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Douglas-Scott, Sionaidh; Hatzis, Nicholas --- "EU law and social rights" [2017] ELECD 987; in Douglas-Scott, Sionaidh; Hatzis, Nicholas (eds), "Research Handbook on EU Law and Human Rights" (Edward Elgar Publishing, 2017) 492

Book Title: Research Handbook on EU Law and Human Rights

Editor(s): Douglas-Scott, Sionaidh; Hatzis, Nicholas

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781782546399

Section: Chapter 23

Section Title: EU law and social rights

Author(s): Douglas-Scott, Sionaidh; Hatzis, Nicholas

Number of pages: 25

Abstract/Description:

Social rights have been taken to include such matters as non-discrimination and equality in economic and social life, freedom to work, fair pay and decent conditions of work, the right to form trade unions and to strike, social security, the right to adequate food, clothing and housing, the right to basic health services, and the right to education. The Universal Declaration on Human Rights included social rights, addressing matters such as education, food and employment. However, their inclusion has been a source of controversy. Social rights have often been perceived as statements of beneficial goals but not strictly rights. The European Convention on Human Rights (ECHR) did not include social rights (although it was later amended to include the right to education). Social rights were instead dealt with in a separate treaty, the European Social Charter. Similarly, when the UN incorporated Universal Declaration rights into international law, it pursued the European model by placing economic and social rights in a separate treaty from the treaty on civil and political rights. This treaty, the International Covenant on Economic, Social and Cultural Rights, recognised that social rights would have to be progressively realised. However, the category distinction between civil and political and socio-economic rights is not absolutely clear. The right of non-discrimination may be seen as both. The prohibition on forced labour may also be both. Social rights also necessarily complement civil and political rights, as they provide the societal security necessary to enjoy civil and political rights.