1. Introduction
Economic, Social and Cultural Rights (ESCR) are a set of human rights that guarantee the conditions for people to live with dignity. They include the rights to;
adequate food and water, adequate housing, education, health, social security, work, take part in cultural life, a healthy environment, protection from pollution and ecological degradation. [1]
These rights can be adapted and applied through domestic laws and can be enforced by courts.
ESCR are protected by international, regional and national treaties. States that have ratified these treaties are obligated to respect, protect and fulfill these rights. [2]
2. The International Convention on Economic, Social and Cultural Rights
The International Convention on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly on 16th December, 1966 and it came into force on 3rd January, 1976. It commits its parties to work towards granting of economic, social and cultural rights (ESCR).[3]
3. The United Nations Convention on the Rights of the Child (UNCRC)
The United Nations Convention on the Rights of a Child (UNCRC) is rooted in basic values about treatment of children, their protection and participation in the society which is guided by four key beliefs:
- All the rights guaranteed by UNCRC must be available to all children without discrimination of any kind (Article 2)
- The best interest of the child must be a primary consideration in all actions concerning children (Article 3)
- Every child has the right to life, survival and development ( Article 6)
- The child’s view must be taken into consideration in all matters relating to them(Article 12)
Other articles of the Convention on the Rights of the Child dealing with economic rights include;
I) Social security (article 26): The child has the right to benefit from social security including social insurance.
II) Standard of living (article 27): Every child has the right to a standard of living adequate for his or her physical, mental, spiritual, moral and social development.
Parents have the primary responsibility to ensure that the child has an adequate standard of living. The States duty to ensure that this responsibility is fully implemented. State responsibility can include material assistance to parents and their children.
III) Child labor (article 32): The child has the right to be protected from work that threatens his or her health, education or development. The State shall set minimum ages for employment and regulate work conditions.
4. Promoting Economic, Social and Cultural Rights using Domestic Legal Mechanisms
Three important factors impeding effective promotion and protection of economic, social and cultural rights in most jurisdictions, in particular, common law jurisdictions such as Nigeria.
The first, arising from the classification of rights in international law is the wide conception that economic, social and cultural rights unlike civil and political rights are not justiciable.
Closely following this reasoning is yet a wider conception that the provisions of fundamental objectives and directive principles of state policies, in most modern written constitutions, are economic social and cultural rights provisions and are therefore by constitutions, non-justiciable.
The third factor is the provision of the very international treaty that codified economic, social and cultural rights which provides that the economic, social and cultural rights should be realized or implemented progressively. [4]The justification for this is said to be that economic, social and cultural rights require financial and material resources and that international law or municipal legislature would not impose financial obligations with the financial implications on the government. Each government should, therefore, fashion out how she would realize the economic, social and cultural rights based on the resources available to it.
5. Children and the Sustainable Development Goals
For 15 years, the Millennium Development Goals (MDGs) were a guiding force on many issues affecting the lives of children, young people and their families. Over this time, tremendous progress was made in reducing preventable child deaths, getting more children into schools, reducing extreme poverty and ensuring more people have access to safe water and nutritious food.
However, progress has been uneven and many of the most pressing issues for the world – including addressing inequalities, promoting inclusive economic growth, protecting children from violence and combating climate change — were not adequately covered in the MDGs.
6. The Right to Play as an Economic and Social Right
6.1. Cognitive Development
The role of play in assisting the cognitive development of the child can be broken down into four key areas: literacy, mathematics, problem-solving and creativity.
The right to education is central to the notion of both the economic and social rights as ‘if children receive a basic primary education, they will be literate and numerate and will have the basic social and life skills necessary to secure a job, to be an active member of a peaceful community, and to have a fulfilling life’ (Lee, 2013: 1; Beetham, 1995: 48)
This provides the individual with a resource necessary to access future wealth (economic), the resources necessary to be autonomous, have a minimal standard of wellbeing and participate in society (social).
A right to education is ‘necessary’ for basic economic and social participation because one cannot engage with any sense of self- respect. [5]
The realization of children’s rights to play enables individuals to access future wealth by providing them with the skills necessary to succeed in the world of work.
Beyond access to future wealth through engagement with the labor market, the ability to solve problems and think creatively is vital in assisting and developing the autonomy of an individual. Autonomy requires that an individual can decide how they want to lead their lives and act on their decisions.
6.2. Social Development
There are two substantial ways in which play assists social development: learning how to interact with others, and making sense of the world and social roles. When children play, they engage with peers and adults around them, facilitating a growth of social understanding and development of social skills vital for social interaction and competence into adulthood.
6.3. Emotional Development
Emotional development is commonly associated with ‘emotional intelligence’. This ‘refers to an ability to recognize the meanings of emotions and their relationships, and to reason and problem-solve on the basis of them, it is involved in the capacity to perceive emotions, assimilate emotion- related feelings, understand the information of those emotions, and manage them’.
6.4. Physical Development
Play has a valuable role in children’s physical development; simply put, ‘a smile on the face of a playing child reflects multiple physiologic processes in the body that can improve health[6]
7. The Right to Play and Cultural Rights
Through play, children incorporate cultural information in a unique and special way. Children’s play does more than reproduce culture; it is also the forum for the development of new culture. [7]
8. Recommendations for Achieving Social, Economic and Cultural Rights of Children
- Ensure minimum core obligations: States must ensure that children have access to basic needs like food, shelter and education.
- Prohibit discrimination: States must ensure that their policies and laws do not discriminate against children.
- Protect children from exploitation: States must prohibit the employment of children in dangerous, harmful or exploitative work.
- Provide remedies: States should ensure that there are consequences for violating children’s rights.
- Create opportunities for children to be heard: States should create opportunities for children to express their views.
- Promote global cooperation: States should promote cooperation to ensure realization of children’s rights globally.
- Establish interdepartmental bodies: States can establish bodies to address child’s rights.
- Develop national agendas: States can develop national agendas for children.
Solutions for national agendas achieving social, economic and cultural rights for children.
- Change social norms that accept, justify or disregard violence. Use awareness campaigns to abolish socio-cultural practices that are harmful to children.
- Provide support services: Provide accessible and quality support services for children at risk.
- Strengthen child protection systems: Strengthen legislative and institutional frameworks to protect children from violence, abuse and exploitation.
- Improve access to essential services: Ensure children have access to social essential services including education, health care and nutrition.
- Access to justice and effective remedies should be effectively implemented as the best interest of the child must be a primary consideration.
- Promote ombudsmen: States can provide ombudsmen for children.
9. Conclusion
In Nigeria, the challenges in the implementation of the economic, social and cultural rights of children revolves around locus standi, justiciability and access to justice
The enforcement of social, economic and cultural rights are dependent on both the language of constitutional rights and the willingness of the judiciary to review the constitutionality of the legal rules relating to social, economic and cultural rights.
[1] Economic, Social and Cultural Rights
Accessed 1st November, 2024
[2] International Justice Resource Center, Economic, Social and Cultural Rights
Accessed 1st November, 2024
[3] https://legal.un.org/avl/ha/icescr/icescr.html
International Covenant on Economic, Social and Cultural Rights Introductory Note by Monica Pinto Professor Emeritat University of Buenos Aires Law School
Accessed 11th November, 2024
[4] Learn Nigerian Law, Economic, Social and Cultural Rights https://www.learnnigerianlaw.com/learn/human-rights/ecosoc
Accessed 11th November, 2024
[5] “Establishing a Right to Play as an Economic, Social and Cultural Right”
In: International Journal of Children’s Rights
Author: Naomi Lott
Online publication date: 22 August, 2022
https://brill.com/view/journals/chil/30/3/article-p755_007.xml?language=en
Accessed 30th October, 2024
[6] Ibid.
https://brill.com/view/journals/chil/30/3/article-p755_007.xml?language=en
Accessed 11th November,2024
[7] Ibid.
