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The essay discusses the significance of social and economic rights, which are essential for human dignity and equitable society, and highlights their recognition in international instruments and Part IV of the Indian Constitution. It outlines key international treaties, such as the ICESCR and UDHR, that emphasize these rights, and explains how the Directive Principles of State Policy in India guide state actions despite being non-justiciable. The document also notes the role of the judiciary in interpreting these rights within the framework of Fundamental Rights, underscoring the importance of continued commitment to social and economic rights for societal transformation.

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0% found this document useful (0 votes)
35 views3 pages

Untitled Document

The essay discusses the significance of social and economic rights, which are essential for human dignity and equitable society, and highlights their recognition in international instruments and Part IV of the Indian Constitution. It outlines key international treaties, such as the ICESCR and UDHR, that emphasize these rights, and explains how the Directive Principles of State Policy in India guide state actions despite being non-justiciable. The document also notes the role of the judiciary in interpreting these rights within the framework of Fundamental Rights, underscoring the importance of continued commitment to social and economic rights for societal transformation.

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alamansar00000
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We take content rights seriously. If you suspect this is your content, claim it here.
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Here's a 700-word essay on "Social and Economic Rights: International Instruments and

Part IV of the Constitution of India":

Social and Economic Rights: International Instruments and Part IV of the


Constitution of India

Social and economic rights form the foundation of a just and equitable society. These rights are
essential for human dignity, sustainable development, and inclusive growth. They include the
right to education, health, work, social security, and an adequate standard of living. Across the
world, these rights have been recognized and reinforced through international instruments. In
India, the core principles of social and economic rights are enshrined in Part IV of the
Constitution, under the Directive Principles of State Policy (DPSPs).

1. Social and Economic Rights: An Overview

Social rights are entitlements related to welfare and the quality of life, such as the right to
education, healthcare, housing, and protection from poverty. Economic rights involve the right to
work, fair wages, equal pay, safe working conditions, and the right to own property. These rights
are crucial in addressing inequalities and ensuring that all individuals have access to basic
resources necessary for a dignified life.

Unlike civil and political rights, which are often directly enforceable through courts, social and
economic rights are considered positive rights, requiring active intervention by the State for
their realization. They involve policy formulation, legislative action, and resource allocation.

2. International Instruments Protecting Social and Economic Rights

Several international treaties and declarations underscore the importance of social and
economic rights:

a. Universal Declaration of Human Rights (UDHR), 1948

The UDHR recognizes social and economic rights in Articles 22 to 27. It asserts the right to
social security, work, rest, leisure, education, and a standard of living adequate for health and
well-being.

b. International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966


The ICESCR is a key legally binding treaty that outlines specific obligations for member states
to protect rights such as:

●​ The right to work and to just and favorable conditions of work (Articles 6–7)
●​ The right to social security (Article 9)
●​ Protection of the family, mothers, and children (Article 10)
●​ The right to an adequate standard of living (Article 11)
●​ The right to health (Article 12)
●​ The right to education (Articles 13–14)

India ratified the ICESCR in 1979, committing to progressively realize these rights within its legal
and policy framework.

c. Other International Instruments

●​ Convention on the Elimination of All Forms of Discrimination Against Women


(CEDAW)
●​ Convention on the Rights of the Child (CRC)
●​ ILO Conventions on Labor Rights

These treaties support the principles of social justice, gender equality, and workers’ rights.

3. Part IV of the Indian Constitution: Directive Principles of State Policy

The Directive Principles of State Policy (Articles 36 to 51) are the Indian embodiment of
social and economic rights. Though non-justiciable (i.e., not enforceable by courts), they serve
as guiding principles for the state in policy-making and governance.

Some key socio-economic provisions under Part IV include:

●​ Article 38: The state shall strive to promote the welfare of the people and reduce
inequalities in income and status.
●​ Article 39: Equal right to livelihood, adequate means of livelihood for all citizens, and
equal pay for equal work for both men and women.
●​ Article 41: Right to work, education, and public assistance in cases of unemployment,
old age, sickness, and disability.
●​ Article 42: Provision for humane working conditions and maternity relief.
●​ Article 43: Living wages for workers and a decent standard of life.
●​ Article 45: Early childhood care and education for children below the age of six.
●​ Article 47: Duty of the state to raise the level of nutrition and improve public health.

These principles draw heavily from the ideals enshrined in the ICESCR and the UDHR.
4. Implementation and Judicial Interpretation

While DPSPs are not enforceable by courts, the Indian judiciary has played an active role in
interpreting Fundamental Rights (Part III) in light of the Directive Principles. In several
landmark cases, the Supreme Court has recognized socio-economic entitlements as implicit in
the right to life under Article 21.

For example:

●​ Olga Tellis v. Bombay Municipal Corporation (1985): The right to livelihood was
interpreted as part of the right to life.
●​ Mohini Jain (1992) and Unni Krishnan (1993): Recognized the right to education as a
fundamental right.
●​ Paschim Banga Case (1996): Right to health was interpreted as part of Article 21.

Additionally, several social welfare schemes and legislations like MNREGA, Right to Education
Act, and National Food Security Act reflect the spirit of the Directive Principles.

5. Conclusion

Social and economic rights are integral to building an inclusive and equitable society. While
international instruments like the ICESCR provide a global framework, Part IV of the Indian
Constitution ensures that these rights are embedded in the national ethos. Though not legally
enforceable, the Directive Principles influence laws, policies, and judicial decisions, making
them powerful tools for social transformation. Continued commitment to these rights is essential
to realizing the constitutional vision of justice—social, economic, and political—for all
citizens.

Let me know if you'd like this tailored to a specific academic format (like footnotes, MLA, or
APA).

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