Economic, social and cultural rights

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Rights

Theoretical distinctions

Natural and legal rights Claim rights and liberty rights Negative and positive rights Individual and Group rights

Human rights divisions

Three generations Civil and political Economic, social and cultural

Right holders

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Other groups of rights

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Economic, social and cultural rights are socio-economic human rights; compare with civil and political rights. Economic, social and cultural rights are included in the Universal Declaration of Human Rights and elaborated upon in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Examples of such rights include the right to food, the right to housing and the right to health.

The theory of three generations of human rights considers this group of rights to be "second-generation rights", and the theory of negative and positive rights considers them to be positive rights.

Contents 1 Justicability 2 List of Economic, Social and Cultural Rights 3 By region 3.1 Africa 4 References

[edit] Justicability

Some societies are unwilling to enshrine purported economic, social and cultural rights as legal rights, seeing them only as needs that society or government might provide if resources are available, but which are not justiciable unless they are established by some contract.

Conversely, social, economic and cultural rights are fully justiciable as defined by many constitutions and human rights mechanisms around the world. For example, the 1996 South African Constitution has included social, economic and cultural rights, and the South African Constitutional Court has subsequently heard claims under these obligations (see Grootboom and Treatment Action Campaign cases). Other jurisdictions, such as India, which does not explicitly recognize economic and social rights in their constitution, has nonetheless found that these rights exist, though unenumerated, inferable from the right to life. Finally, the Optional Protocol to the International Convention on Economic, Social and Cultural Rights, newly adopted by the UN General Assembly in December 2008, now offers a legal mechanism to claim legal redress for violations of economic, social and cultural rights inflicted by a state which has ratified the ICESCR.

[edit] List of Economic, Social and Cultural Rights

• right to an adequate standard of living
• right to education
• right to family life
• right to food
• right to health
• right to housing
• right to participation in cultural life
• right to social security
• right to water

[edit] By region

[edit] Africa

Among regional human rights instruments the African Charter on Human and Peoples' Rights is considered to place the most emphasis on economic, social and cultural rights. The South African Bill of Rights, contained in its post-Apartheid constitution, is also notable for its emphasis on economic, social and cultural rights.

[edit] References

v • d • e Human rights   Fundamental concepts and philosophies Natural and legal rights · Claim rights and liberty rights · Negative and positive rights · Individual rights and Group rights Natural law · Positive law · State sovereignty · Universal jurisdiction List of Organisations · National institutions International human rights legal instruments · International human rights law · International humanitarian law Civil and political rights · Economic, social and cultural rights · Reproductive rights Human rights by continent Africa · Asia · Europe · North America · Oceania · South America

v • d • e Particular human rights Civil and political Freedom from discrimination · Right to life · Right to die · Security of person · Liberty · Freedom of movement · Freedom from slavery · Personhood · Right to bear arms · Equality before the law · Adequate remedy · Freedom from arbitrary arrest and detention · Freedom from torture · Freedom from cruel and unusual punishment · Right to a fair trial · Presumption of innocence · Right of asylum · Nationality · Freedom from exile · Privacy · Freedom of thought and conscience · Freedom of religion · Freedom of expression (freedom of information) · Freedom of assembly · Freedom of association · Right to protest · Universal suffrage · Marriage · Family life Economic, social and cultural Labor rights · Fair remuneration · Equal pay for equal work · Trade union membership · Right to social security · Leisure and rest · Right to work · Right to property (and intellectual) · Right to culture · Right to public participation · Right to education · Right to adequate standard of living · Right to housing · Right to development · Right to health · Right to healthcare · Right to water · Right to food · Right of return Reproductive Family planning · Reproductive health · Abortion · Freedom from involuntary female genital cutting War and conflict Civilian · Combatant · Freedom from genocide · Prisoner of war Note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights.