A bill of rights that included people's socioeconomic needs could challenge government policy decisions
Afua Hirsch
Tackling poverty and building a culture of respect for human rights were twin peaks of the last government's agenda for social justice. It failed to achieve either; from 2004, many key indicators of social exclusion began sliding backwards and the Human Rights Act – New Labour's flagship piece of "fairness" legislation – is facing repeal.
From a socioeconomic rights perspective, these failures are intrinsically linked. It is widely recognised now that poverty is about much more than low income – it reflects poor health and education, deprivation in knowledge and communication, and the inability to exercise political rights. Conversely, socioeconomic or "anti-poverty" rights – the right to health, housing or food – are increasingly recognised as a tool for empowering people to lift themselves out of poverty.
So far, the UK has been content to acknowledge and even promote these rights in developing countries. In South Africa, for example, – where the constitution enshrines socioeconomic rights – a constitutional court ruling that the government's failure to provide free access to HIV drugs for pregnant women was a violation of their rights attracted widespread international praise.
The use of socioeconomic rights is not confined to developing countries. In the US, communities have used human rights to challenge government policy on housing in post-hurricane New Orleans. And in Canada, an Ontario court found that the reduction of social assistance benefits by more than 20% violated the rights of welfare recipients not to fall below the standard necessary for maintaining their personal security. But in the UK, there remains deep suspicion. Socioeconomic rights are regarded by many lawyers and politicians as human rights gone too far, presenting the threat of the unjustifiable interference of the judiciary in the executive decisions of a government constrained – now more than ever – by finite resources.
This is not to say that such rights have had no application here. The new Equality Act requires public authorities to consider socioeconomic disadvantage in the services they provide – the much maligned "socialism in one clause" bill, which is a significant step towards further recognition of these rights.
