aspects of rights related to work. This part of international human rights law is
often neglected in human rights textbooks and teaching, and indeed is often
omitted from the work done by national human rights institutes and by nongovernmental
organizations concerned with human rights, as though it were a
separate discipline that did not fall properly into the human rights field. This is
a commonly held, but erroneous, misconception based on three factors,
The first is the politically-driven division of human rights into civil and
political rights (CP) on the one hand, and economic, social and cultural rights
(ESC) on the other. This was founded in the ideological conflicts of the Cold
War, and consolidated by the adoption of the two major—but separate—
human rights Covenants in 1966. There were superficially credible reasons for
the distinctions drawn between these so-called categories of rights, based in
the emphasis given to one or other set by the ‘East’ and ‘West’ because each
side privileged one category of rights over the other. The ‘West’ took the position
that economic, social and cultural rights would flow from political freedoms,
while the ‘East’—unwilling to accord civil and political liberties to their
citizens—took the position that it was most important to ensure economic
stability and wellbeing before venturing into the dangerous waters of
democracy.
The second, though related, reason is based in the Western notion of individual
rights being the only ones that can properly be called human rights.
Collective rights—which are characteristic of many ESC rights—cannot in
this view properly be called human rights. This is still today the more or less
official position of the United States, the United Kingdom and a few others in
international discussions. Another aspect of this same question is the notion
that ESC rights could not be achieved without economic development, while
CP rights are accessible for every nation without financial cost—another
flawed assumption, discussed in more detail below.