UNIT 31 Economic, Social and Cultural Rights
Dec 15, 2015
UNIT 31
Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights (ICESCR)
(1966)
work, under "just and favourable conditions",[ with the right to form and join trade unions (Articles 6, 7, and 8);
social security, including social insurance (Article 9); family life, including paid parental leave and the protection of
children (Article 10); an adequate standard of living, including adequate food, clothing and
housing, and the "continuous improvement of living conditions" (Article 11);
health, specifically "the highest attainable standard of physical and mental health" (Article 12);
education, including free universal primary education, generally available secondary education and equally accessible higher education. This should be directed to "the full development of the human personality and the sense of its dignity", and enable all persons to participate effectively in society (Articles 13 and 14);
participation in cultural life (Article 15).
ICESCR members
Human rights
1st generation: civil and political rights; 2nd generation:economic, social and cultural rights; 3rd generation:collective rights
Economic rights
The right to work, the right to the free choice of employment
and to just and favourable conditions of work; the right to form and join trade unions: the
right to strike; the right to social security; the right to own property
Social rights:Community Charter of Fundamental Social Rights of Workers (1989)
freedom of movement; employment and remuneration; improvement of living and working conditions; social
protection; freedom of association and collective bargaining;
vocational training; equal treatment for men and women; information, consultation and participation of
workers; health protection and safety at the workplace;
protection of children and adolescents, elderly persons; and disabled persons
Cultural rights
related to art and culture, both understood in a large sense.
The objective : to guarantee that people and communities have an access to culture and can participate in the culture of their election.
human rights that aim at assuring the enjoyment of culture and its components in conditions of equality, human dignity and non-discrimination
Cultural rights
language; cultural and artistic production; participation in cultural life; cultural heritage; intellectual property rights; author’s rights; minorities and access to culture,
Points for discussion: economic rights
Explore the existing situation of economic rights: the right of ownership and market competition.
Can foreigners acquire property and under what conditions?
Do molopolies exist? What is the extent of foreign investment?
Points for discussion: social rights
Unemployment, working conditions, social security, trade unions. How does government cope with
unemployment?
Points for discussion: cultural rights
Situation in education, science, healthy environment.
Is there a need for improvement? In what direction?
Economic rights
Entrepreneurial freedom and the market-based regulation of economic relations – backbone of successful economies
Role of the state
The state must ensure that certain rules are upheld in market competition
All enterpreneurs should enjoy equal legal position on the market
The state should prevent abuse of monopolies
Monopoly
Results in the elimination of market relations and leads to the preclusion of market competition
May exist in certain industries (railways, electricity, water management)
State instruments in economic policy
Market – imperfect mechanism of social regulation
Modern states use different instruments to intervene in market relations: taxes, customs, subsidies, state investments
In circumstances of crisis – such role of state particularly emphasized
Market freedom
Market and other economic activities should be conducted in full freedom and under equal conditions
The focus of responsibility – individual citizens, while the state retains its role of ensuring respect for the rules of free market competition, using its economic policy measures only for limited interventions
Workers’ rights
State interventions imply the obligation to create and expand the possibilities and conditions for citizens to exercise their right to work
Workers – entitled to fair remuneration which may be claimed either individually or through trade unions and other organizations
Social rights
The right of employees and their families to social security, formation of trade unions and the protection of families, children and persons with disabilities – among the most important social rights
Cultural rights
Right to education, scientific, cultural and artistic creativity, sports
Environmental rights
Right to a healthy life with an emphasis on the protection of public health, nature and a healthy environment
Legal terms
EnterpreneurOne who organizes, owns, manages and
assumes the risks of a business; one that organizes, promotes, or manages an enterprise or activity of any kind; poduzetnik
EnterpreneurialOf or relating to an entrepreneur
Legal terms
Market competitionStriving for a greater share of the market;
tržišno natjecanjeMonopolyOwnership or control that permits
domination of the market in a business; a commercial monopoly is where the supply of a certain commodity is controlled by one manufacturer, trader, or group
Legal terms
SubsidyA grant of money made by governmentRemunerationSalary or compensation; naknada, plaća,
honorar
Define the following
Enterpreneurial freedomRegulatory powersMonopolistic situationMarket relationsSocial insurance
Write sentences by using the following verbs
EnsureInterveneConductRetainExerciseclaim
Legal discourse markers
Hereby= ovako, ovim, timHerein = u istom, u ovom (dokumentu, tekstu) u
tome, ovdjeHereunto = do sada, do ovog vremena; k tomeThereof= iste, istoga, toga, o tomeTherefrom = od toga otudaTherein = u tome, na tom mjestuWherein = u čemu, gdje, u kojem, u kom pogleduWhereof = navedeno, toga, navedenog; od kojeg,
iz čega
Insert: herein, hereby, hereunto, thereof (3x), therefrom, therein, wherein, whereof
All legislative powers_____granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Assessments are those special and local impositions upon property which are necessary to pay for the improvements and are laid with reference to special benefit which the property is supposed to have derived____
Insert: herein, hereby, hereunto, thereof (3x), therefrom, therein, wherein, whereof
Taxes, as the term is generally used, are public burdens imposed generally upon the inhabitants of the whole State, or upon some civil division ____
The eighteenth article of Amendment to the Constitution is ______repealed.
No Senator or Representative shall, during the time for which he or she was elected, be appointed to any civil office under the Authority of the US which shall have been created, or the Emoluments___shall have been increased during such time.
herein, hereby, hereunto, thereof (3x), therefrom, therein, wherein, whereof
No person held to service or labour in one state, under the laws ___escaping into another, shall, in consequence of any law or regulation___be discharged from such service or labour may be due.
In witness_____we have____subscribed our names
and the Congress may by law provide for the case ____neither President-elect, nor a Vice-President shall have qualified (…)
Key
All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives
Assessments are those special and local impositions upon property which are necessary to pay for the improvements and are laid with reference to special benefit which the property is supposed to have derived therefrom.
Key
Taxes, as the term is generally used, are public burdens imposed generally upon the inhabitants of the whole State, or upon some civil division thereof
The eighteenth article of Amendment to the Constitution is hereby repealed.
No Senator or Representative shall, during the time for which he or she was elected, be appointed to any civil office under the Authority of the US which shall have been created, or the Emoluments whereof shall have been increased during such time.
Key
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
In witness whereof we have hereunto subscribed our names
Key
and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified (…)