Rights and Principles of the Economic, Social and Cultural Order

Human Rights (HR) make human life a free and independent one for all. The article foresees an overview of the development of especially Economic, Social and Cultural rights (ESCR) outlining the relationship between ESCR and civil and political rights (CPR) in promoting a free and independent life for all individuals. The evolvement of the concept of economic rights over time is explained, initially limited to property owning men, expanding to encompass a wider range of rights. Reasons for that were social changes, especially the rise of labour movements and their demands for social protection. In that context, the characteristics of ESCR in contrast to HR and natural law and CPR are pointed out. The philosophical context and the legal status of ESC are addressed and according to the article, ESCR show a shift from charity-based systems to rights-based entitlements. The text further describes the establishment of ESCR in international law and in the EU, Africa, America, Arab countries and Asia and presents the typical models of integrating it in constitutional law of many states. It then introduces four European Models to implement of ESCR in constitutions, namely ESCR at the same footing as all HR, ESCR as a model for HR, Social State Clauses instead of ESCR and absence of social issues in HR. The article further describes the essential rights to work emphasizing the right to decent work and fair wages as working conditions, to collective action and bargaining, consumer protection, social security, health, and social assistance and their various forms in national constitutions and international provisions. Lastly, the text highlights cultural aspects regarding ESCR, such as the right to education, freedom of arts and science and the right to access to university.