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In
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Economic, social and cultural rights - ESCR
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Rising food prices: implications for the right to food
Source:
CRIN
This special edition by the Child Rights Information Network (CRIN) on food, presents a collection of information and documents on the rise in food prices worldwide and how it is affecting poor populations with a rights-based approach. April 2008.[see more]
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The Universal Declaration of Human Rights proclaims the indivisibility and interdependence of all human rights. It equally recognises civil, political, economic, social and cultural rights. Political circumstances related to the Cold War divided this whole into civil and political (CP) rights on the one hand and economic, social and cultural (ESC) rights on the other.
ESC rights have also been regarded as second-class rights. It has been shown, however, that without the adequate living conditions that these rights ensure CP rights cannot be fulfilled.
What do we mean by Economic, Social and Cultural rights? They include:
• Fair and safe working conditions for workers;
• The right to seek and choose work;
• The right to form, join and act together in trade unions;
• Social security, including government assistance during old age and in times of unemployment, and money or other help for people at other times when they need assistance in order to live their lives with dignity;
• Assistance and protection for families;
• Equal marriage rights for men and women;
• An adequate standard of living for everyone, involving adequate clothing, housing, and food;
• A high standard of health and health care for all;
• Satisfactory primary education for all and increased opportunities for further education;
• The right to participate in the cultural life of the community; and
• The right to benefit from scientific progress.
ESC rights have gained more attention both at global and local levels.
This situation was reflected in the sphere of the United Nations. The International Bill of Human Rights comprises three texts: the Universal Declaration of Human Rights (1948), the International Covenant on Economic, Social and Cultural Rights (ICESCR-1966), and the International Covenant on Civil and Political Rights (ICCPR-1966) and its two optional protocols.
The ICESCR is monitored by the Committee on Economic, Social and Cultural Rights. Unlike the ICCPR, there is no procedure under the ICESCR through which individuals or groups can submit complaints to the Committee.
The initiative of elaborating an optional protocol has been discussed in the Committee for many years. The World Conference on Human Rights, held in Vienna in 1993, encouraged this through its Declaration and Plan of Action. Currently, NGOs are still campaigning for a complaints procedure under the Covenant.
Versión
en español
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| COMMENTS |
Mon Aug 20 2007 |
I am greatly concerned that the present draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights fails to include a requirement for States to emphasize the human rights of the most disadvantaged. For instance, in my opinion, the draft OP should refer to the core obligations as defined by the United Nations Committee on Economic, Social and Cultural Rights (see General Comment No 3). The importance of the OP is obvious given that 2.8 billion people live on less than $2 per day. I am presently writing a book on human rights, including a chapter on the OP for ICESCR.
As the draft OP stands States have sufficient discretion to prioritize the economic, social and cultural rights of the elite and even the majority at the expense of the core obligations of the most disadvantaged. The small number of complaints received by the UN complaints procedure and even State Reports have not stopped this from happening in the past. This can be seen with such international instruments as the covenant on civil and political rights (including an OP), the conventions on anti-discrimination with respect to race (including a complaints procedure) and gender (including an OP). Since these UN instruments were introduced in New Zealand the voices of the poor have been rarely heard, the number of women on the DPB has doubled and Maori unemployment increased dramatically averaging about 16% (the recent decline in unemployment due largely to the creation of a low waged economy) even though the international instruments were meant to protect them. State sovereignty is, in my view, not a valid excuse for the UN, international NGOs and those involved in the OP not taking responsibility for the outcome of their actions even if it is unintended. The statistics mentioned possibly indicate a need to have social impact reports on how these UN instruments are being implemented by States especially with regard to the most disadvantaged. Having thoroughly read the reports of the open-ended working groups at the United Nation since 2004 I see no indication of state representatives being informed of such statistics and the failure of these instruments with respect to the most disadvantaged.
In effect, in my view, the UN instruments legitimize those States who decide to turn human rights on its head to serve largely elite interests e.g. far more emphasis has been placed on equal incomes for men and women on high salaries rather than the homelessness which is in the nature of a serious violation. Yet if any group should get affirmative action it is the most disadvantaged.
As the Universal Declaration on Human Rights points out the basis of government is democracy (not elites). Yet the people have been deliberately kept ignorant of economic, social and cultural rights since the declaration was signed in 1948 (see my article a People’s Freedom on the internet). As a consequence the human rights agenda is determined almost exclusively by elites and used by governments to justify ignoring the will of the people. Furthermore, I am very concerned that the UDHR is still divided into two covenants – it allows for individual freedoms to be limited (War on Terror) while increasing social responsibility or vice versa, where it suits. Certainly from my very long experience of mixing with the poor ( but I prefer the term most disadvantaged as it also applies to civil and political rights, and could include individuals from various sectors of society) they often barely have what could be described as core obligations with respects to individual freedoms. In addition is the well known violations of freedom from torture of the US. In my view, core obligations with respect to individual freedoms should be framed by the Human Rights Council in line with the principle of equal status of both sets of rights and avoid the politicization of human rights.
The spirit of the covenant, born in the Industrial Revolution of the 19th Century and the Great Depression, would be utterly destroyed if these human rights were only used to further elite interests.
Anthony Ravlich
Chairperson, Human Rights Council Inc,
Ph: (09) 302 2761
anthony_ravlich@yahoo.com |
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Anthony Ravlich
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Auckland City
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New Zealand
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News |
| Up-to-date current affairs information. |
Thu Jul 20 2006
An Optional Protocol to the International Covenant on ESC rights
Fri May 12 2006
International learning programme on budget analysis and ESC rights
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In-depth
reports |
| Detailed
reports on key issues |
GATS - trade in services
A 'development-friendly' agreement, but not necessarily for the poorest countries.
Global labour rights
As transnational corporations spread their operations around the world in search of a cheap and flexible labour force, the call for global labour rights becomes more urgent.
Civil and political rights
Now more than ever are strong actions needed to defend the rights of all human beings, as proclaimed in a long list of international treaties.
Disabilities at work
In spite of existing national, regional and international laws and instruments and of actions, disabled persons continue to be subjected to violations of their human rights.
Education on the market
The pros and cons of the slow but relentless process of integration of education into the market.
The gender gap in education
Countries aren't fulfilling their commitment to getting girls and women into school.
Sexual and reproductive rights
Women’s involvement in contributing to expand the scope of the concept of human rights.
The right to adequate housing
The right to housing is a basic human right, essential to the fulfilment of a decent life.
The water crisis
If access to water is a basic human right, should its provision be left in the hands of private corporations?
Health and health services, goods for sale
Is privatization the answer to health care problems that affect the poor?
Millennium Development Goals - MDGs
A comprehensive list of resources from the United Nations and civil society organizations.
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Campaigns |
| NGO-organised
actions |
Sign in support for an effective Optional Protocol
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NGOs |
| NGO web sites |
Latin American and Caribbean Committee for the Defense of Women's Rights (CLADEM)
The site contains legislation related to women's rights in Latin America and information about monitoring international treaties.
Social Watch
International network of citizens’ organizations struggling to eradicate poverty and the causes of poverty, to ensure an equitable distribution of wealth and the realization of human rights.
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International instruments |
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Towards an optional protocol |
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Justiciability |
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On ESC rights in general |
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ESC rights in selected countries and regions |
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ESC rights and trade |
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ESC rights and MDGs |
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ESC rights and gender |
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Poverty |
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The right to food |
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The right to health |
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Cases |
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