Should ESC rights be included in a Bill of Rights?

[Evales]

Atm all the Human Rights Acts in Australia only contain the Political and Civil Rights of people. I don't know about the state of the rest of the world but I assume this is the norm since Australia tends to be a follower not a leader.

However WA (Western Australia) is thinking of introducing ESC rights into the Act that they are drafting.

Should ESC Rights be written into Human Rights Acts?

[Homicidal_Cherry53]

Well exactly what would ESC rights encompass? I know they stand for economic, social, and cultural rights, but I really don't understand what specific rights you are talking about.

[McCulloch]

In the Canadian charter of rights and freedoms

1. Everyone has the following fundamental freedoms:
2. freedom of conscience and religion; [Social and Cultural]
3. freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; [Economic to a certain degree]
4. freedom of peaceful assembly; and [Social]
5. freedom of association. [Cultural]

[Homicidal_Cherry53]

If those are indeed the rights that the OP was referring to, I see no reason why they should not be included in a Bill of Rights.

[Zzyzx]

.

In the Canadian charter of rights and freedoms

1. Everyone has the following fundamental freedoms:
2. freedom of conscience and religion; [Social and Cultural]
3. freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; [Economic to a certain degree]
4. freedom of peaceful assembly; and [Social]
5. freedom of association. [Cultural]

US citizens once had similar rights.

But we got the government we deserve.

Because we don't care enough to do what is right for our nation.

[Evales]

From the Human Rights Report the Rights suggested that would be ESC are:

The right of all peoples to self-determination, to freely determine their political status and freely pursue
their economic, social and cultural development;


The right to work, including the right of everyone to the opportunity to gain a living by work which she
or he freely chooses or accepts;

The right to the enjoyment of just and favourable conditions of work, which includes fair wages and
equal remuneration for work of equal value without distinction of any kind, a decent living for all
workers and their families, safe and healthy working conditions, equal opportunity for promotion,
rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as
remuneration for public holidays;

The right of everyone to form and join trade unions, the right of trade unions to establish national
federations and to join international organisations, the right of trade unions to function freely, the right
to strike, provided that that is exercised in conformity with the law;

The right to social security, including social insurance;

The widest protection and assistance for the family, special protection for mothers during a reasonable
period before and after childbirth and for paid leave or adequate social security benefits during that
period, the protection of children and young persons from economic and social exploitation, including
the setting of age limits below which the employment of children should be prohibited;

The right to an adequate standard of living, including adequate food, clothing and housing, and to the
continuous improvement of living conditions;

The right to the highest attainable standard of physical and mental health;

The right to education, with a recognition that the full realisation of this right will encompass
compulsory and freely available primary education, generally available, accessible and free secondary
education, including technical and vocational secondary education, and higher education which is
equally accessible to all on the basis of capacity; and


The right of everyone to take part in cultural life, to enjoy the benefits of scientific progress and its
applications and to benefit from the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.

The general arguements against are:

That it makes the minorities have certain powers of the majority. Majority strength is a democratic right.

That it forces the government to put a certain amount of money into a particular area meaning less movement for budgets.

[McCulloch]

My understanding of rights is that each right that is enumerated, there corresponds at least one responsibility. Thus, for my right to a fair trial, there is an obligation on the part of government to provide the framework both legal and practical, to ensure that fair trials are being done.

I wonder what obligations might be inferred if the right to work, including the right of everyone to the opportunity to gain a living by work which she or he freely chooses or accepts; were constitutionally enshrined. If the right to these opportunities is a right, who is obligated to provide them?

The right to the highest attainable standard of physical and mental health; Who gets to decide what is the highest attainable standard? How broadly are physical and mental health defined? Define them too broadly, and the right is meaningless. Define them too narrowly, and declaring the right is rendered pointless.