Perspectives on Economic,
Cultural & Social Rights
with
Justice Richard J. Goldstone (Retired)
Constitutional Court of South Africa
Monday, October 24, 2005
12 pm - 2pm
Flyer | Podcast
On October 24, 2005, the Center, in conjunction with Dean Claudio Grossman, hosted a discussion with Justice Richard J. Goldstone on the implications of recognizing Economic, Social and Cultural Rights as legal rights. Professor Herman Schwartz and Professor Richard Wilson of American University Washington College of Law joined the discussion.
Richard Goldstone served on the Constitutional Court of South Africa from July 1994 to October 2003. He has been the recipient of numerous awards and has served on several commissions including the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda.
Background Information
Perspectives on Economic, Cultural and Social Rights
The UN’s Universal Declaration of Human Rights (UDHR) identifies many different types of human rights, which can be separated into several categories of rights, such as civil, cultural, economic, political, and social rights. These rights were addressed in two related documents, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), both adopted in 1966 and entered into force in 1976. The rights laid out in the ICCPR are based on principles of self-determination, liberty, and equality, and encompass an individual’s right to be free from oppression by the state. Civil and Political Rights (CPRs) include freedom of thought and expression; the right to life and physical integrity; the right to participate in one’s own government; the right to own property; and the right to legal due process, among others. Economic, Social, and Cultural Rights (ESCRs) go beyond CPRs to include things such as the right to work and participate in trade unions; the right to social security, housing, and an adequate standard of living; the right to cultural expression; and the right to health care. Although these two groups of human rights are interrelated, traditional boundaries exist between them.
These boundaries emerged during the Cold War era, when the communist bloc stressed ESCRs and their emphasis on individual rights that benefit society, while many Western states emphasized CPRs, which are seen as important for strong democracies. Since the end of the Cold War, however, international efforts have taken a more integral approach to ensuring both sets of rights, recognizing that they complement each other. Discrepancies remain, however, between this ideal and actual state practice, as some states still view ESCRs more as “benefits” than as actual “rights” and therefore somehow less important than CPRs. This has led to CPRs sometimes being referred as “first generation” rights and ESCRs being label “second generation” rights, since some believe they can only evolve once CPRs have been established.
For more information on Civil and Political Rights and Economic, Social, and Cultural Rights, see the following links:
http://www.unhchr.ch/udhr/index.htm
Official homepage of the Universal Declaration of Human Rights.
http://www.ohchr.org/english/law/ccpr.htm
Text of the International Covenant on Civil and Political Rights.
http://www.unhchr.ch/html/menu3/b/a_cescr.htm
Text of the International Covenant on Economic, Social, and Cultural Rights.
http://www.ohchr.org/english/bodies/hrc/index.htm
Website of the UN High Commissioner for Human Rights, which provides information on the Human Rights Committee, the official body established to monitor the implementation of the ICCPR.
http://www.cesr.org
The Center for Economic and Social Rights aims to promote social justice through human rights, with a particular focus on universal rights to housing, education, health and a healthy environment, food, work, and an adequate standard of living.
http://shr.aaas.org/thesaurus
Online version of the Thesaurus of Economic, Social, and Cultural Rights. The goal of the Thesaurus is to provide background information on issues related to ESC rights and their potential violations.
http://www.escr-net.org/EngGeneral/home.asp
The International Network for Economic, Social and Cultural Rights is a broad umbrella coalition of organizations advocating ESC rights. Its website provides links to many individual organizations worldwide, as well as examples of case law involving ESC rights and various activities and events being planned by the member organizations.
