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:

• 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
• Poverty Matrix
• Key Indicator Mapping Systems (KIMS)
• Key Indicator Data Systems (KIDS)
• Africa Household Survey Databank
• right to adequate food, adequate housing, water, and life indicators

Right to an Adequate Standard of Living Dossier

• Article 25(1) of the Universal Declaration of Human Rights
• Article 11(1) International Covenant on Economic, Social and Cultural Rights
• Article 27(3) Convention on the Rights of the Child
• Preamble (a), 14 of Charter of Economic Rights and Duties of States
• Articles 11, 12 of Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights; “Protocol of San Salvador”
• Article 55(a) of Charter of the United Nations
• Preamble, Employment Policy Convention
• III(a) of Declaration Concerning the Aims and Purposes of the International Labour Organisation (“Declaration of Philadelphia”)
• Articles I(4), II(4)(1) of the European Social Charter
• Articles 9, 10(c), 17(c) of the Declaration on Social Progress and Development
• Vancouver Declaration on Human Settlements
• Universal Declaration on Eradication on Hunger and Malnutrition
• Istanbul Declaration on Human Settlements
• right to adequate housing dossier
• right to adequate food dossier
• right to water dossier
• right to life dossier

Potential Right to an Adequate Standard of Living Violations

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

• right to adequate food violations
• right to adequate housing violations
• right to water violations
• right to life violations

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:

• Right to Adequate Housing Special Rapporteur Reports and Statements
• Right to Adequate Food Special Rapporteur Reports and Statements
• Reports and Statements from the Independent Expert on Structural Adjustment Policies and Foreign Debt
• Right to Water Special Rapporteur Reports
• Olga Tellis v. Bombay Municipal Corporation

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:

• Shantistar Builders v. Narayan Khimali Tatome and Others Case Summary
• Amilcar Menéndez, Juan Manuel Caride y otros Case Summary
• Water Privateers Forced Out of Bolivia
• Living Wage Movement in USA
• Guatemalan Union Leaders Face Stiff Reprisals for Opposing Unsafe Working Conditions
• Hoffman v. South African Airways Case Summary
• African Commission on Human and Peoples’ Rights Decision on Communication 155/96 The Social and Economic Rights Action Center and the Center for Economic and Social Rights / Nigeria Case Summary

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

• U.N. Committee on Economic, Social and Cultural Rights General Comment Number 4 on the Right to Adequate Housing
• U.N. Committee on Economic, Social and Cultural Rights General Comment Number 12 on the Right to Food
• U.N. Committee on Economic, Social and Cultural Rights General Comment Number 15: The Right to Water
• U.N. Human Rights Committee General Comment Number 6
• U.N. Committee on Economic, Social and Cultural Rights Statement on Poverty
• U.N. Committee on Economic, Social and Cultural Rights Statement to the 3rd Ministerial Conference of the World Trade Organization