Economic And Social Rights: Social And Economic Rights

Social and economic rights refer to those rights which secure and protect the basic necessities of life, and form a foundation for an adequate quality of life. They can also be defined as claims against the state to have certain basic social and economic needs satisfied. The basic necessity of life encompasses, at the very least, the right to food, shelter, healthcare, education, social security and right to livelihood. Together all of these rights constitute a foundation upon which human development can transpire and freedom of an individual can thrive. Additionally, it is essential that such basic social and economic rights should be conceptualised in terms of an entitlement both to be equal as humans and to be equal as members of society.

These principles are not enforceable in the court but nevertheless are fundamental in the governance of the country. These are the principles of economic and social justice which the State should strive to attain. Many of the provisions in Part IV correspond to the provisions of the International Covenant on Economic Social and Cultural Rights (ICESCR).

The comparable provisions of ICESCR and DPSP are enlisted in the table below.

DPSP and ICESCR: Comparable Provisions

Articles of the Constitution Articles of the ICESCR

Article 39: Right to an adequate means to livelihood; equal pay for equal work for both men and women right to health, etc. Articles 3,6(1) and 7

Article 41: Right to work, to education and to public assistance in certain cases. Articles 6 and 7

Article 42 : Just and humane conditions of work and maternity relief Articles 7 and 10(2)

Article 43: Living wage, etc, for workers Articles 11(1), 11(2) and 15

Article 45: Provision for free and compulsory education for children Articles 13(1),(2)(a), (3)and (4) and 14

Article 47: Raising standard of living and improvement of public health. Articles 12(1), (2), (a) to (d)

Article 51: Promotion of international peace and security Articles 1 (3) and 2