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Across British society, but particularly among the poorest and most economically vulnerable, quality of life is deteriorating. From rising energy prices and inflation to an inability to access timely healthcare, these problems touch on multiple policy areas. Solving these issues requires a long-term vision for an effective economy and a fairer society. If the next government is to articulate and work towards such a vision, it should start looking at social and economic challenges not only through the prism of policy, but also from the perspective of human rights.
This means changing the way we think about rights, from mainly civil and political (eg, freedom of speech and the right to vote) towards the inclusion of economic, social and cultural rights (ESCRs). Under the
International Covenant on Economic, Social and Cultural Rights (ICESCR), these include such things as the rights to work, to social security, to an adequate standard of living, to food and housing, to healthcare and to education.
Why should we think about these issues as human rights?
By the time the UK ratified the ICESCR in 1976, it had already established a comprehensive welfare state. This remains a pillar of British society today: the NHS, free primary and secondary education, and support for people who are sick, disabled and/or unemployed are embedded in our cultural and political fabric, as shown by the significance of these issues come election time.
Thinking of housing and healthcare as legal rights rather than just political entitlements is more than just a change in language. It reflects the idea that ESCRs represent the issues that bear most heavily on society and determine people’s day-to-day quality of life. These rights are among the essentials of a compassionate society, enabling individuals to achieve their full potential and to participate in and belong to society. Safeguards against poverty and illness are as important as freedom of speech and the right to vote. In fact, the ability to exercise political rights often depends on freedom from socio-economic insecurity.
The idea that such policy commitments should be crystallised into rights, and the role that these rights play in producing a thriving society, has already been recommended and recognised by the 2022 report of the Commission on the UK’s Future, chaired by Gordon Brown.
1A new Britain: renewing our democracy and rebuilding our economy, Labour party, December 2022.How could these rights be enforceable in the UK?
Although the UK ratified the ICESCR in 1976, the treaty has not been incorporated into domestic law, which means that it is not directly enforceable. One way to make ESCRS directly enforceable would be to pass domestic legislation to incorporate the ICESCR, similar to how the Human Rights Act (HRA) 1998 incorporated the European Convention on Human Rights.
The Scottish government has
proposed a Scottish Human Rights Bill that seeks to incorporate four crucial international human rights treaties, including the ICESCR, into domestic law. This would allow individuals to use rights contained in international law, such as the rights to adequate food and housing, to challenge inadequate and unlawful decisions.
Another example of legislatures introducing ways to enhance and secure social and economic security is in Wales, where the Welsh Assembly has brought into force the socio-economic duty in Part 1 of the Equality Act (EA) 2010. This enables people to hold public bodies accountable for their consideration of the socio-economic impacts of their strategic decisions. The duty operates alongside legislation such as the Well-being of Future Generations (Wales) Act 2015, which was passed to tackle structural causes of disadvantage, including poverty, health inequality and even climate change.
If legislation is the chosen route, it is important to recognise that rights are most powerful when used upfront to prevent poor and unlawful decisions being made in the first place. Litigation, which often is only started when a breach of rights has already happened, should be a last resort.
There is also a role for ‘soft’ enforcement and recognising the role of human rights – including ESCRs – in setting standards for the conduct of public bodies. Research shows, for example, that certain ombuds are expanding their use of human rights instruments, including the HRA 1998 and the EA 2010, in their reports.
2Lee Marsons, ‘Developing an ombuds human rights practice’, Essex CAJI, 15 April 2024. This could bode well for a future of administrative practice that embeds ESCR concerns into early decision-making.
The time has come for these human rights to be considered in a meaningful way. There is more opportunity to do so now than ever before, as evidenced by the ample domestic and international frameworks that can be used as starting points. The state has tremendous potential and power to do good – the next government must begin to think creatively and consultatively about the future of all rights in the UK.