Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.
The Universal Declaration on Human Rights recognises a number of economic, social and cultural rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women recognises and protects many of the economic, social and cultural rights recognised in the ICESCR in relation to children and women. The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Rights of Persons with Disabilities also prohibits all discrimination on the basis of the disability including refusal of the reasonable accommodation relating to full enjoyment of economic, social and cultural rights.
International and regional human rights instruments
Economic, social and cultural rights are recognized and protected in a number of international and regional human rights instruments.
International human rights instruments The Universal Declaration on Human Rights (UDHR), adopted by the UN General Assembly in 1948, is one of the most important sources of economic, social and cultural rights. It recognizes the right to social security in Article 22, the right to work in Article 23, the right to rest and leisure in Article 24, the right to an adequate standard of living in Article 25, the right to education in Article 26, and the right to benefits of science and culture in Article 27.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Covenant recognized and protects the right to work and to just and favorable working conditions in Article 6 and 7, the right to join trade unions and take collective labor action in Article 8, the right to social security in Article 9, the right to protection of the family, including protection for mothers and children, in Article 10, the right to an adequate standard of living, including the right to food and the right to housing, in Article 11, the right to health in Article 12, the right to education in Article 13, as well as the right to participate in cultural life and the right to benefits of science and culture in Article 15. The International Covenant on Civil and Political Rights, adopted at the same time as the ICESCR, recognizes and protects a number of core economic, social and cultural rights, including the right to join trade unions in Article 22, and the right of ethnic, religious or linguistic minorities to engage in their culture, practice their religion and use their language in Article 27.
A number of other major international human rights instruments contain provisions relating to economic, social and cultural rights. The Convention on the Rights of the Child recognizes and protects many of the economic, social and cultural rights recognized in the ICESCR in relation to children. Including the right to health in Article 24, the right to social security in Article 25, the right to an adequate standard of living in Article 27, the right to education in Article 28, and the right to protection from economic exploitation (see child labour) in Article 32. The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Elimination of All Forms of Discrimination Against Women affirms a range of economic, social and cultural rights to women. The ILO Conventions of the International Labour Organization (ILO) protect a range of work related economic, social and cultural rights. Common global standards were agreed by some 195 states in the Recommendation on Science and Scientific protect and reassert scientific freedoms, the rights of scientists, and rights of research subjects, and the right of everyone to science.
Regional human rights instruments The African Charter on Human and Peoples' Rights protects the right to work in Article 15, the right to health in Article 16, and the right to education in Article 17. The European Social Charter protects a wide range of economic, social and cultural rights, including the right to work, to favourable working conditions, the right to join trade unions and to take collective labour action in Article 1 to 10, the right to health in Article 11, the right to social security, including the right to medical assistance and the right to social welfare services, in Article 12 to 14, protection of especially vulnerable groups are enshrined in Article 15 to 17 and 19, and right to housing in Article 31. The Protocol of San Salvador protects a range of economic, social and cultural rights within the Inter-American human rights system.
Secondary legal sources A range of secondary legal sources exist on economic, social and cultural rights which provide guidance on their normative definition. An important secondary legal source is the United Nations Committee on Economic, Social and Cultural Rights which is overseeing the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Committee has been central in developing the normative definition of key economic, social and cultural rights, interpreting the role of State Parties to the ICESCR, and monitoring protection and violation of the ICESCR rights. The Committee issues guiding pronouncements in the form of general comments, and other human rights treaty bodies may also issue comments relevant to economic, social and cultural rights.
Other important secondary legal sources on economic, social and cultural rights are the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights 1987 and the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights 1997. The Limburg Principles have been extensively used in national legal systems as an interpretive tool for establishing violations of economic, social and cultural rights. The Maastricht Guidelines build on the Limburg Principles and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. Various United Nations Special Rapporteurs have influenced the normative development of economic, social and cultural rights. Appointed by the Commission on Human Rights and its sub-commissions, key rapporteurs include the Special Rapporteur on the Realization of Economic, Social and Cultural Rights, the Special Rapporteur on the Right to Adequate Housing, the Special Rapporteur on the Right to Education, and the Special Rapporteur on Violence Against Women.
National constitutions A number of national constitutions recognize economic, social and cultural rights. For example, the 1996 Constitution of South Africa includes economic, social and cultural rights and the South African Constitutional Court has heard claims under these obligations (see Grootboom and Treatment Action Campaign cases). The Supreme Court of India has interpreted Article 21 of the Constitution to contain positive social rights.
Constitutional recognition of economic, social and cultural rights has long been thought to be counterproductive, given that courts might be tasked to adjudicate them, and hence disrupt the democratic chains of accountability of the so-called elected branches. Nonetheless, a growing literature from the Global South has tracked very different judicial responses.
Sympathetic critics argue that socio-economic rights appear 'quite negligible' factors in terms of ensuring overall human development.Hirschl, Ran and Evan Rosevear, 'Constitutional Law Meets Comparative Politics: Socio-economic Rights and Political Realities' in Tom Campbell, K. D. Ewing, and Adam Tomkins (eds.), 2011, The Legal Protection of Human Rights: Sceptical Essays. Oxford: Oxford University Press, pp. 207–28, pp. 213, 223. Contemporary welfare states tend to emphasize decommodification, general welfare and the common good, not rights. Sweden, Finland, and Denmark, for example, adhere to a comparatively robust welfare effort, built primarily through social democratic parties and trade union mobilisation, without relying on judicial review of socio-economic rights. Nonetheless, majoritarian political arenas such as parliaments and trade union structures may remain unresponsive to minorities. The gains won through litigation, modest though they may be, can nonetheless be of value for those who benefit from them.Whyte, 2014, 'The Efficacy of Public Interest Litigation in Ireland' in Maluwa, Tiyanjana (ed.), Law, Politics and Human Rights: Essays in Memory of Kader Asmal. Leiden: Brill, pp. 252–86.
Civil society movements have advanced alternative institutions, norms and practices for constitution-making and making socio-economic rights effective. Participants in recent constitution-making experiments in Iceland, Bolivia and Ecuador have all linked economic and social rights to new institutional arrangements such as participatory budgeting or technologically-enhanced direct democracy as well as to new norms and discourses, notably those concerning ecological stewardship and the commons as well as care and social reproduction. In Ireland, social movements such as the 'Right2Water' and 'Repeal the 8th' campaigns have demonstrated how highly networked individuals and communities can mobilise both alongside and outside of traditional institutions, act collectively, and advance economic, social and cultural rights.
State responsibility Economic, social and cultural right enshrined in international and regional human rights instruments are legally binding. Member states have a legal obligation to respect, protect and fulfil these rights. The exact nature of states' obligations in this respect has been established principally in relation to the International Covenant on Economic, Social and Cultural Rights (ICESCR), and further Optional Protocol to the International Covenant on Economic, Social and Cultural Rights has been established in accordance with Vienna Declaration and Programme of Action.Vienna Declaration and Programme of Action, Part II paragraph 75