Economic and social rights are human rights that are related to our ability to live with dignity and participate fully in our society. They include rights related to jobs, social security, and access to housing, food, water, health care, and education. They include the right to fair and equitable wages; the right to adequate income protection in the event of unemployment, sickness or old age; and the right to an adequate standard of living.

Canada’s obligations to protect these specific rights are set out in the International Covenant on Economic, Social and Cultural Rights (ICESCR), which Canada ratified in 1976.

Are all social rights subject to “progressive realization”?

The concept of progressive realization recognizes that the full achievement of social rights cannot happen overnight. For example, the realization of the right to housing does not mean (unfortunately) that every homeless person will immediately receive adequate and safe housing, but instead that the government will take a series of steps to achieve this goal over time.

However, there are a number of immediate actions that all states, regardless of their wealth, must take to meet their obligations under the ICESCR. In particular, governments must:

Prevent and eliminate discrimination in housing, health care, education, and other areas;
Avoid regressive measures , that is, they should not repeal social rights protections that are already in place without good cause; and
Comply with “minimum core obligations” that ensure minimum essential rights under the ICESCR, such as access to free primary education, emergency health care, protection from hunger, and basic housing.

Human Rights and Poverty
How do economic and social rights relate to poverty?

Although poverty is not explicitly mentioned in the ICESCR, it is a recurring theme in the Covenant. Poverty is also a constant concern of the UN Committee on Economic, Social and Cultural Rights, as well as of civil society organizations, especially as it relates to the protection of the economic, social and cultural rights of the most vulnerable. In fact, the protection of economic, social and cultural rights, such as the right to work, housing or food, has a direct impact on poverty.

In a special statement in 2001, the Committee wrote: “In light of its long experience, including its examination of numerous State party reports, the Committee is of the firm view that poverty constitutes a denial of human rights.

Why a human rights-based approach to poverty?

A rights-based approach positions people as active agents claiming dignity, well-being and opportunity, rather than as petitioners forced to knock on the door of a system that has failed them in the first place.

The rights-based approach rejects the false dichotomy of “deserving” and “undeserving” and the notion that “merit” can be a legitimate criterion for access to rights.

The human rights approach is about taking human rights laws and principles and turning them into effective policies and practices. It seeks to empower rights-holders (individuals and communities) to make decisions that directly affect them and to strengthen the ability of duty-bearers (public institutions) to fulfill their human rights obligations. The imperative is to rebalance power relations and build strong relationships of accountability between rights-holders and duty-bearers. Five basic principles underpin a human rights approach :

Participation : Ensuring that individuals and communities participate in decisions that will address their needs and affect the exercise of their rights.
Accountability : Monitoring compliance and progress in realizing human rights. This requires meaningful targets and reliable and timely data. In addition, holding duty bearers accountable through transparent grievance and redress mechanisms is crucial.
Non-Discrimination and Equality: Examine how policies affect the rights of different groups and address all forms of discrimination. Giving priority to those who face greater barriers to exercising their rights is of paramount importance.
Empowerment : ensuring that people understand their rights and are supported to participate in decisions that affect their lives. Emphasis is again on ensuring that those who are most marginalized are empowered to assert their rights.
Legitimacy : grounding policies, practices and procedures in international and national human rights laws and standards.