Amnesty International Toronto Organization
Regional Meeting, October 16, 2004
ICESC - a précis
What are these
rights?
The first is the right
to work, which includes the right of everyone to gain his or her living by work
which he freely chooses or accepts. It
also includes the obligation of governments to provide vocational guidance and
training, and “techniques to achieve steady economic, social and cultural
development and full and productive employment…”
Not far behind is the
right to get paid, a fair wage, equal remuneration for work of equal value, a
decent living, safe and healthy working conditions, and, oh yes, the right to
rest and leisure, paid vacations and paid public holidays.
We also have the right
to form trade unions and labour federations and, yes Virginia, the right to
strike (unless you’re in the police or the military.)
Social security,
including social insurance, is listed as a fundamental human right.
The widest possible
protection and assistance is accorded to the family, which is recognized as the
fundamental group unit of society.
Marriage must be entered into freely by the partners. Special protection is accorded to mothers
and to children. Children must be
protected from exploitation. Child
labour is prohibited.
The right to an
adequate standard of living is recognized, and the right to freedom from
hunger.
We have the right to enjoy the highest attainable standard of physical and mental health. This requires provision for the healthy development of the child, the improvement of environmental and industrial hygiene, the prevention, treatment and control of disease, and the provision of medical care.
Everyone has the right
to education, which is to be “directed to the full development of the human
personality and the sense of its dignity, and shall strengthen the respect for
human rights and fundamental freedoms.”
Primary education shall be compulsory, secondary education generally
available, and higher education equally accessible to all. This requires schools, teachers, and a
system of fellowships. Parents have the
right to have their children educated in conformity with their own religious
and moral convictions.
Finally, we all have
the right to take part in cultural life and to enjoy the benefits of scientific
progress. Authors and inventors have
the right to enjoy the moral and material benefits of their creations. Governments are responsible for the
conservation, development and diffusion of science and culture, and for the
protection of academic freedom.
The International
Covenant on Economic, Social & Cultural Rights - a précis
History
Preamble
Recognition of the inherent dignity & of the equal & inalienable rights of all members of the human family is the foundation of freedom, justice & peace in the world
Part I
Article 1
1. peoples self determination - freely determine their political status and feely pursue their economic, social & cultural development
2. natural wealth & resources
3. federations - territories
Part II
Article 2
1. legislative measures
2. no discrimination
3. developing countries
Article 3
equal right of men and women to the enjoyment of esc rights
Article 4
limitations - promoting the general welfare in a democratic society
Article 5
1. no destruction of rights
2. not recognized in present covenant
Part III
Article 6
1. work which he freely chooses
2. vocational guidance and training - steady esc development - full & productive employment
Article 7
(a)(i) fair wages - equal pay
(a)(ii) a decent living
(b) safe & healthy working conditions
(c) opportunity to be promoted
(d) rest, leisure, limitation of working hours, holidays with pay, public holidays
Article 8
1.(a) trade unions
1.(b) federations
1.(c) function freely - national security or public order
1.(d) right to strike
2. armed forces, police, administration of the state
3. ILO 1948 Convention concerning Freedom of Association & Protection of the Right to Organize
Article 9
Social security, including social insurance
Article 10
1. protection & assistance to the family - fundamental group unit of society - establishment & dependant children - marriage with the free consent of the intending spouses
2. mothers before & after childbirth - paid leave or leave with adequate social security
3. protection & assistance of children & young persons - child labour punishable by law
Article 11
1. adequate standard of living - food, clothing and housing - continuous improvement - international co-operation based on free consent
2.(a) production, conservation & distribution of food - principles of nutrition - agrarian systems - efficient development & utilization
2.(b) equitable distribution of world food supplies in relation to need
Article 12
1. highest attainable standard of physical and mental health
2.(a) stillborn rate and infant mortality - healthy development of the child
2.(b) environmental & industrial hygeine
2.(c) prevention, treatment & control of diseases
2.(d) medical service & medical attention to all in the event of sickness
Article 13
1. education - full development of the human personality and the sense of its dignity - respect for human rights and fundamental freedoms - participate effectively in a free society - understanding, tolerance & friendship - further the activities of the United Nations for the maintenance of peace
2.(a) primary education compulsory & free to all
2.(b) secondary education generally available & accessible - progressive introduction of free education
2.(c) higher education equally accessible to all - on the basis of capacity - progressive introduction of free education
2.(d) fundamental education
2.(e) schools - fellowship system - material conditions of teaching staff shall be continuously improved
3. liberty of parents to choose schools of religious and moral education for their children in conformity with their own convictions
4. liberty of individuals & bodies to establish & direct educational institutions
Article 14
detailed plan for introduction of compulsory primary education, free of charge
Article 15
1.(a) take part in cultural life
1.(b) enjoy the benefits of scientific progress
1.(c) moral & material interests resulting from any scientific, literary or artistic production of which he is the author
2. conservation, development & diffusion of science & culture
3. freedom indispensable for scientific research & creative activity
4. international contacts & co-operation
Part IV
reports - UNESCO - Human Rights Commission - recommendations
Part V
signature - ratification - accession - amendment