A/HRC/32/31
debating such rights than they once did. But there remains a fundamental paradox because,
at the same time:
(a)
Many of the States whose Constitutions recognize economic and social rights
have not translated that recognition into a human rights-based legislative framework;
(b)
The increasingly widespread constitutional acceptance of the justiciability of
economic and social rights stands in direct contrast to the resistance of many of the relevant
courts to acting on these rights;
(c)
Many of the States that enjoy the world’s highest living standards have
specifically rejected proposals to recognize economic and social rights in legislative or
constitutional form;
(d)
With few exceptions, the principal national-level institutional mechanisms
for promoting human rights devote almost no attention to economic and social rights;
(e)
National economic and social rights accountability mechanisms are generally
much rarer than mainstream accounts would suggest.
5.
The paradox is deepened by the fact that, at the international level in particular, both
intergovernmental bodies and civil society actors continue to generate detailed and lengthy
interpretations of economic and social rights provisions (especially through general
comments and general recommendations), as well as principles, guidelines,
recommendations, handbooks, guiding principles, manuals and blueprints designed to help
Governments and other actors to better understand the nature and scope of States’ economic
and social rights obligations. While this impressive and enlightening output has greatly
strengthened the ability of civil society actors to advocate more effectively for economic
and social rights, the question is whether, in national contexts in which economic and social
rights do not enjoy legislative recognition, where national institutions do not effectively
monitor and promote such rights and where meaningful accountability and participation
mechanisms have not been established, conditions are such that a meaningful governmental
response is likely to be triggered. The anticipated response to this critique is that the main,
or at least initial, targets of the new activism are civil society actors and that they can be
aided, empowered and even mobilized despite governmental inaction. But this response
would be disingenuous if it implies that civil society actors alone can bring about the deep
societal change that is required if economic and social rights are to be taken seriously as
human rights.5
6.
At the end of the day, the most telling evidence of the extent to which economic and
social rights remain unacknowledged as human rights is the frequency with which debates
about them slide imperceptibly and almost naturally into broad discussions of development.
States challenged to explain how they respect economic and social rights will describe
general development or social welfare initiatives as though they are necessarily
synonymous with such rights. And development cooperation budgets often assume that, as
long as an equality or poverty alleviation dimension is included, a project can be considered
as promoting economic and social rights. But, in fact, development initiatives might not be
rights-promoting or even rights-protecting, and even when they are both, they may well end
up promoting the special interests of a targeted group rather than economic and social rights
as human rights.
7.
The risk of eliding two potentially very different approaches also arises when the
2030 Agenda for Sustainable Development and its Sustainable Development Goals is
automatically equated with the promotion of respect for economic and social rights. While
5
Marc Verdussen, ed., Les droits culturels et sociaux des plus défavorisés (Bruxelles, Bruylant, 2009).
5
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