Writers: Sofia Guerrero and Lucy Coronel
As humans rights have developed throughout history, a controversy and argument has shown up in between civil and political rights versus economic, social and cultural rights. The main differences between this set of rights began during the cold war when each side claimed a set of rights built on their political ideologies. As the west argued on the prevalence of civil and political rights, the soviets claimed the importance of guarantying the economic and social rights. In consequence, there is a perception that some of these rights are considered to be more important than others. First of all, according to the Universal Declaration Human Rights (UDHR) all rights are equally applied to every human being and derive from the fact and standard that every individual owns these rights to have a life of dignity and respect. However, several authorities and States ( United States, Cuba, South Africa, Somalia- haven’t ratified the International Covenant on Economic, Social and Cultural Rights) consider that economic, social and cultural rights should not be considered as “human rights,” meanwhile other states give more importance to civil and political rights. (UDHR, Available at http://www.un.org/en/documents/udhr/ index.shtml)
These differences in the perception of the importance of economic, social and cultural rights versus civil and political rights have led to discussions. Some argue that these differences are based in the fact that civil and political rights do not require much resource in order to be enforced. Whereas economics, social and cultural rights do require resources and investment from States in order for them to be achieved. (“International Covenant on Economic, Social and Cultural Rights.” Office of the United Nation High Commissioner for Human Rights).
The United Nations Population Fund (UNFPA) clearly states that there is a full recognition and equal importance of every right. This means that every right is inalienable and fundamental for the life of an individual. [1]
An example of this controversy is that the United Stated only accepted and compromised to civil and political rights and did not recognize economic, social and cultural rights back in the 50s and 60s when human rights just started to be considered universal standards.
Contradictions are evident when one starts to analyze the practice of different rights; for example the right to work. Although critics don’t recognize some economic, social and cultural rights as important human rights, there is agreement on defending the right to work (Art. 23 UDHR) and the right to property (Art. 17 UDHR) which belong to the economic rights. Also, the right to food is considered as an economic right, nevertheless it’s also a fundamental right for the protection of an individual’s life. This is also reflected in the right to special protection to children, since to enforce this right, the State has to provide and assure health, food, education and property. This indicates that there might be differences between these rights, but there is not difference when it comes to importance or status. [2] (Donnelly, 1998: 24,28).
In both cases, the State is responsible for the implementation of these rights, providing the necessary guarantees for the achievement of human rights. Regardless of the nature and categorization that human rights have been given, all of them pursue the same goal: human dignity. Despite political interests, human rights are universally recognized and have been accepted in the international law. The protection and promotion of these minimum standards are closely related with the development of nations and their societies. Therefore, due to this controversy, States and critics have forgotten the principle that all human rights are important and have an equal status.
Extra Information: The economic, social and cultural rights are mentioned and promoted by the Millennium Development Goals.
Bibliography:
[2] UDHR- Universal Declaration of Human Rights:
http://www.un.org/en/documents/udhr/index.shtml.
As humans rights have developed throughout history, a controversy and argument has shown up in between civil and political rights versus economic, social and cultural rights. The main differences between this set of rights began during the cold war when each side claimed a set of rights built on their political ideologies. As the west argued on the prevalence of civil and political rights, the soviets claimed the importance of guarantying the economic and social rights. In consequence, there is a perception that some of these rights are considered to be more important than others. First of all, according to the Universal Declaration Human Rights (UDHR) all rights are equally applied to every human being and derive from the fact and standard that every individual owns these rights to have a life of dignity and respect. However, several authorities and States ( United States, Cuba, South Africa, Somalia- haven’t ratified the International Covenant on Economic, Social and Cultural Rights) consider that economic, social and cultural rights should not be considered as “human rights,” meanwhile other states give more importance to civil and political rights. (UDHR, Available at http://www.un.org/en/documents/udhr/ index.shtml)
These differences in the perception of the importance of economic, social and cultural rights versus civil and political rights have led to discussions. Some argue that these differences are based in the fact that civil and political rights do not require much resource in order to be enforced. Whereas economics, social and cultural rights do require resources and investment from States in order for them to be achieved. (“International Covenant on Economic, Social and Cultural Rights.” Office of the United Nation High Commissioner for Human Rights).
The United Nations Population Fund (UNFPA) clearly states that there is a full recognition and equal importance of every right. This means that every right is inalienable and fundamental for the life of an individual. [1]
An example of this controversy is that the United Stated only accepted and compromised to civil and political rights and did not recognize economic, social and cultural rights back in the 50s and 60s when human rights just started to be considered universal standards.
Contradictions are evident when one starts to analyze the practice of different rights; for example the right to work. Although critics don’t recognize some economic, social and cultural rights as important human rights, there is agreement on defending the right to work (Art. 23 UDHR) and the right to property (Art. 17 UDHR) which belong to the economic rights. Also, the right to food is considered as an economic right, nevertheless it’s also a fundamental right for the protection of an individual’s life. This is also reflected in the right to special protection to children, since to enforce this right, the State has to provide and assure health, food, education and property. This indicates that there might be differences between these rights, but there is not difference when it comes to importance or status. [2] (Donnelly, 1998: 24,28).
In both cases, the State is responsible for the implementation of these rights, providing the necessary guarantees for the achievement of human rights. Regardless of the nature and categorization that human rights have been given, all of them pursue the same goal: human dignity. Despite political interests, human rights are universally recognized and have been accepted in the international law. The protection and promotion of these minimum standards are closely related with the development of nations and their societies. Therefore, due to this controversy, States and critics have forgotten the principle that all human rights are important and have an equal status.
Extra Information: The economic, social and cultural rights are mentioned and promoted by the Millennium Development Goals.
- Donnelly Jack, International Human Rights, Theories of Human Rights, 1996.
- “Human Rights Principles.” UNFPA. < http://www.unfpa.org /rights/ principles.htm>.
- “International Covenant on Economic, Social and Cultural Rights.” Office of the United Nation High Commissioner for Human Rights. OHCRH, 1996. < http://www2.ohchr.org/ english/law/cescr.htm>.
- The Universal Declaration of Human Rights, available at: <http://www.un.org/en/documents /udhr/index.shtml>.
[2] UDHR- Universal Declaration of Human Rights:
http://www.un.org/en/documents/udhr/index.shtml.
All type of human rights should be considered equal. It doesn't matter how we classify each one, what is important is that worldwide our nation's governments give the required attention and include these rights in common law and practice. The responsibility to ensure human rights is of each and every one of us as well as our leaders that govern our countries.
ReplyDeleteGoverment and Society should respect and protect HUMAN RIGHTS. National Goverment are the primary responsable for making hunman rights reality and equal.All kinds of rights are important and every country in the world should guarantees these rights. ESTHELA VIVANCO
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