A Human Rights Approach to Social Justice

• A Human Rights Approach to Social Justice (Mary Robinson)
• Social Justice Makes for Democracy (Professor Stuart Weir)
• Socio-economic rights in practice in South Africa (Danie Brand)
• Economic, social and cultural rights and minorities (Karin Lindahl)

Foreword by Peter Facey

Over the last two decades, there has been a debate in Britain about whether we need a written constitution and/or a modern Bill of Rights. Throughout that debate, advocates of democratic reform have concentrated on the need to enshrine and protect civil and political rights. But there is an inconsistency in our approach to human rights, which seems increasingly at odds with thinking in other parts of the world.

By incorporating the European Convention on Human Rights into British law, the Government accepted that we have basic civil and political rights, which should be legally protected. Yet, it did not incorporate the European Social Charter, which would have afforded the same status to our social and economic rights. In the words of Professor Keith Ewing, “What we have done by incorporating one part of the treaty but not the other part is to say that some rights are more important than others, and that the rights of some people are more important than those of others.”

This pamphlet asks whether incorporating civil and political rights is enough or whether we should also be looking at social and economic rights. For instance, should we be legally entitled to access healthcare and education, food and clean water, housing and social security?

Some countries have already done this. Later in this pamphlet, Danie Brand explains how South Africa has enshrined certain socio-economic entitlements in its constitution. There, the government is obliged to take affirmative action to realise citizens’ rights to a safe and healthy environment, equitable access to land, adequate housing, health care, social assistance, education, food and water. This is a radical approach, from which we could potentially learn a great deal.

In order to consider how a human rights approach to social justice might work in the UK, Unlock Democracy organised a seminar in association with Democratic Audit and the Human Rights Centre at the University of Essex.

The seminar brought together leading thinkers and practitioners from around the world and produced an engaging and lively debate. This pamphlet is based on the speeches given at that seminar and our thanks are due to our hosts for the day, Clifford Chance.

I was especially pleased that Mary Robinson could join us. Her experience of the different conceptions of human rights throughout the world allowed us to enter the discussion with a far wider perspective than would otherwise have been the case.

I believe that this is a very important debate to have in Britain and hope that this pamphlet succeeds in taking it forward.

Peter Facey is the Director of Unlock Democracy.