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The right to rest and leisure is the economic, social and cultural right to adequate time away from work and other societal responsibilities. It is linked to the right to work and historical movements for legal limitations on working hours. Today, the right to leisure and rest, including sleep and breaks, is recognised in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and in many regional texts such as the African Charter on the Rights and Welfare of the Child.
The movement for a recognised right to rest, play and have leisure time. can be traced back to the 19th century and the eight-hour day movement. As early as 1856, stonemasons working at the University of Melbourne in Australia put down their tools until demands for reduced working hours were accepted. The ensuing guarantee of a maximum eight-hour workday is one of the earliest examples of legal protection against too much work, which today we recognise as the right to rest and leisure. The motto of the Australian Stonemasons in 1856 was as follows: [1]
Eight hours to work, Eight hours to play, Eight hours to sleep, Eight bob a day. A fair day’s work, For a fair day’s pay.
Whilst Australia was one of the earliest countries to enjoy universal working hour limitations (an implied right to leisure), throughout the 20th century many other countries began to pass similar laws limiting the number of hours one can work.
The modern notion of a right to rest and leisure is recognised in article 24 of the Universal Declaration of Human Rights which states: [2]
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
The International Covenant on Economic, Social and Cultural Rights recognises in part III, Article 7: [3]
Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays.
The Right to Leisure has also been recognised in article 31 of the Convention on the Rights of the Child, and article 12 of the African Charter on the Rights and Welfare of the Child, both recognising the: [3] [4]
Right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts.
The Right to Leisure is considered an economic, social and cultural right, as opposed to a civil and political right. The right to rest and leisure is connected to the right to work, which is provided for by Article 23 of the Universal Declaration of Human Rights, and article 6.3 of the International Covenant on Economic, Social, and Cultural Rights. Where the right to work provides a right to work, the right to rest and leisure protects individuals from too much work.
The Committee on Economic, Cultural, and Social Rights has made no general comment on article 7 of the International Covenant on Economic, Social, and Cultural Rights. Therefore, there is no universal agreement on the specific obligations of states in relation to the right to rest and leisure, and "no common conception of these terms that may be formally assumed". [5] Nonetheless, states do still have responsibilities in relation to the right to rest and leisure
Despite the ambiguous language of article 24 of the Universal Declaration of Human Rights, States do have obligations and responsibilities in relation to the right to leisure. The body of texts published by the Committee on Economic, Social, and Cultural Rights has established that in relation to all rights, including the right to rest and leisure, States have an obligation to respect, protect and fulfil.
The respect, protect and fulfil principle constitutes the core state obligation in relation to economic, cultural and social rights, including the right to leisure: [6]
Governments and other duty bearers are under an obligation to respect, protect and fulfil human rights.
Based on the definition of respect, protect and fulfil principle outlined in the Committee on Economic, Social, and Cultural Rights' general comment No. 14, [7] the obligation to respect requires States to refrain from interfering directly or indirectly with the enjoyment of the right to leisure. The obligation to protect requires States to take measures that prevent third parties from interfering with the right to leisure. Finally, the obligation to fulfil requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures towards the realisation and enjoyment of the right to leisure.
Therefore, states must not only respect and protect individuals from too much work, but must also fulfil the right, and ensure that individuals have the capacity to positively enjoy their right to leisure, and not simply be in the absence of too much work.
The right to rest and leisure, like many economic, social, and cultural rights (ESCR), has often been considered less important or fundamental than civil and political rights. Critiques of economic, social, and cultural rights such as Maurice Cranston and Aryeh Neier, or William Talbott's Which Rights Should be Universal, [8] often argue that ESCR are unnecessary for human dignity, are less fundamental than civil and political rights, are too expensive and impractical, and that some constituencies of humans are undeserving of ESCR. [9]
However, human rights scholars are increasingly embracing the concept of indivisibility and acknowledging that all human rights are fundamental. [10] Defenders of the right to rest and leisure claim that it is of fundamental importance to well-being once basic security has been assured, and that leisure is "not an idle waste of time or mere absence from work, but, rather, necessary for a life of dignity". [11]
The right to rest and leisure is an emerging human right, and debates around its importance and implementability are likely to be ongoing.
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2024, the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.
The right to work is the concept that people have a human right to work, or to engage in productive employment, and should not be prevented from doing so. The right to work, enshrined in the United Nations 1948 Universal Declaration of Human Rights, is recognized in international human-rights law through its inclusion in the 1966 International Covenant on Economic, Social and Cultural Rights, where the right to work emphasizes economic, social and cultural development.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories. The rights include labour rights, the right to health, the right to education, and the right to an adequate standard of living. As of February 2024, the Covenant has 172 parties. A further four countries, including the United States, have signed but not ratified the Covenant.
Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. 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 human right to water and sanitation (HRWS) is a principle stating that clean drinking water and sanitation are a universal human right because of their high importance in sustaining every person's life. It was recognized as a human right by the United Nations General Assembly on 28 July 2010. The HRWS has been recognized in international law through human rights treaties, declarations and other standards. Some commentators have based an argument for the existence of a universal human right to water on grounds independent of the 2010 General Assembly resolution, such as Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); among those commentators, those who accept the existence of international ius cogens and consider it to include the Covenant's provisions hold that such a right is a universally binding principle of international law. Other treaties that explicitly recognize the HRWS include the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the 1989 Convention on the Rights of the Child (CRC).
The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. There is debate on the interpretation and application of the right to health due to considerations such as how health is defined, what minimum entitlements are encompassed in a right to health, and which institutions are responsible for ensuring a right to health.
The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, primary education for all, an obligation to develop secondary education accessible to all with the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education. In 2021, 171 states were parties to the Covenant.
The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity, and malnutrition. The right to food implies that governments only have an obligation to hand out enough free food to starving recipients to ensure subsistence, it does not imply a universal right to be fed. Also, if people are deprived of access to food for reasons beyond their control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly.
The right to freedom from discrimination is internationally recognised as a human right and enshrines the principle of egalitarianism. The right to freedom from discrimination is recognised in the Universal Declaration of Human Rights and enshrined in international human rights law through its inclusion in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an international treaty establishing complaint and inquiry mechanisms for the International Covenant on Economic, Social and Cultural Rights. It was adopted by the UN General Assembly on 10 December 2008, and opened for signature on 24 September 2009. As of February 2024, the Protocol has 46 signatories and 29 state parties. It entered into force on 5 May 2013.
The Declaration of Human Duties and Responsibilities (DHDR) was written for reinforcing the implementation of human rights under the auspices of the UNESCO and the interest of the Office of the United Nations High Commissioner for Human Rights and was proclaimed in 1998 "to commemorate the 50th anniversary of the Universal Declaration of Human Rights (UDHR)" in the city of Valencia. Therefore, it is also known as the Valencia Declaration.
The right to science and culture is one of the economic, social and cultural rights claimed in the Universal Declaration of Human Rights and related documents of international human rights law. It recognizes that everyone has a right to freely participate in culture, to freely share in science and technology, and to protection of authorship.
Human rights in New Zealand are addressed in the various documents which make up the constitution of the country. Specifically, the two main laws which protect human rights are the New Zealand Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. In addition, New Zealand has also ratified numerous international United Nations treaties. The 2009 Human Rights Report by the United States Department of State noted that the government generally respected the rights of individuals, but voiced concerns regarding the social status of the indigenous population.
The right to sexuality incorporates the right to express one's sexuality and to be free from discrimination on the grounds of sexual orientation. Although it is equally applicable to heterosexuality, it also encompasses human rights of people of diverse sexual orientations, including lesbian, gay, asexual and bisexual people, and the protection of those rights. The inalienable nature of rights belonging to every person by virtue of being human.
The 1997 Maastricht Guidelines on Violations of Economic, Social and Cultural Rights build on the 1987 Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. The guidelines were adopted by a group of over thirty experts who convened from 22–26 January 1997 in Maastricht on the occasion of the Limburg Principles' 10th anniversary. Three years later, the Maastricht Guidelines along with the Limburg Principles were reissued as UN document E/C.12/2000/13 by the Committee on Economic, Social and Cultural Rights (CESCR).
The Universal Declaration on the Eradication of Hunger and Malnutrition was adopted on 16 November 1974, by governments who attended the 1974 World Food Conference that was convened under General Assembly resolution 3180 (XXVIII) of 17 December 1973. It was later endorsed by General Assembly resolution 3348 (XXIX), of 17 December 1974. This Declaration combined discussions of the international human right to adequate food and nutrition with an acknowledgement of the various economic and political issues that can affect the production and distribution of food related products. Within this Declaration, it is recognised that it is the common purpose of all nations to work together towards eliminating hunger and malnutrition. Further, the Declaration explains how the welfare of much of the world's population depends on their ability to adequately produce and distribute food. In doing so, it emphasises the need for the international community to develop a more adequate system to ensure that the right to food for all persons is recognised. The opening paragraph of the Declaration, which remains to be the most recited paragraph of the Declaration today, reads:
Every man, woman and child has the inalienable right to be free from hunger and malnutrition in order to develop fully and maintain their physical and mental faculties.
Development is a human right that belongs to everyone, individually and collectively. Everyone is “entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized,” states the groundbreaking UN Declaration on the Right to Development, proclaimed in 1986.
The right to family life or family rights are the rights of all individuals to have their established family life respected, and to have and maintain family relationships. This right is recognised in a variety of international human rights instruments, including Article 16 of the Universal Declaration of Human Rights, Article 23 of the International Covenant on Civil and Political Rights, and Article 8 of the European Convention on Human Rights.
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