interpreted in a narrow or restrictive sense which equates it with a minimum package of calories, proteins and other specific nutrients.” Some important quantifying and qualifying tools that are useful when monitoring program service delivery on the right to food include the: 

Right to Food Dossier

Potential Right to Food Violations

Some potential right to food violations include:

  • using food aid as a political weapon
  • enacting statutes that outlaw breastfeeding
  • maintaining insufficient measures to prevent public and private contamination of foodstuffs

Key Food Rights Developments and Sample Best Practices

Significant advances toward the full realization of the right to food continue to be made. Some initial resources on the right are:

The following case summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to food:

Right to Adequate Housing

United Nations Special Rapporteur on the Right to Adequate Housing’s working definition of the human right to adequate housing is the right of every woman, man, youth and child to gain and sustain a secure home and community in which to live in peace and dignity.

Worldwide, there are at least 100 million people living with no shelter at all, with between 30-70 million children living on the streets. Distressed housing can take many forms, including: slums and squatter settlements, old buses, shipping containers, pavements, railway platforms, streets and roadside embankments, cellars, staircases, elevator enclosures, cages, cardboard boxes, plastic sheets and aluminum and tin shelters.

A primary, guiding text on the right to adequate housing is article 11(1) of the International Covenant on Economic, Social and Cultural Rights which provides, “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.”  

As clarified by the United Nations Special Rapporteur on the Right to Adequate Housing, the right does not imply that:

  • the State is required to build housing for the entire population;
  • housing is to be provided free of charge by the State to all who request it;
  • the State must necessarily fulfil all aspects of this right immediately upon assuming duties to do so;
  • the State should exclusively entrust either itself or the unregulated market to ensuring this right to all; or
  • this right will manifest itself in precisely the same manner in all circumstances or locations.

    • Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rightsbear non-derogable core obligations with respect to the right to adequate housing. Adequate housing, at minimum, requires:

  1. legal security of tenure including legal protection against forced evictions;
  2. availability of services, materials, facilities and infrastructure;
  3. affordability;
  4. habitability (e.g., adequate privacy, security, lighting and ventilation;
  5. accessibility for disadvantaged groups;
  6. adequate location with regard to work and basic facilities; and
  7. cultural adequacy (see Module 17 on “Cultural Rights” from Circle of Rights).

Two important quantifying and qualifying tools that are useful when monitoring service delivery on the right to adequate housing include the:

Housing Rights Dossier

Potential Right to Housing Violations

Some potential right to housing violations include:

Key Housing Rights Developments and Sample Best Practices

Significant advances toward the full realization of the right to adequate housing continue to be made. Some initial resources on the right are:

The following case studies and summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to adequate housing:

General Comments on the Right to Housing and Forced Evictions

Right to Benefit from Scientific Advancement

A primary guiding text on the right to benefit from scientific advancement is the International Covenant on Economic, Social and Cultural Rights which provides:

Article 15:

1. The States Parties to the present Covenant recognize the right of everyone:

  • To enjoy the benefits of scientific progress and its applications,

  • To benefit from the protection of the moral and material interest resulting from any scientific, literary or artistic production of which he is the author.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture.

3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.

4. The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rights bear non-derogable core obligations with respect to the right to benefit from scientific advancement. For example, States are obligated to facilitate the conservation, development and diffusion of science and culture. One potential violation of the right to benefit from scientific advancement is denying access to drugs or advancements in medical technology.

One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to benefit from scientific advancement is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights

Right to Benefit from Scientific Advancement Dossier

Right to Freedom of Association

The primary guiding texts on the right to freedom of association are the International Covenant on Economic, Social and Cultural Rights (article 8 on the right to form and join a trade union) and the International Covenant on Civil and Political Rights (article 22).  The following case studies and summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to freedom of association:

An additional resource on the right is in Front Line's Civil and Political Rights online manual entry on the right to freedom of association.

The International Labour Organisation’s Committee on Freedom of Association receives and reviews& complaints alleging violations of the right to freedom of association.

Two important quantifying and qualifying tools that are useful when monitoring program service delivery on the right to freedom of association are:

Freedom of Association Dossier

Right to Education

A primary, guiding text on the right to education is the International Covenant on Economic, Social and Cultural Rights which provides:

Article 13:

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognized that, with a view to achieving the full realization of this right:

(a) Primary education shall be compulsory and available free to all;

(b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;

(e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.

3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum education standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.

4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph 1 of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 14:

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge to all.

Minimum Core Content

States parties to the International Covenant on Economic, Social and Cultural Rightsbear non-derogable core obligations with respect to the right to education. States are obligated to ensure:

  • non-discriminatory physical and economic access to functioning educational institutions and programs available in sufficient quantity within a State Party’s jurisdiction;
  • acceptability in terms of the form and substance of the education, including curricula and teaching methods;
  • adaptable education that responds to the needs of students within their diverse social and cultural settings (See Module 17 on “Cultural Rights” from Circle of Rights);
  • compulsory primary education available free to all;
  • secondary education in its different forms generally made available and accessible to all by every appropriate means;
  • higher education in its different forms made available on the basis of capacity;
  • technical and vocational education made generally available;
  • the right to educational freedom, including: (1) respect for the liberty of parents and guardians to ensure the religious and moral education of their children in conformity with their own convictions, and (2) the liberty of parents and guardians to choose educational institutions other than public schools for their children, provided the schools conform to such minimum educational standards as may be laid down or approved by the State;
  • the obligation of the State to ensure that the liberty of everyone to establish and direct educational institutions does not lead to extreme disparities of educational opportunity for some groups in society;
  • continuous improvement of the material conditions of teaching staff;
  • an overall developmental strategy for school systems;
  • an adequate fellowship system; and
  • the academic freedom to pursue, develop and transmit knowledge and ideas through research, teaching, study, discussion, documentation, production, creation or writing.

Two important quantifying and qualifying tools that are useful when monitoring program service delivery on the right to education are the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights and the millennium development goals

Right to Education Dossier

Key Right to Education Cases and Developments

Significant advances toward the full realization of the right to education continue to be made. Some initial resources on the right are: