A/HRC/32/31
II. Consequences of neglecting economic and social rights
10.
During the Cold War years, deep ideological divisions ensured that economic and
social rights were given very limited attention. It was not until 1987 that the Committee on
Economic, Social and Cultural Rights was established by the Economic and Social Council,
a development that certainly helped to trigger considerable progress. Partly as a result, 171
States proclaimed at the World Conference on Human Rights in 1993 that:
All human rights are universal, indivisible and interdependent and interrelated. The
international community must treat human rights globally in a fair and equal
manner, on the same footing, and with the same emphasis. 6
11.
In addition to highlighting the intrinsic linkages among all rights, the principal
significance of this bold assertion was to signal that economic, social and cultural rights are
as important as civil and political rights and must be accorded equal attention. And the past
quarter of a century has indeed seen a great number of important initiatives, especially in
sectoral areas such as the right to housing, the right to food, the right to health and the right
to water, and more consistent tribute being rendered to the principle of indivisibility. But
acceptance in law and in practice of the idea that economic and social rights are actually
human rights, with the set of clear legal consequences that this entails, rather than a set of
concerns synonymous with development or social progress, remains marginal. This
marginality manifests itself in the work of United Nations human rights bodies, in both the
theory and practice of the great majority of States, in the work of many of the most
prominent civil society groups focusing on human rights, in the interests and priorities of
scholars and commentators and, perhaps most counter-intuitively, even in the work of most
international agencies promoting poverty alleviation and social development. As a result,
the principal of indivisibility continues to be honoured more in the breach than in the
observance.
12.
Some will contest this assessment, while others will suggest that the difference in
attention and in the practical legal recognition accorded to the two sets of rights — civil and
political rights on one hand, and economic, social and cultural rights on the other — does
not really matter. In fact, it matters a great deal, and for a number of reasons. The most
basic is philosophical, in the sense that it is agreed that the two sets of rights are
indispensable elements in enabling individuals to live dignified and fulfilling lives. It is also
important for doctrinal reasons. The equal status of the rights recognized in the Universal
Declaration of Human Rights reflects a hard-fought ideological and political compromise,
not only between capitalist and communist approaches in the 1940s, but between
continuing differences in perception over what societies should value most and the terms of
the social contract between the State and its inhabitants. It is the glue that has held the
package together and the understanding that enables the reconciliation of otherwise starkly
competing visions. It reflects the need to achieve an equilibrium among goals that will
inevitably always be in tension with one another. Whether the equal importance of the two
sets of rights can also be demonstrated empirically is a matter over which economists and
others have long duelled, and instrumentalist arguments continue to be heavily relied upon
in making the case for goals such as gender equality. But, regardless of the conclusions that
might emerge from such research, the validity of the underlying principle cannot be held
hostage to the uncertainties of empirical analyses.
13.
The widespread persistence of extreme poverty, despite the progress made in recent
years, serves to highlight the central importance of the struggle to achieve economic and
6
Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights in
Vienna on 25 June 1993, para. 5.
7
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