Encore Course - Global Revolution in International Human Rights
Economic, Social, and Cultural Rights
February 14, 2011
I. Historical Context
Roosevelt’s Four Freedoms (1941)
The Cold War (Contrasting Western and Soviet conceptions of human rights)
The Decline of Colonialism
The North-South Dialogue and proposals for a New International Economic Order
- The Nonaligned Movement and the Group of 77
- Charter on the Economic Rights and Duties of States (1974)
- “Global Negotiations” and the “Lost Decade of Development"--the 1980s
The Rise of Economic Globalization (1990s and beyond)
UN Millennium Development Goals (2000)
UN Summit on Millennium Goals (2010)
II. The International Covenant on Economic, Social, and Cultural Rights (1966) (text)
Ratifications - currently 160 (US signed in 1977, but has not ratified)
Self-Determination and Sovereignty Clauses (Article 1)
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.
Non-Discrimination Clause (Article 2.2)
the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Principal Rights
Right to work and freedom to work (Article 6)
Right to just and favorable conditions of work (Article 7)
Rights pertaining to trade unions----including right to strike (Article 8)
Right to social security, including social insurance (Article 9)
Family rights (Article 10)
Right to an adequate standard of living, including food, water, clothing and adequate housing (Article 11)
Right to highest attainable standard of physical and mental health, including reproductive rights and not to be subject to female genital mutilation (Article 12)
Right to free education (Article 13)
Right to take part in cultural life, benefit from scientific progress, and to benefit from intellectual property (Article 15)
-Are economic and social rights really rights, or are they simply?
goals?
-Do economic and social rights have equal standing with civil and political rights?
-Are there relationships between the two major types of rights?
-What is expected of governments?
To enable people to enjoy these conditions of life?
To actually provide them to people?
Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. (Article 2.1)
- Do wealthy countries have a responsibility to assist poorer countries in the attainment of these rights?
IV. United Nations Millennium Development Goals (Text of Millennium Decaration)
"we have a collective responsibility to uphold the principles of human dignity, equality and equity at the global level. As leaders we have a duty therefore to all the world’s people, especially the most vulnerable and, in particular, the children of the world, to whom the future belongs."
Goal 1: Eradicate extreme poverty and hunger
Goal 2: Achieve universal primary education
Goal 3: Promote gender equality and empower women
Goal 4: Reduce child mortality rate
Goal 5: Improve maternal health
Goal 6: Combat HIV/AIDS, malaria, and other diseases
Goal 7: Ensure environmental sustainability
Goal 8; Develop a global partnerhip or development