Social rights
Encyclopedia
Economic, social and cultural rights are socio-economic
human rights
, such as the right to education
, right to housing
, right to adequate standard of living and the right to health
. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.
The Universal Declaration on Human Rights recognises a number of economic, social and cultural rights and the International Covenant on Economic, Social and Cultural Rights
(ICESCR) is the primary international legal source of economic, social and cultural rights. The Convention on the Rights of the Child
and the Convention on the Elimination of All Forms of Discrimination Against Women
recognises and protects many of the economic, social and cultural rights recognised in the ICESCR in relation to children and women. The Convention on the Elimination of All Forms of Racial Discrimination
prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Rights of Persons with Disabilities
also prohibits all discrimination on the basis of the disability including refusal of the reasonable accommodation
relating to full enjoyment of economic, social and cultural rights.
in Article 22, the right to work
in Article 23, the right to rest and leisure in Article 24, the right to an adequate standard of living
in Article 25, the right to education
in Article 26, and the right to benefits of science and culture in Article 27.
The International Covenant on Economic, Social and Cultural Rights
(ICESCR) is the primary international legal source of economic, social and cultural rights. The Covenant recognized and protects the right to work
and to just and favorable working conditions in Article 6 and 7, the right to join trade unions and take collective labor action in Article 8, the right to social security
in Article 9, the right to protection of the family, including protection for mothers and children, in Article 10, the right to an adequate standard of living
, including the right to food
and the right to housing
, in Article 11, the right to health
in Article 12, the right to education
in Article 13, as well as the right to participate in cultural life and the right to benefits of science and culture in Article 15. The International Covenant on Civil and Political Rights
, adopted at the same time as the ICESCR, recognizes and protects a number of core economic, social and cultural rights, including the right to join trade unions in Article 22, and the right of ethnic, religious or linguistic minorities to engage in their culture, practice their religion and use their language in Article 27.
A number of other major international human rights instruments contain provisions relating to economic, social and cultural rights. The Convention on the Rights of the Child
recognizes and protects many of the economic, social and cultural rights recognized in the ICESCR in relation to children. Including the right to health
in Article 24, the right to social security
in Article 25, the right to an adequate standard of living in Article 27, the right to education
in Article 28, and the right to protection from economic exploitation (see child labour) in Article 32. The Convention on the Elimination of All Forms of Racial Discrimination
prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Elimination of All Forms of Discrimination Against Women affirms a range of economic, social and cultural rights to women. The ILO Conventions of the International Labour Organisation (ILO) protect a range of work related economic, social and cultural rights.
protects the right to work
in Article 15, the right to health
in Article 16, and the right to education
in Article 17. The European Social Charter
protects a wide range of economic, social and cultural rights, including the right to work
, to favourable working conditions, the right to join trade unions and to take collective labour action in Article 1 to 10, the right to health
in Article 11, the right to social security
, including the right to medical assistance and the right to social welfare services, in Article 12 to 14, and protection of especially vulnerable groups are enshrined in Article 15 to 17 and 19. The Protocol of San Salvador protects a range of economic, social and cultural rights within the Inter-American human rights system.
(ICESCR). The Committee has been central in developing the normative definition of key economic, social and cultural rights, interpreting the role of State Parties to the ICESCR, and monitoring protection and violation of the ICESCR rights. The Committee issues guiding pronouncements in the form of general comments, and other human rights treaty bodies may also issue comments relevant to economic, social and cultural rights.
Other important secondary legal sources on economic, social and cultural rights are the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights 1987 and the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights 1997. The Limburg Principles have been extensively used in national legal systems as an interpretive tool for establishing violations of economic, social and cultural rights. The Maastricht Guidelines build on the Limburg Principles and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. Various United Nations Special Rapporteurs have influenced the normative development of economic, social and cultural rights. Appointed by the Commission on Human Rights and its sub-commissions, key rapporteurs include the Special Rapporteur on the Realization of Economic, Social and Cultural Rights, the Special Rapporteur on the Right to Adequate Housing, the Special Rapporteur on the Right to Education, and the Special Rapporteur on Violence Against Women.
cases). India's constitution, which does not explicitly recognize economic and social rights in their constitution, has nonetheless found that these rights exist, though unenumerated
, inferable from the right to life.
(ICESCR).
State parties to the ICESCR are required to take "progressive action" towards fulfilment of the ICESR rights. While immediate fulfilment may not be possible due to the economic situation of a country, postponement of proactive action is not permitted. State parties must show genuine efforts to secure the economic, social and cultural rights enshrined in the ICESCR. The burden of proof for progressive action is considered on be with the state party. The prohibition on discrimination in relation to economic, social and cultural rights is regarded as having immediate effect. State parties must abolish laws, policies and practices which effect the equal enjoyment of economic, social and cultural rights and take action to prevent discrimination in public life. All state parties, regardless of the economic situation in the country or resource scarcity, are required to ensure respect for minimum subsistence rights for all. State parties must also ensure that available resources are accessed and used equitably. Therefore government decisions on how to allocate resources should be subject to scrutiny. Legislative measures alone are not sufficient to ensure compliance with the ICESCR and state parties are expected to provide judicial remedies in addition to taking administrative, financial, educational and social measures.
's theory of three generations of human rights
, economic, social and cultural rights are considered second-generation rights, while civil and political rights, such as freedom of speech
, right to a fair trial
, and the right to vote, are considered first-generation rights. The theory of negative and positive rights
considers economic, social and cultural rights positive rights.
there is no such thing as “a right to a job”—there is only the right of free trade, that is: a man’s right to take a job if another man chooses to hire him. There is no “right to a home,” only the right of free trade: the right to build a home or to buy it. There are no “rights to a ‘fair’ wage or a ‘fair’ price” if no one chooses to pay it, to hire a man or to buy his product. There are no “rights of consumers” to milk, shoes, movies or champagne if no producers choose to manufacture such items (there is only the right to manufacture them oneself). There are no “rights” of special groups, there are no “rights of farmers, of workers, of businessmen, of employees, of employers, of the old, of the young, of the unborn.” There are only the Rights of Man—rights possessed by every individual man and by all men as individuals. If some men are entitled by right to the products of the work of others, it means that those others are deprived of rights and condemned to slave labor. Any alleged “right” of one man, which necessitates the violation of the rights of another, is not and cannot be a right. The end does not justify the means. No one’s rights can be secured by the violation of the rights of others. No man can have a right to impose an unchosen obligation, an unrewarded duty or an involuntary servitude on another man. There can be no such thing as “the right to enslave.”
Socioeconomics
Socioeconomics or socio-economics or social economics is an umbrella term with different usages. 'Social economics' may refer broadly to the "use of economics in the study of society." More narrowly, contemporary practice considers behavioral interactions of individuals and groups through social...
human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, such as the right to education
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...
, right to housing
Right to housing
The right to housing is the economic, social and cultural right to adequate housing and shelter. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...
, right to adequate standard of living and the right to health
Right to health
The right to health is the economic, social and cultural right to the highest attainable standard of health. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...
. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.
The Universal Declaration on Human Rights recognises a number of economic, social and cultural rights and the International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
(ICESCR) is the primary international legal source of economic, social and cultural rights. The Convention on the Rights of the Child
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
and the Convention on the Elimination of All Forms of Discrimination Against Women
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
recognises and protects many of the economic, social and cultural rights recognised in the ICESCR in relation to children and women. The Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Elimination of All Forms of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races...
prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Rights of Persons with Disabilities
Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities...
also prohibits all discrimination on the basis of the disability including refusal of the reasonable accommodation
Reasonable accommodation
A reasonable accommodation is an adjustment made in a system to "accommodate" or make fair the same system for an individual based on a proven need. Accommodations can be religious, academic, or employment related and are often mandated by law. Each country has its own system of reasonable...
relating to full enjoyment of economic, social and cultural rights.
International and regional human rights instruments
Economic, social and cultural rights are recognized and protected in a number of international and regional human rights instruments.International human rights instruments
The Universal Declaration on Human Rights (UDHR), adopted by the UN General Assembly in 1948, is one of the most important sources of economic, social and cultural rights. It recognizes the right to social securityRight to social security
The right to social security is recognized as a human right and establishes the right to social security assistance for those unable to work due to sickness, disability, maternity, employment injury, unemployment or old age...
in Article 22, the right to work
Right to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so...
in Article 23, the right to rest and leisure in Article 24, the right to an adequate standard of living
Right to an adequate standard of living
The right to an adequate standard of living is recognized as a human right and is understood to establish a minimum entitlement to food, clothing and housing at a subsistence level. The right to food and the right to housing have been further defined in human rights instruments...
in Article 25, the right to education
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...
in Article 26, and the right to benefits of science and culture in Article 27.
The International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
(ICESCR) is the primary international legal source of economic, social and cultural rights. The Covenant recognized and protects the right to work
Right to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so...
and to just and favorable working conditions in Article 6 and 7, the right to join trade unions and take collective labor action in Article 8, the right to social security
Right to social security
The right to social security is recognized as a human right and establishes the right to social security assistance for those unable to work due to sickness, disability, maternity, employment injury, unemployment or old age...
in Article 9, the right to protection of the family, including protection for mothers and children, in Article 10, the right to an adequate standard of living
Right to an adequate standard of living
The right to an adequate standard of living is recognized as a human right and is understood to establish a minimum entitlement to food, clothing and housing at a subsistence level. The right to food and the right to housing have been further defined in human rights instruments...
, including the right to food
Right to food
The right to food, and its variations, is a human right derived from the International Covenant on Economic, Social and Cultural Rights...
and the right to housing
Right to housing
The right to housing is the economic, social and cultural right to adequate housing and shelter. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...
, in Article 11, the right to health
Right to health
The right to health is the economic, social and cultural right to the highest attainable standard of health. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...
in Article 12, the right to education
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...
in Article 13, as well as the right to participate in cultural life and the right to benefits of science and culture in Article 15. The International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
, adopted at the same time as the ICESCR, recognizes and protects a number of core economic, social and cultural rights, including the right to join trade unions in Article 22, and the right of ethnic, religious or linguistic minorities to engage in their culture, practice their religion and use their language in Article 27.
A number of other major international human rights instruments contain provisions relating to economic, social and cultural rights. The Convention on the Rights of the Child
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
recognizes and protects many of the economic, social and cultural rights recognized in the ICESCR in relation to children. Including the right to health
Right to health
The right to health is the economic, social and cultural right to the highest attainable standard of health. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...
in Article 24, the right to social security
Right to social security
The right to social security is recognized as a human right and establishes the right to social security assistance for those unable to work due to sickness, disability, maternity, employment injury, unemployment or old age...
in Article 25, the right to an adequate standard of living in Article 27, the right to education
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...
in Article 28, and the right to protection from economic exploitation (see child labour) in Article 32. The Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Elimination of All Forms of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races...
prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Elimination of All Forms of Discrimination Against Women affirms a range of economic, social and cultural rights to women. The ILO Conventions of the International Labour Organisation (ILO) protect a range of work related economic, social and cultural rights.
Regional human rights instruments
The African Charter on Human and Peoples' RightsAfrican Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent....
protects the right to work
Right to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so...
in Article 15, the right to health
Right to health
The right to health is the economic, social and cultural right to the highest attainable standard of health. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...
in Article 16, and the right to education
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...
in Article 17. The European Social Charter
European Social Charter
The European Social Charter is a Council of Europe treaty which was adopted in 1961 and revised in 1996. The Revised Charter came into force in 1999 and is gradually replacing the initial 1961 treaty...
protects a wide range of economic, social and cultural rights, including the right to work
Right to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so...
, to favourable working conditions, the right to join trade unions and to take collective labour action in Article 1 to 10, the right to health
Right to health
The right to health is the economic, social and cultural right to the highest attainable standard of health. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.- Definition :...
in Article 11, the right to social security
Right to social security
The right to social security is recognized as a human right and establishes the right to social security assistance for those unable to work due to sickness, disability, maternity, employment injury, unemployment or old age...
, including the right to medical assistance and the right to social welfare services, in Article 12 to 14, and protection of especially vulnerable groups are enshrined in Article 15 to 17 and 19. The Protocol of San Salvador protects a range of economic, social and cultural rights within the Inter-American human rights system.
Secondary legal sources
A range of secondary legal sources exist on economic, social and cultural rights which provide guidance on their normative definition. An important secondary legal source is the United Nations Committee on Economic, Social and Cultural Rights which is overseeing the implementation of the International Covenant on Economic, Social and Cultural RightsInternational Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
(ICESCR). The Committee has been central in developing the normative definition of key economic, social and cultural rights, interpreting the role of State Parties to the ICESCR, and monitoring protection and violation of the ICESCR rights. The Committee issues guiding pronouncements in the form of general comments, and other human rights treaty bodies may also issue comments relevant to economic, social and cultural rights.
Other important secondary legal sources on economic, social and cultural rights are the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights 1987 and the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights 1997. The Limburg Principles have been extensively used in national legal systems as an interpretive tool for establishing violations of economic, social and cultural rights. The Maastricht Guidelines build on the Limburg Principles and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. Various United Nations Special Rapporteurs have influenced the normative development of economic, social and cultural rights. Appointed by the Commission on Human Rights and its sub-commissions, key rapporteurs include the Special Rapporteur on the Realization of Economic, Social and Cultural Rights, the Special Rapporteur on the Right to Adequate Housing, the Special Rapporteur on the Right to Education, and the Special Rapporteur on Violence Against Women.
National constitutions
A number of national constitutions recognize economic, social and cultural rights. For example, the 1996 South African Constitution includes economic, social and cultural rights and the South African Constitutional Court has heards claims under these obligations (see Grootboom and Treatment Action CampaignTreatment Action Campaign
The Treatment Action Campaign is a South African AIDS activist organization which was founded by the HIV-positive activist Zackie Achmat in 1998. TAC is rooted in the experiences, direct action tactics and anti-apartheid background of its founder...
cases). India's constitution, which does not explicitly recognize economic and social rights in their constitution, has nonetheless found that these rights exist, though unenumerated
Unenumerated rights
Unenumerated rights are sometimes defined as legal rights inferred from other legal rights that are officiated in a retrievable form codified by law institutions, such as in written constitutions, but are not themselves expressly coded or "enumerated" among the explicit writ of the law. ...
, inferable from the right to life.
State responsibility
Economic, social and cultural right enshrined in international and regional human rights instruments are legally binding. Member states have a legal obligation to respect, protect and fulfil these rights. The exact nature of states' obligations in this respect has been established principally in relation to the International Covenant on Economic, Social and Cultural RightsInternational Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
(ICESCR).
State parties to the ICESCR are required to take "progressive action" towards fulfilment of the ICESR rights. While immediate fulfilment may not be possible due to the economic situation of a country, postponement of proactive action is not permitted. State parties must show genuine efforts to secure the economic, social and cultural rights enshrined in the ICESCR. The burden of proof for progressive action is considered on be with the state party. The prohibition on discrimination in relation to economic, social and cultural rights is regarded as having immediate effect. State parties must abolish laws, policies and practices which effect the equal enjoyment of economic, social and cultural rights and take action to prevent discrimination in public life. All state parties, regardless of the economic situation in the country or resource scarcity, are required to ensure respect for minimum subsistence rights for all. State parties must also ensure that available resources are accessed and used equitably. Therefore government decisions on how to allocate resources should be subject to scrutiny. Legislative measures alone are not sufficient to ensure compliance with the ICESCR and state parties are expected to provide judicial remedies in addition to taking administrative, financial, educational and social measures.
Monitoring, enforcement and implementation framework
Intergovernmental organisations and non-governmental organisations (NGOs) have persistently neglected economic, social and cultural rights over the past 50 years. While all human rights are said to be "equal, indivisible, interrelated, and interdependent", the monitoring, enforcement and implementation framework for economic, social and cultural rights is less advanced than that for civil and political rights. International enforcement mechanisms are strongest for civil and political rights, and their violation is considered more serious than that of economic, social and cultural rights. There are few international NGOs that focus on economic, social and cultural rights and there are few lawyers who have the knowledge or experience to defend economic, social and cultural rights at a national or international level. Economic, social and cultural rights are less likely than civil and political rights to be protected in national constitutions.Advocacy
Networking groups such as ESCR-Net are working to create online resources and spread information about effective cases, initiatives, and working groups promoting ideals and celebrating victories of human rights initiatives and the Optional Protocol. Currently, human rights advocacy groups are working diligently to fine-tune rules, regulations and implementation schemes; little news of complaint successes or failures is available. The Centre on Housing Rights and Evictions (COHRE) has helped to establish the Housing and Property Directorate (HPD/HPCC) in Kosovo.Theory of rights
According to Karel VasakKarel Vasak
Karel Vašák is a Czech-French international official and university professor.Vasak was born in Czechoslovakia and later moved to France to study law. He decided to remain there after the Soviet invasion of Czechoslovakia in 1968...
's theory of three generations of human rights
Three generations of human rights
The division of human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Human Rights in Strasbourg. He used the term at least as early as November 1977...
, economic, social and cultural rights are considered second-generation rights, while civil and political rights, such as freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, right to a fair trial
Right to a fair trial
The right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
, and the right to vote, are considered first-generation rights. The theory of negative and positive rights
Negative and positive rights
Philosophers and political scientists make a distinction between negative and positive rights . According to this view, positive rights permit or oblige action, whereas negative rights permit or oblige inaction. These permissions or obligations may be of either a legal or moral character...
considers economic, social and cultural rights positive rights.
Criticism
According to Ayn RandAyn Rand
Ayn Rand was a Russian-American novelist, philosopher, playwright, and screenwriter. She is known for her two best-selling novels The Fountainhead and Atlas Shrugged and for developing a philosophical system she called Objectivism....
there is no such thing as “a right to a job”—there is only the right of free trade, that is: a man’s right to take a job if another man chooses to hire him. There is no “right to a home,” only the right of free trade: the right to build a home or to buy it. There are no “rights to a ‘fair’ wage or a ‘fair’ price” if no one chooses to pay it, to hire a man or to buy his product. There are no “rights of consumers” to milk, shoes, movies or champagne if no producers choose to manufacture such items (there is only the right to manufacture them oneself). There are no “rights” of special groups, there are no “rights of farmers, of workers, of businessmen, of employees, of employers, of the old, of the young, of the unborn.” There are only the Rights of Man—rights possessed by every individual man and by all men as individuals. If some men are entitled by right to the products of the work of others, it means that those others are deprived of rights and condemned to slave labor. Any alleged “right” of one man, which necessitates the violation of the rights of another, is not and cannot be a right. The end does not justify the means. No one’s rights can be secured by the violation of the rights of others. No man can have a right to impose an unchosen obligation, an unrewarded duty or an involuntary servitude on another man. There can be no such thing as “the right to enslave.”
See also
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- Rule according to higher lawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...