Social Rights

Social rights have traditionally been referred to as part of the second generation of human rights, together with economic and cultural rights. The historical and traditional classification of human rights is as follows: Social rights are primarily aimed at ensuring individuals a specified standard of living, without discrimination. Social rights include the right to social security; the right of families, of mothers before and after childbirth, and of children to special assistance and protection; the right to an adequate standard of living, including the right to adequate food, clothing and housing; and the right to health.

Contrary to civil and political rights, which are immediately applicable and essentially based on the prohibition of States to do something, such as resort to torture, take actions that curtail freedom of speech, freedom of religion, or the right to vote, social rights tend to be considered as requiring States to take active and specific measures, such as legislation, policies or programmes, in order for those rights to be realised. Social rights are regarded as progressive: “full economic, social, and cultural rights can be achieved only gradually. Resources and time may be required” [1], though it is also clearly stated that full rights should be reached over time, and that States have the legal obligation to take immediate and continued action to do so. In addition, any action, whether legal or political taken to diminish existing protections and levels of realisation of these rights should be prohibited.

Human rights are indivisible, interdependent and interrelated, and thus the fulfillment and protection of one right affects that of others. This is true when all human rights are considered, as well as for specific categories of rights.

For instance, social rights are closely linked to economic and cultural rights in so far as the promotion of a minimum standard of living is strongly related to the right to work, the protection of property, and the right to education. Just as the distinction between civil and political rights is sometimes blurred, the difference between economic, social, and cultural rights is not always obvious. For instance, different experts regard the right to education as a social, economic or cultural right.

In international human rights law, social rights are protected by the International Covenant on Economic, Social and Cultural Rights (CESCR). The CESCR, drafted in 1966, entered into force in 1976 and is monitored by the Committee on Economic, Social and Cultural Rights, which is composed of independent experts appointed by the United Nations.

The Committee on Economic, Social and Cultural Rights is responsible for monitoring the implementation of the Covenant by its States Parties, which are required to submit regular reports on how they are implementing these rights. Such information is provided through self-reporting and thus might be limited. The reports provided are examined by the Committee, which then issues “concluding observations” in which it addresses its concerns and recommendations. To date, the Committee is not enabled to consider individual complaints against State Parties, though a draft Optional Protocol, under consideration, could provide the Committee with the jurisdiction to do so [2].

1. McChesney, A., Promoting and Defending Economic, Social and Cultural rights, AAAS/HURIDOCS, Washington DC, 2000, p. 18.

2. For further information, please refer to the website of the OHCHR, www.ohchr.org/english/bodies/cescr/index.htm.