A/HRC/32/31
it is very much to be hoped that the 2030 Agenda will indeed lead to greater respect for
economic and social rights as human rights, this is by no means guaranteed by the terms of
the Agenda as adopted and much remains to be done if that aspiration is to be meaningfully
promoted.
B.
Treating economic and social rights as human rights
8.
This report emphasizes the importance of treating economic and social rights as
human rights, rather than as desirable goals, development challenges, social justice
concerns or any of the other formulations that are invariably preferred. The pre-eminent
question is whether it really matters that we treat economic and social rights as human
rights. One answer is that the use of rights terminology is avoided so assiduously by
governments and others precisely because it does matter very much and makes a big
difference. How so? First, the use of the human rights framework ensures that in the midst
of programmes designed to ensure collective well-being, the rights of the individual and not
just the overall goals of the programme and the interests of the collectivity are taken into
account. Second, in contrast to generic social justice language which has no defined content
or agreed meaning, human rights discourse directs policymakers and others back to the
internationally agreed formulations of economic and social rights and the jurisprudence that
has painstakingly evolved. Third, treating economic and social rights as human rights rather
than long-term goals introduces an element of immediate salience which might otherwise
not be present. Fourth, and perhaps most importantly, the language of rights recognizes and
insists on the dignity and agency of all individuals (regardless of race, gender, social status,
age, disability or any other distinguishing factor) and it is intentionally empowering.
Whether in the home, village, school or workplace, or in the political marketplace of ideas,
it makes a difference if one is calling for the realization of collectively agreed and
internationally recognized and defined rights to housing or education, rather than merely
making a general request or demand. Moreover, as noted earlier, the legal conception of
human rights presupposes and demands accountability, whereas characterizing economic
and social rights in terms of desirable goals or development challenges leaves them hostage
to a great many other considerations.
C.
Structure of the report
9.
In the present report, the Special Rapporteur identifies the problematic consequences
that flow from the second-tier status of economic and social rights within both the domestic
and international human rights systems. He then reflects on the ways in which economic
and social rights can be treated as though they really are human rights and what that would
mean. He does this primarily through the lens of the recognition, institutionalization and
accountability (RIA) framework. These are the three essential components of any
potentially effective strategy for promoting economic and social rights as human rights, and
policies and programmes that neglect these dimensions are unlikely to be effective.
Consideration is given to the extent to which the framework is reflected in some of the
monitoring activities undertaken by the Human Rights Council, the Committee on
Economic, Social and Cultural Rights and international non-governmental organizations
(NGOs). The Special Rapporteur concludes the report by noting that the RIA framework is
not a magic bullet, nor should it be seen as a substitute for other initiatives in the field, and
highlighting the need to acknowledge and tackle the deeper reasons for the continuing
marginalization of economic and social rights.
6
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