Author:
Dr. Emi HOXHOLLI1,
Prof. Dr. Donika KËRÇINI2
Affiliation:
1Polis University, Albania
2Agricultural University of Tirana, Albania
Abstract
Economic and social rights have been affirmed since 1976 in the Universal Declaration of Human Rights but the globalization, huge economic differences, and financial and health crises that hap- pened during the last decade have brought them into focus. Economic and social rights include the rights to adequate housing, education, health, work and food. These rights belong to every human being, regardless of age, sex, nationality, ethnicity, religion, race, wealth or any other status. Recognition and respect of these rights is today a challenge for all defenders of human rights, such as institutions, NGOs and academics. A human rights economy places people and the planet at the heart of the economic policies, investment decisions, consumer choices and business models and this will help in completing the ambition of the 2030 Agenda for Sustainable Development Goals (Türk,2023). Ten years ago, the World Bank in collaboration with the Human Rights Measurement Initiative developed the economic and social rights performance score, in order measure how effectively countries use their economic resources to ensure the fulfilment of economic and social rights. But which is the status of Albania regarding the economic and social rights? If we refer to data provided by People’s Advocate, the Albanian NHRI, in 2021 there were 32 complaints about non-adequate housing, 101 complaints for education, 97 complaints for healthcare, 51 complaints regarding the right to work and 72 complaints for non-adequate food. Comparing these figures with the total number of 1,630 complaints about human rights violations is clear that they are very low due to the fact that individuals are not aware of having these rights and don’t fight to be part of the policymaking.
Reference:
[6] Constitution of the Republic of Albania, Part IV “Economic, social, cultural rights and free- dom”, Article 49 – 58 and Part V “Social Objectives”, Article 59, point c, https://qbz.gov.al/pre- view/635d44bd-96ee-4bc5-8d93-d928cf6f2abd
[2] Donnelly J., (2008) The relative universality of human rights, Human Rights Quaterly, The John Hopkins University Press, Vol. 29, pp 183-193
[2] Eide, A., (2001) “Economic, Social and Cultural Rights as Human Rights”, Economic, Social and Cultural Rights: A Textbook, Dordrecht: Martinus Nijhoff, 2nd ed., pp 9‐28
[4] Equality and Human Rights Commission (2017), Measurement Framework for Equaliy and Human Rights, https://www.equalityhumanrights.com/sites/default/files/measurement-frame-work-interactive_1.pdf, pp 214-225
[4] Fact Sheet nr. 33 (2008), Office of the United Nations High Commissioner for Human Rights, United Nation, https://www.ohchr.org/sites/default/files/Documents/Issues/ESCR/FAQ_on_ES- CR-en.pdf
[2] Fukuda‐Parr, S., Lawson‐Remer T., Randolph S., (2009) ‘An Index of Economic and Social Rights Fulfillment: Concept and Methodology’, Journal of Human Rights, Vol. 8, pp. 1‐27.
[4] Grad F.P., (2002), Bulletin of the World Health Organization, Vol. 80 (12)
[4] Guyer N.P., Fukuda-Parr S., Randolph S., Daniels M.L. (2009), Measuring the Progressive Re- alization of Economic and Social Human Rights in Brazil: A Disaggregated Economic and Social Rights Fulfillment Index
[6]Law no. 8454 dated 04.02.1999 “On People’s Advocate”, as amended, https://www.avokatipop- ullit.gov.al/sq/article/legislation
[6] Mclsaac E., (2023), Backgrouder: Economic and social rights, Maytree, https://maytree.com/ about-us/why-a-human-rights-based-approach/backgrounder-economic-and-social-rights
[6] Mclsaac E., (2022), Moving from theory to implementation on human rights and poverty, Maytree, https://maytree.com/publications/moving-from-theory-to-implementation-on-hu- man-rights-and-poverty/
[4] Mitchell L., baylis P., Randolph S., (2021), Monitoring the enjoyment of rights to adequate hpusing and health care and protection in Aoteaora New Zealand, Motu Economic and Public Policy Research, Wellington N.Z.
[6] Normative Act no. 9, date 16.12.2019 “For facing the consequences of natural disaster”, https:// qbz.gov.al/eli/akt-normativ/2019/12/16/9/946f0872-3eb0-4d8e-8155-ab81e04f8134
[4] People’s Advocate (2022) Annual Report on the actitivity of People’s Advocate 2021, pp 191- 215, https://www.avokatipopullit.gov.al/media/manager/website/reports/PA%202021%20Annu- al%20Report.pdf
[4] People’s Advocate (2023) Annual Report on the actitivity of People’s Advocate 2022, pp 199- 216, https://www.avokatipopullit.gov.al/media/manager/website/reports/Raporti%20vjetor%20 i%20veprimtarise%20se%20institucionit%20te%20Avokati%20te%20Popullit%20per%20 vitin%202022.pdf
[4] OHCHR (2000), Human Rights Indicators: A guide to measurement amd implementation, https://www.ohchr.org/en/instruments-and-mechanisms/human-rights-indicators
[2] Petel, M., & Putten, N. V. (2021). Economic, social and cultural rights and their dependence on the economic growth paradigm: Evidence from the ICESCR system. Netherlands Quarterly of Human Rights, 39(1), pp 53–72. https://doi.org/10.1177/0924051921994753
[4] Randolph, Badenhorst, Shay, Stewart, and Watson SERF Index Methodology 2023 Update Technical Note, Economic and Social Rights Empowerment Initiative, 2023, www.serfindex.org/ overview-2022/.
[2]Randolph S., Fukuda-Parr S., Lawson-Remer T., (2010), Economic and Social Rights Fulfill- ment Index: Country Scores and Rankings, Journal of Human Rights, Vol. 9, pp 230-261.
[6] Rattray S. (2019), Human rights and the SDGs - two sides of the same coin, https://www.undp. org/blog/human-rights-and-sdgs-two-sides-same-coin.
[4] Report of the Inter-Agency and expert group on Sustainable Development Goal Indica- tors (2016), Doc E/CN.3/2016/2, http://unstats.un.org/unsd/statcom/47th-session/docu- ments/2016-2-IAEGSDGs-E.pdf, pp 15 – 39
[6] Weston B.H., (2023), “Human rights”, Encyclopedia Britannica, https://www.britannica.com/ topic/human-rights
[2]Wellman C., (2022), Solidarity, the individual and human rights, Human Rights Quaterly, Vol. 22 (3), pp 639-657
[4] Work of the Statistical Commission pertaining to the 2030 Agenda for Sustainable Develop- ment (2017), A/RES/71/313, https://documents-dds-ny.un.org/doc/UNDOC/GEN/N17/207/63/ PDF/N1720763.pdf ?OpenElement World Health Organization (1948), Constitution of the World Health Organization, pp 1-3
[6] Türk V., (2023), Overcoming multiple crises: Realising the 2030 Agenda through a human rights enhancing economy, Fifth intersessional meeting of the Human Rights Council on Human Rights and the 2030 Agenda.
[2] Vasak K., (1977) Human Rights: A Thirty-Year Struggle: The Sustained Efforts to give Force of law to the Universal Declaration of Human Rights. UNESCO Courier, pp 29–32
[4] Schutter D. O., (2013), “Economic social and cultural rights as human rights: An Introduction”, CRIHDO, Edward Elgar Publ
[1] Sen, A. (1999), Development as Freedom, Oxford University Press, pp 35-5
[4] UNDP (2023) Human Development Report 2021 -20 22, Annex Human Development com- posite indice, pp 272-285
[1]UNESCO (2019), Right to Education Handbook, pp 28-38, https://unesdoc.unesco.org/ ark:/48223/pf0000366556
[6] United Nations General Assembly (1948), Universal Declaration of Human Rights, pp 1-8, https://www.un.org/sites/un2.un.org/files/2021/03/udhr.pdf
[6] United Nations General Assembly (1948), International Covenant on Civil and Political Rights, , pp 1-
[6] United Nations General Assembly (1966), International Covenant on Economic, Social and Cultural Rights , pp 1-8
[4] United Nations General Assembly (2015), Transforming our world: the 2023 Agenda for Sus- tainable Development, pp 1-35
