VII-d. The Economics of Economic Rights
Government officials and others tend to be very concerned that realization of economic rights might be very costly, and may simply not be affordable. This a serious concern, one that must be addressed very carefully. Several distinct points should be made.
(1) All Human Rights Entail Costs. The idea that some rights are "negative" and do not require government action, and thus cost nothing to realize, is untenable. It does not make sense to distinguish between "negative" and "positive" rights. It is misleading to suggest that civil and political rights are negative rights requiring no substantial action, and thus are virtually cost free, while economic, social and cultural rights are positive rights requiring substantial action, and thus are somehow more costly to realize (Shue 1996). Significant costs must be incurred for the realization of all kinds of rights. These costs are not only in terms of money but also in terms of time, effort, and attention.
(2) All Human Rights are Aspirational. All rights--not just economic, social and cultural rights--are aspirational in the sense that it takes resources (money, time, effort, attention) to assure their full realization. Human rights reflect a common desire to achieve a particular status in the human condition. If a right had already been fully realized everywhere there would be no purpose in setting it out as a goal.
(3) Respect, Protect, Fulfil (Facilitate), Fulfil (Provide) Categories Can Apply to All Rights. Obligations to respect, protect, fulfil (facilitate), and fulfil (provide) may apply to all kinds of human rights, though perhaps in different proportions. Freedom from hunger must be protected and respected as much as any civil or political right. Similarly, there are many things governments can do to facilitate--as well as respect and protect--civil and political rights.
(4) Fulfil (Provide) as Last Resort. It is assumed that people will normally try to meet their own needs directly, out of their own resources and resourcefulness. Thus it should be sufficient for the government to respect, protect, and facilitate. Usually it is only if these things are not done well that there will be a need for the government to directly fulfill needs. Setting up enabling institutions will be less costly to government than having to feed people directly.
To illustrate, governments may find that the most cost-effective means for preventing children from becoming underweight is through establishing a good immunization program, maintaining effective sewage systems, and educating mothers about family budgeting and food handling. Governments could achieve the required results in different ways, depending on local circumstances. Usually the objective of ending malnutrition can be achieved--and always preferably should be achieved--through effective programs of respecting, protecting, and facilitating the human right to food and nutrition. The cost of direct fulfillment of nutritional needs often can be avoided by helping people meet their own needs.
(5) Assistance Need Not be Very Costly. Many forms of assistance cost little in terms of material resources. To illustrate, the government's helping to identify malnourished individuals may be sufficient to induce the family and the local community to help provide the care, health services, and food needed to bring those individuals to a good nutrition status. Similarly, agricultural extension and nutrition education do not require the delivery of costly products.
(6) Children Don't Eat Much. Small children, who are most vulnerable to malnutrition, do not need large and costly amounts of food. Often their needs can be met by correcting improper diets and providing basic services. Solving the problem of chronic malnutrition usually does not require massive shipments of food. Strong support for breastfeeding can make a big difference.
(7) Need to Cap Entitlements. The cost factor for implementing economic rights should not be exaggerated. However, it should not be minimized either. When establishing clear entitlements in law and policy, it may also be necessary to cap the entitlement, setting an upper limit in some way. Limits might be set by, say, limiting the total number of beneficiaries or by limiting the total budget for specific programs or services. Government officials quite sensibly tend to fear open-ended or uncontrolled commitments. Proposed laws that open the government to potentially unlimited obligations will not be accepted, or if accepted will not be taken seriously.
(8) Inadequate Resources No Excuse. Poor countries are not to be excused from realizing nutritional and other economic, social, and cultural rights on the grounds that they can’t afford it. There is a positive requirement for progressive realization of the goals based on clear plans and the commitment of resources commensurate with the nation’s capacity. In the language of the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights:
The obligation "to achieve progressively the full realization of the rights" requires States parties to move as expeditiously as possible towards the realization of the rights. Under no circumstances shall this be interpreted as implying for States the right to defer indefinitely efforts to ensure full realization. On the contrary, all States parties have the obligation to begin immediately to take steps to fulfill their obligations under the Covenant.
Very poor nations might limit their initial commitment to providing service only to malnourished children under five years of age, while others might immediately guarantee services for all malnourished children up to the age of twelve. These details would have to be worked out. The important thing is to establish the principle that people are entitled to good nutrition as a matter of right, and to design and launch a program that will assure the realization of that right.
In the International Covenant on Economic, Social and Cultural Rights, progressive realization applies generally, in article 2(1), and to education in particular, in articles 13 and 14. In the Convention on the Rights of the Child there are references to progressive realization only in relation to education, in articles 24(4) and 28(1). The concept does not appear in the International Covenant on Civil and Poltical Rights. Nevertheless, it should be understood to apply to all human rights. The Universal Declaration of Human Rights speaks of the need for progressive measures to secure the realization of human rights. There are few circumstances in which any human right can be fully realized instantaneously. It takes work and resources. All human rights must be fully realized as rapidly as possible, taking into account local resources and circumstances.
Continue to VII-e. The Obligation of Good Governance
Subsection VII-d last updated on September 26, 1999