ESC Rights: A Valid History, A Vibrant Future

Economic, social and cultural rights (ESC rights) are human rights recognized and embedded in the International Bill of Human Rights. Together with civil and political rights (C&P rights), ESC rights constitute part of an integral, interrelated, interdependent, and indivisible international human rights corpus enshrined in important legal instruments such as the

Universal Declaration of Human Rights , International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights. As preeminently proclaimed by the Universal Declaration of Human Rights , the ideal of free human beings enjoying freedom of speech and belief, freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his ESC rights, as well as his C&P rights.

The principle of the interdependence and indivisibility of all human rights has become solidly entrenched in the jurisprudence of municipal courts, regional and international judicial and quasi-judicial human rights bodies. For example, the European Court of Human Rights held in paragraph 26 of the October 9, 1979 decision in Airey v. Ireland that “there is no water-tight division between civil and political and economic, social and cultural rights.” In its Concluding Observations (CAT/C/XXVII/Concl.5) , the Committee against Torture found that the Israeli policies on closure and house demolitions may, in certain instances, amount to cruel, inhuman or degrading treatment.

The prevailing consensus on the indivisibility and interdependence of all human rights belies the historical preeminence accorded C&P rights over ESC rights based on cold war-related ideological quibbles as well as the now discredited conceptual arguments which sought to show C&P rights as being in a qualitatively different category from ESC rights. This relegation of ESC rights denied many an important, rights-based platform to challenge the terrible social and economic conditions to which they are subjected. It also arguably ensured that the community of human rights advocates remained largely comprised of politically conscious professionals who did not see or act upon the necessity to directly engage the poor in the promotion and protection of human rights.

To be certain, ESC rights are valid, enforceable, justiciable and claimable under both municipal and international law. In relation to the justiciability of ESC rights, the United Nations Committee on Economic, Social and Cultural Rights , the UN body responsible for monitoring the implementation of the International Covenant on Economic, Social and Cultural Rights, has stated that, “in relation to civil and political rights, it is generally taken for granted that judicial remedies for violations are essential. Regrettably, the contrary assumption is too often made in relation to economic, social and cultural rights. This discrepancy is not warranted by either by the nature of the rights or by the relevant Covenant provisions. The Committee further holds that “while the general approach of each legal system needs to be taken into account, there is no Covenant right which could not, in the majority of systems, be considered to possess at least some significant justiciable dimensions.” See the United Nations Committee on Economic, Social and Cultural Rights General Comment Number 9 on the Domestic Application of the Covenant.

Today, the issue is no longer whether ESC rights are valid human rights but rather how they may be usefully, effectively and practically translated to the benefit of humankind, particularly those that are worse off socially and economically. This is the ultimate justification for this online manual which is offered as a contribution to the sharing, learning and doing now underway around the world in pursuit of the full realization of ESC rights.

The manual is an easy-to-use resource aimed at building human and institutional capacity to effectively use ESC rights, and responds to human rights defenders’ need for aid in integrating ESC rights into their active work. Although you will find that the cases cited are mostly of a legal nature, and that the governing standards are framed within international law, this manual is not aimed at lawyers alone but offered as resource to all concerned with the promotion and defense of ESC rights, including grassroots activists and their organizations.