Economic, social and cultural rights

What are ESC-Rights?

Economic, social and cultural (ESC) rights are part of the indivisible human rights that every person holds. ESC rights include the right to health, education, food and housing, to name just a few. The other part of the indivisible human rights framework consists of civil and political rights, which include rights such as the right to vote and the right to a fair trial. These rights are deeply interconnected. For example, the right to freedom of expression means little if you do not have a basic education, and the right to vote means little if you are homeless. Similarly, the right to work means little if you are not allowed to meet and assemble in groups to discuss working conditions.

States are obliged to ensure a minimum level of human rights, regardless of resource constraints. For economic, social and cultural rights, the minimum core includes access to food for the population, basic primary healthcare, basic social protection and housing, as well as the most fundamental forms of education.

States fulfil the minimum core requirements of human rights through three obligations:

Respect – the obligation to respect requires governments to refrain from directly or indirectly interfering with people’s enjoyment of economic, social and cultural rights.

Protect – the obligation to protect requires governments to prevent third parties, such as companies, from interfering with the enjoyment of economic, social and cultural rights.

Fulfil – the obligation to fulfil requires governments to take the necessary measures to achieve the full realisation of economic, social and cultural rights.

Economic, social and cultural rights were first articulated in the Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948. The International Covenant on Economic, Social and Cultural Rights was adopted in 1966 and entered into force in 1976, at the same time as the International Covenant on Civil and Political Rights. The ICESCR enshrined these rights in a legally binding instrument, and there is a committee that monitors states’ compliance with the Covenant. The Convention on the Rights of Persons with Disabilities is the first UN convention to include both categories of rights.

The Convention establishes certain mechanisms to ensure that states respect the rights. One such mechanism is the requirement for states to report every five years to the Committee on Economic, Social and Cultural Rights on the situation of ESC rights in the country. The Committee also welcomes alternative reports from civil society, which present rights-holders’ perspectives on how the state is complying with the Convention. Based on the reports it receives, the Committee formulates recommendations to the state on shortcomings that are expected to be addressed by the next reporting cycle.

The Committee also issues General Comments to clarify the content of the various rights, providing guidance to states on how to implement the Convention.

There are also Special Rapporteurs for various themes and areas of rights who examine whether states are living up to their obligations. These include, among others, Special Rapporteurs on the rights to culture, health, education and housing.

In May 2013, an Optional Protocol to the Convention entered into force. The Protocol gives the Committee the authority to receive and examine communications from individuals who claim that their rights have been violated. Sweden has not ratified the Optional Protocol, and individuals in Sweden who are subjected to violations by the state are therefore unable to submit individual complaints to the Committee.

Why does the Swedish Foundation for Human Rights work with economic, social and cultural rights?

Economic, social and cultural rights and their importance for people are relatively unknown, and they are often not viewed as human rights. There is also a reluctance to work towards improving access to these rights, as decision-makers consider them to be too costly and difficult to measure.

Economic, social and cultural rights are often treated as a matter of political resource allocation rather than as legally enforceable rights. This is one reason why the Swedish Foundation for Human Rights places particular emphasis on strengthening knowledge about the justiciability of ESC rights, raising awareness of their content, and contributing to their progressive realisation in full. ESC rights are also an effective tool for working with the global Sustainable Development Goals set out in Agenda 2030.

Economic, social and cultural rights are generally progressive, meaning that a state must continuously work to improve them and ensure access to these rights for everyone, based on available resources. The principle of non-discrimination and certain core obligations apply immediately, even with regard to progressive ESC rights. Sweden has largely already fulfilled its obligations concerning civil and political rights, and it is therefore now important to focus on economic, social and cultural rights, which are equally important.