poverty

Economic and Social Rights

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"Poverty is a human condition characterized by sustained or chronic deprivation of the resources, capabilities, choices, security and power necessary for the enjoyment of an adequate standard of living and other civil, cultural, economic, political and social rights." UN Committee on Economic, Social and Cultural Rights

A common belief in the recognition of human rights followed the Second World War and lead to the establishment of the Universal Declaration of Human Rights on December 10, 1948.   This historic document states the basic civil, political, economic, social and cultural rights that every individual is entitled to just by virtue of their existence.

The International Covenant on Economic, Social and Cultural Rights was adopted by the United Nations (UN) on December 16, 1966, and ratified by Canada in May 1976.  It identifies what are known as “positive rights”; that is, rights that require action in order to be fulfilled such as a right to health care.  Therefore, governments must implement programs and policies in order to meet these obligations, in comparison to “negative rights”, like freedom of speech, which exist without government action.

Considered “fundamental norms” by the UN, economic, social and cultural rights (ESC) include a right to education, health (both mental and physical), a high standard of living (right to adequate food, clothing, housing), social security, equality, protection against discrimination, and ensure participation in the labour force and cultural life.

The UN states, “that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights”

The Governments Responsibility

States are responsible for upholding and protecting these rights once they have ratified the Covenant, and are obligated to set up laws and mechanisms that will ensure these rights are respected.  Governments are also required to allocate resources towards the protection of these rights, which would include funding for social security, housing, education and healthcare. Currently the Canadian government has money allocated for these systems so that rights are maintained, but reports from various civil society groups and international bodies indicate that the funding is not adequate and more needs to be done. (See reports here and here)

Every four years there is a Universal Periodic Review (UPR) of UN states to ensure they are following their human rights obligations.  Canada’s last review in 2009 illustrated some gaps in respect for certain ESC rights, and a number of recommendations were made to the federal government, which were not all adopted – including a recommendation to establish a federal poverty elimination strategy.  Other recommendations agreed to, such as strengthening efforts to ensure adequate housing for vulnerable groups, have not been acted upon.  This demonstrates Canada’s lack of commitment to the ESC rights, and respect for their equal weight as “rights” within the democratic system .

The next review is in 2013 where Canada will once again have a chance to highlight its efforts to provide all Canadians the necessary supports to protect ESC rights.