Introduction
Sixty years elapsed between the vote in favour of the Universal Declaration of Human Rights in 1948
(United Nations General Assembly 1948) and the adoption of the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights, providing for a right to individual
communications before the Committee on Economic, Social and Cultural Rights (United Nations
General Assembly 2008). It is probably no exaggeration to state that throughout this period, the
history of international human rights was dominated by the controversy about the status of
economic, social and cultural rights as human rights.
The foundations for the controversy were laid by the Declaration itself. Franklin Delano Roosevelt,
who by then has been elected for his third term as President of the United States, had included
"freedom from want" in his famous 1941 "Four Freedoms" speech (Roseman 1969, vol. 9: 672), and
he had outlined a vision of a "Second Bill of Rights" in his 1944 State of the Union speech to the
United States Congress (Sunstein 2004: ch. 1). Roosevelt proclaimed that "necessitous men and not
free men", and his experience in constructing successive versions of the New Deal had gradually
converted him ‐‐ he, the fiscally conservative presidential candidate for the 1932 presidential
election ‐‐ to the idea that social and economic rights were key ingredients for recovery from
economic crisis (Brinkley 1995: chap. 4).
His convictions directly influenced the work of the UN delegates building the human rights regime for
the post‐World War order. The draft of the Universal Declaration of Human Rights was prepared by a
Working Group created in 1947 by the newly established Commission on Human Rights, itself a
committee of the UN Economic and Social Council. Faithful to the vision of her late husband, Eleanor
Roosevelt, the Chair of the Working Group tasked with preparing the Declaration, insisted on
economic and social rights being part of the catalogue of rights that the United Nations General
Assembly would adopt (Glendon 2001). She had no difficulties convincing the other members of the
drafting committee on the principle, for all members agreed on the importance of the economic and
social rights that were considered for inclusion ‐‐ the right to medical care, the right to education, the
"right and the duty to perform socially useful work", the right to good working conditions, the right
to "such public help as may be necessary to make it possible for him to support his family", the right
to social security, the right to "good food and housing and to live in surroundings that are pleasant
and healthy", or the right to rest and leisure. Indeed, these rights were listed among the forty‐eight
items that the United Nations' Secretariat Human Rights Division, then headed by a forty‐year‐old
Canadian professor at McGill University, John Humphrey, had identified as appearing most
frequently in the human rights catalogues across the world, in the document that served as the first
working document to the delegates of the Human Rights Commission.
But behind this apparent consensus, there were important disagreements on three issues related to
the implementation of these economic and social rights. A first issue was whether the fulfilment of
economic and social rights required an activist State to deliver the corresponding public
programmes, relying on a centralized planning of the use of resources. The Soviet Union and other
countries of the socialist camp believed the role of the State should be recognized; in contrast, the
United States and other Western democracies considered that each State should be left free to
determine how, and by whom, such rights should be implemented, and they favored a formulation
that would recognize the role of the market in social progress. A second issue resulted from the fears
expressed by delegates from the developing countries ‐‐ most notably Egypt and India ‐‐ that the
poorer nations could only fulfil the promises of the Declaration gradually, and that they could not be
expected to match the standards set by industrialized nations all at once. A third and related issue
concerned the role of international cooperation, and whether rich countries had any duty to support
poor countries' efforts in realizing rights to education, housing or food.
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CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction