UNIT 31 Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966) work, under "just and favourable conditions", with the right to form and join trade unions (Articles 6, 7, and 8); social security, including social insurance (Article 9); family life, including paid parental leave and the protection of children (Article 10); an adequate standard of living, including adequate food, clothing and housing, and the "continuous improvement of living conditions" (Article 11); health, specifically "the highest attainable standard of physical and mental health" (Article 12); education, including free universal primary education, generally available secondary education and equally accessible higher education. This should be directed to "the full development of the human personality and the sense of its dignity", and enable all persons to participate effectively in society (Articles 13 and 14); participation in cultural life (Article 15).

ICESCR members

Human rights 1st generation: civil and political rights; 2nd generation:economic, social and cultural rights; 3rd generation:collective rights

First generation: Civil and political rights Designed to protect the individual against state interference Right to vote Right to assemble Right to free speech Right to a fair trial Right to freedom from torture, abuse Right to protection of the law

Second generation: Economic, Social and Cultural rights Right to education Right to housing Right to health Right to employment Right to an adequate income Right to social security

Third generation: Collective rights Right to economic development Right to prosperity Right to benefit from economic growth Right to social harmony Right to a healthy environment, clean air and water, etc.

Economic rights The right to work, the right to the free choice of employment and to just and favourable conditions of work; the right to form and join trade unions: the right to strike; the right to social security; the right to own property

Social rights: Community Charter of Fundamental Social Rights of Workers (1989) freedom of movement; employment and remuneration; improvement of living and working conditions; social protection; freedom of association and collective bargaining; vocational training; equal treatment for men and women; information, consultation and participation of workers; health protection and safety at the workplace; protection of children and adolescents, elderly persons; and disabled persons

Cultural rights related to art and culture, both understood in a large sense. The objective : to guarantee that people and communities have an access to culture and can participate in the culture of their election. human rights that aim at assuring the enjoyment of culture and its components in conditions of equality, human dignity and non-discrimination

Cultural rights language; cultural and artistic production; participation in cultural life; cultural heritage; intellectual property rights; author’s rights; minorities and access to culture,

Points for discussion: economic rights Explore the existing situation of economic rights: the right of ownership and market competition. Can foreigners acquire property and under what conditions? Do molopolies exist? What is the extent of foreign investment?

Points for discussion: social rights Unemployment, working conditions, social security, trade unions. How does government cope with unemployment?

Points for discussion: cultural rights Situation in education, science, healthy environment. Is there a need for improvement? In what direction?

Economic rights Entrepreneurial freedom and the market-based regulation of economic relations – backbone of successful economies

Role of the state The state must ensure that certain rules are upheld in market competition All enterpreneurs should enjoy equal legal position on the market The state should prevent abuse of monopolies

Monopoly Results in the elimination of market relations and leads to the preclusion of market competition May exist in certain industries (railways, electricity, water management)

State instruments in economic policy Market – imperfect mechanism of social regulation Modern states use different instruments to intervene in market relations: taxes, customs, subsidies, state investments In circumstances of crisis – such role of state particularly emphasized

Market freedom Market and other economic activities should be conducted in full freedom and under equal conditions The focus of responsibility – individual citizens, while the state retains its role of ensuring respect for the rules of free market competition, using its economic policy measures only for limited interventions

Workers’ rights State interventions imply the obligation to create and expand the possibilities and conditions for citizens to exercise their right to work Workers – entitled to fair remuneration which may be claimed either individually or through trade unions and other organizations

Social rights The right of employees and their families to social security, formation of trade unions and the protection of families, children and persons with disabilities – among the most important social rights

Cultural rights Right to education, scientific, cultural and artistic creativity, sports

Environmental rights Right to a healthy life with an emphasis on the protection of public health, nature and a healthy environment

Legal terms Enterpreneur One who organizes, owns, manages and assumes the risks of a business; one that organizes, promotes, or manages an enterprise or activity of any kind; poduzetnik Enterpreneurial Of or relating to an entrepreneur

Legal terms Market competition Striving for a greater share of the market; tržišno natjecanje Monopoly Ownership or control that permits domination of the market in a business; a commercial monopoly is where the supply of a certain commodity is controlled by one manufacturer, trader, or group

Legal terms Subsidy A grant of money made by government Remuneration Salary or compensation; naknada, plaća, honorar

Define the following Enterpreneurial freedom Regulatory powers Monopolistic situation Market relations Social insurance

Write sentences by using the following verbs Ensure Intervene Conduct Retain Exercise claim

Legal discourse markers Hereby= ovako, ovim, tim Herein = u istom, u ovom (dokumentu, tekstu) u tome, ovdje Hereunto = do sada, do ovog vremena; k tome Thereof= iste, istoga, toga, o tome Therefrom = od toga otuda Therein = u tome, na tom mjestu Wherein = u čemu, gdje, u kojem, u kom pogledu Whereof = navedeno, toga, navedenog; od kojeg, iz čega

Insert: herein, hereby, hereunto, thereof (3x), therefrom, therein, wherein, whereof All legislative powers_____granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Assessments are those special and local impositions upon property which are necessary to pay for the improvements and are laid with reference to special benefit which the property is supposed to have derived____

Insert: herein, hereby, hereunto, thereof (3x), therefrom, therein, wherein, whereof Taxes, as the term is generally used, are public burdens imposed generally upon the inhabitants of the whole State, or upon some civil division ____ The eighteenth article of Amendment to the Constitution is ______repealed. No Senator or Representative shall, during the time for which he or she was elected, be appointed to any civil office under the Authority of the US which shall have been created, or the Emoluments___shall have been increased during such time.

herein, hereby, hereunto, thereof (3x), therefrom, therein, wherein, whereof No person held to service or labour in one state, under the laws ___escaping into another, shall, in consequence of any law or regulation___be discharged from such service or labour may be due. In witness_____we have____subscribed our names and the Congress may by law provide for the case ____neither President-elect, nor a Vice-President shall have qualified (…)

Key All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives Assessments are those special and local impositions upon property which are necessary to pay for the improvements and are laid with reference to special benefit which the property is supposed to have derived therefrom.

Key Taxes, as the term is generally used, are public burdens imposed generally upon the inhabitants of the whole State, or upon some civil division thereof The eighteenth article of Amendment to the Constitution is hereby repealed. No Senator or Representative shall, during the time for which he or she was elected, be appointed to any civil office under the Authority of the US which shall have been created, or the Emoluments whereof shall have been increased during such time.

Key No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. In witness whereof we have hereunto subscribed our names

Key and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified (…)