Right to an adequate standard of living
Encyclopedia
The right to an adequate standard of living is recognized as a human right and is understood to establish a minimum entitlement to food, clothing and housing at a subsistence level. The right to food
Right to food
The right to food, and its variations, is a human right derived from the International Covenant on Economic, Social and Cultural Rights...

 and the right to housing
Right to housing
The right to housing is the economic, social and cultural right to adequate housing and shelter. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...

 have been further defined in human rights instruments. Fulfillment of the right to an adequate standard of living depends on a number of other economic, social and cultural rights, including the right to property
Right to property
The right to property, also known as the right to protection of property, is a human right and is understood to establish an entitlement to private property...

, the right to work
Right to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so...

, the right to education
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...

 and the right to social security
Right to social security
The right to social security is recognized as a human right and establishes the right to social security assistance for those unable to work due to sickness, disability, maternity, employment injury, unemployment or old age...

.

The right to an adequate standard of living is enshrined in Article 25 of the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...

 (UDHR) and Article 11 of the International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...

. The most significant inspiration for the inclusion of the right to an adequate standard of living in the UDHR was the Four Freedoms speech by US President Franklin Roosevelt, which declared amongst others the freedom from want.

Definition

The most significant inspiration for the inclusion of the right to an adequate standard of living in the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...

 (UDHR) was the 1941 Four Freedoms speech by US President Franklin Roosevelt, which declared freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

, freedom of faith, freedom from want and freedom from fear. On the basis of the speech the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...

 established a draft proposals for an international bill of rights, the Statement of Essential Human Rights, which greatly influenced the UDHR. The statement included the right to adequate food and housing and the right to social security, including the right to health. Article 25 of the UDHR recognises the right to an adequate standard of living, stating that:

"(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All Children, whether born in or out of wedlock shall enjoy the same social protection."

The UDHR establishes that the realisation of the right to an adequate standard of living requires as a minimum the enjoyment of subsistence rights, that is adequate food and nutrition, clothing, housing and care when required. The UDHR recognises that the right to an adequate standard of living will require different measures depending on the situation of a person. It specifies that persons who are unable to secure the enjoyment of conditions necessary for an adequate standard of living have a right to care. Article 25 is closely related to Article 22 of the UDHR, which explicitly enshrines the right to social security
Right to social security
The right to social security is recognized as a human right and establishes the right to social security assistance for those unable to work due to sickness, disability, maternity, employment injury, unemployment or old age...

. Article 25 also specifically mentions the rights of children born out of wedlock, which historically have been subject to discrimination.

The nature of the right to an adequate standard of living was further defined in Article 11 of the International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...

 (ICESCR), which defines the right to an adequate standard of living in two paragraphs. Paragraph one states that:

"The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent."

Medical care and health, which were included in the UDHR under the right to an adequate standard of living, were included in Article 12 of the ICESCR under the right to health
Right to health
The right to health is the economic, social and cultural right to the highest attainable standard of health. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...

. Rights relating to motherhood are recognised in Article 10 of the ICESCR on the protection of the family. When the ICESCR was drafted increased malnutrition was a urgent international concern, giving Article 11 an overall emphasis on food. Paragraph two of Article 11 states that:

"The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed:
(a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;
(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need."

As such Article 11 of the ICESCR establishes two human rights, the right to be free from hunger, known as the right to food
Right to food
The right to food, and its variations, is a human right derived from the International Covenant on Economic, Social and Cultural Rights...

, and the right to an adequate standard of living, specifically in relation to subsistence rights to clothing, housing and food. The ICESCR requires as a minimum that the subsistence rights are protected by the state. The right to food
Right to food
The right to food, and its variations, is a human right derived from the International Covenant on Economic, Social and Cultural Rights...

 and the right to housing
Right to housing
The right to housing is the economic, social and cultural right to adequate housing and shelter. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...

 have subsequently been defined as independent rights in other human rights instruments. The ICESC makes it clear that states must take appropiate steps to ensure the realization of the right to an adequate standard of living, by for example requiring the state to take the necessary measures to ensure that hunger does not occure.

The right to an adequate standard of living is also enshrined in the Convention on the Elimination of All Forms of Discrimination against Women
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....

, which aimed to create conditions under which women and mothers would be economically secure and independent. The Convention requires states to end discrimination against women in relation to employment and other economic activities. The right to an adequate standard of living is reiterated in the Convention on the Rights of the Child
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...

 with Article 27 recognising ever child's right to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development. The parents of the child have primary responsibility to secure this right within their abilities, while the state must take appropriate steps to assist parents and others responsible for children. States must if necessary provide material assistance, particularly in relation to nutrition, clothing and housing.

Relationship with other rights

Overall the right to an adequate standard of living is understood as a social right, which requires respect for a number of other economic, social and cultural rights, including the right to education
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...

 as enshrined in Article 26 of the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...

 (UDHR) and Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...

 (ICESCR), the right to property
Right to property
The right to property, also known as the right to protection of property, is a human right and is understood to establish an entitlement to private property...

, which is enshrined in Article 17 of the UDHR, the right to work
Right to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so...

 as enshrined in Article 23 of the UDHR and Article 6 of the ICESCR, and the right to social security
Right to social security
The right to social security is recognized as a human right and establishes the right to social security assistance for those unable to work due to sickness, disability, maternity, employment injury, unemployment or old age...

 as enshrined in Article 22 of the UDHR and Article 25 of the ICESCR. When the right to property, the right to work and the right to social security, three core economic rights, are implemented in combination, it is assumed that an adequate standard of living can normally be secured.

The right to private property was a crucial demand in early quests for political freedom and equality, and against feudal control of property. Property can serve as the basis for the entitlements that ensure the realisation of the right to an adequate standard of living. Initially only property owners were granted civil and political rights, such as the right to vote. The right to work
Right to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so...

 was enshrined to allow those who do not own property to attain an adequate standard of living. Today discrimination on the basis of property ownership is recognised as a serious threat to the equal enjoyment of human rights by all and non-discrimination clauses in international human rights instruments
International human rights instruments
International human rights instruments are treaties and other international documents relevant to international human rights law and the protection of human rights in general...

 frequently include property as a ground on the basis of which discrimination is prohibited (see the right to equality before the law).
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