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PHIL 2102 Week 8 Class 1.docx

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Carleton University
PHIL 2103
Jay Drydyk

Week 8 Class 1: Social, Cultural and Economic Rights Are they rights? • We are all beneficiaries of these rights in Canada What are they? • Not first generation rights st o 1 generation (articles 1-21) civil and political rights o 2 generation (22-27_ social, economic and cultural rights  23: right to work, free choice of employment, just and favorable conditions of work, protection against unemployment • Gain living by work that you freely choose  Equal pay for equal work  Just and favorable remuneration, ensuring an existence worthy of dignity, with social protection if needed  Right to form and join trade unions • Operations supposed to be autonomous • Can be legal restrictions (necessary for security, public order and security) • Publish budget online? Doesn’t follow • Includes right to strike  Article 24: everyone has a right to rest and leisure including reasonable limitation of working hours and periodic holidays with pay  Article 25: right to standard of living adequate for health and well-being • Food, clothing, housing, medical care, necessary social services, security loss, • Mothers and children entitled to special care and assistance without discrimination with respect to marital status o Must be protected, goal of international community to control threats • Duty of each state to make their citizens available to medical care and health  Article 26: Right to education • Elementary educations should be free and compulsory • Higher education equally accessible to all on basis of merit o If you have the capacity to learn, it should be accessible to you • Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights • parents right to choose children’s education  article 27: everyone has the right to • participate in the cultural life of the community • enjoy the arts • share in scientific advancement and its benefits  everyone has the right to the protection of the moral and material interests resulting from and scientific, literary of artistic production of which he is the author • Precedents: o ILO “Australian Pledge” for labor standards, social security, full employment o Roosevelt’s “freedom from want” (1941) o Projected in terms of rights (1944) to jobs, adequate earnings, adequate farm income, freedom from monopoly, housing, medical care, social insurance, education o American law institute (1944) proposal of rights to education, work, reasonable conditions of work, food and housing, social insurance o Same included in “American Declaration of the Rights and Duties of man” adopted 9 International Conference of American States at Bogotà, Columbia, 1948. o UDHR made no distinction between 1 and 2 generations  Stronger support” US, Latin , Socialist countries, Egypt  Weaker opposition: UK, Australia, South Africa o Covenants (implementation treaties) divided (1949-66)  US cold war opposition  US/Europeans demanded division, for approval To divide or not: • Reasons for not dividing them: o CP rights are justifiable, ESC are not o CP rights could be achieved only progressively o CPR are rights against states; ESCR require positive action of states o CPR require laws, ESCR require programs • Reasons f
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