Like civil and political rights, economic, social and cultural rights are laid down in the Charter of the United Nations and in the Universal Declaration of Human Rights. Economic, social and cultural rights are legally enshrined in the International Covenant on Economic, Social and Cultural Rights (CESCR) and the European Social Charter. In particular, these rights include:
- Right to education and work:
Education, employment, fair remuneration and advancement opportunities, safe and healthy working conditions, rest and leisure
- Right to social security:
Social insurances
- Right to physical and mental health
- Right to an adequate standard of living:
Food, clothing, housing
- Protection and promotion of the family:
Protection of marriage and support during pregnancy, assistance in the care and education of children
- Right to take part in cultural life, scientific progress, and the protection of intellectual property
The States Parties to the CESCR are obligated to respect and guarantee these rights for all persons present on their territory and subject to their law, without any discrimination. The States Parties must therefore ensure the full realization of the rights enumerated in the CESCR through all appropriate means, especially legislative measures. Liechtenstein has been a State Party to the CESCR since 1999 (Liechtenstein Law Gazette LGBl. 1999 No. 57).
To implement economic, social and cultural rights, the Council of Europe developed the European Social Charter in 1961. The Charter was extensively revised in 1996 and contains a core group of provisions that must be fulfilled by all States Parties. Liechtenstein has not yet ratified the European Social Charter.
In contrast to political and civil rights, which limit the power of the State vis-à-vis the individual (“negative rights”), economic, social and cultural rights are primarily formulated as entitlements vis-à-vis the State or the international community (“positive rights”). The rights aim to overcome one-sided dependency relationships in society that are incompatible with the right to a dignified human existence. For this reason, not all social, economic and cultural rights are equally enforceable by law or subject to direct claims (“justiciable”).
In contrast to earlier international legal approaches, however, it is now undisputed that certain economic, social and cultural rights – or certain elements of these rights – are in fact justiciable. In 2003, the UN Human Rights Committee therefore appointed a working group to review the possible development of an Additional Protocol to the CESCR that would introduce an individual right of complaint under the CESCR. At the European level, an Additional Protocol to the European Social Charter was introduced in 1998 providing for a system of collective complaints, pursuant to which nationally recognized employer or employee organizations, for example, may lodge complaints with the responsible Council of Europe committee, if they believe that provisions of the Social Charter have not been applied satisfactorily. The European Court of Human Rights has also issued several judgments on economic, social and cultural rights or on economic, social and cultural elements of rights enshrined in the European Convention on Human Rights (ECHR).
Further information
Related links
- International Covenant on Economic, Social and Cultural Rights (German
 )
- The Committee on Economic, Social and Cultural Rights (english )
- European Social Charter (German )
- European Court of Human Rights (English)
Die Verantwortung für die Inhalte liegt beim Amt für Auswärtige Angelegenheiten, 9490 Vaduz, 
|
/