Securing Dignity and Freedom through Human Rights : Article 22 of the Universal Declaration of Human Rights

The idea that economic, social and cultural (ESC) rights are indispensable for human dignity and freedom first received recognition at the international level in article 22 of the Universal Declaration of Human Rights. By resort to drafting history, textual interpretation and subsequent implementation, this book explores the role and scope of this lesser-known article and its impact within international law and practice. It highlights the importance of the theoretical and practical origins of ESC rights and their relevance to the impact of activities among States, international organisations, and transnational business. Its conclusions address the potential for improved coherence in applying core ESC rights across various State reporting systems and human rights indicators, and for effective recognition of the responsibility of international organisations and multinational business in cases of harm attributable to them. The theoretical construct of ESC rights introduced by article 22 extends beyond mere assets and material comforts. The article conceives of ESC rights as the fruits of properly ordered relationships between the individual, the community, and the State. It shapes these relationships in positive concepts of equality and development of the personality, and freedom as inherent in each human being. The drafting history confirms that the recognition of the right of everyone to “social security” was intended broadly as human security and well-being. Regrettably, the broad reference is often confused with the right to security in the event of life contingencies addressed in article 25 of the Declaration. The book demonstrates the continuing relevance of ESC human rights within the international legal system in theory and practice, drawing on legal and political philosophy and dynamic interpretation of subsequent human rights treaties and other instruments. The “entitlement” of all to the core of “indispensable” ESC rights, enumerated in articles 23-27, is to be realized through article 22's twin means of “national effort and international cooperation” expected of States under their UN Charter obligations. The practice of the UN and its specialized agencies evidences the evolving scope of application of these twin duties at national and international level in such contexts as humanitarian assistance, sustainable development, and transnational business activities. Rather than limiting action, the concept of “the organization and resources of each State”, invokes the basis for shared responsibility among the State, non-state actors, and the international community to realize the article's visionary aims. The UN Library features the book among its recommended Research Guides to the Universal Declaration