New Delhi, 29 November 2005

Dr. Justice A.S. Anand has called on the National Human Rights
Institutions to address violations of Economic, Social and Cultural
Rights as forcefully as they address those of civil and political
rights. In his opening remarks at the Round Table for National Human
Rights Institutions on ways to implement Economic, Social and Cultural
Rights which got off to a start in New Delhi this morning, Justice
Anand said the political freedom would not have much of significance
of meaning for the teeming millions of people in various countries who
suffer from poverty and all social evils flowing from it unless
economic, social and cultural rights are assured to them. Quoting
from the Human Development Report 2005 he pointed out that there exist
massive inequalities, more particularly in the developing countries,
which render the enjoyment of Human Rights rather illusory. With over
one-fifth of the world's population continuing to suffer from hunger,
poverty, lack of health-care facilities and illiteracy, there is today
an urgent need to seek means by which these rights can be enforced if
the States fail to comply with the obligations they have voluntarily
undertaken, he said.
Observing that in democratic societies, fundamental human rights are
broadly classified into civil and political rights on the one hand
and economic, social and cultural rights on the other he emphasized
that the object of both sets of rights is to make an individual an
effective participant in the affairs of the society. Unless both
sets of rights are available, neither full development of the human
personality can be achieved nor can it be said that true democracy
exists. Unfortunately, Justice Anand stated protection of economic,
social and cultural rights compared to the protection of civil and
political rights, both at the national and international level, has
been poor and irregular. In this, Justice Anand opined that the
National Human Rights Institutions have a great role to play to
correct the fallacy of treating one set of rights as inferior to the
other set of rights, so that they can implement economic, social and
cultural rights in the political and social contexts in which they
operate.
While thanking to the Indian judiciary, he pointed out to how the
courts in India have been reading Civil and Political Rights into the
Economic, Social and Cultural Rights by construing the two sets of
rights harmoniously i.e. by expanding the concept of "right to life
and liberty" to mean the right to live with human dignity and all
that goes with it. The courts in India, he stated, have related
health care, food security and elementary education with "Right to
Life" and thereby ensured their "enforceability".
Observing that the National Human rights Commission, India accepts
indivisibility and inter-related nature of the two sets of rights
for full development of human personality; he said that to
effectively implement economic, social and cultural rights, a rights
based approach needs to be adopted.
Mr. Orest Nowosad, Co-ordinator, National Institutions Unit, Office
of the High Commissioner for Human Rights while addressing the
participants from the 24 countries highlighted the role of National
Human Rights Institutions in addressing Economic, Social and
Cultural Rights, He called on them to adopt a proactive approach to
challenge stereotypes. He voiced his concern on the cultural and
social practices that prohibit enjoyment of Economic, Social and
Cultural Rights. He wrapped his address on the hope that
participants at the 3-day Round Table Meet would benefit from their
interaction.
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