Conventional thinking was slow in conceding that the economic, social and cultural aspects of individual existence was not central to the business of the State or of the law of the State.  As far as international law was concerned the individual human being was not regarded as its subject.  In consequence of this doctrine what a sovereign State did to its citizens was its own affair and none of the business of other States or the international community.  As a result of the U.N. Declaration of Human Rights, as Lauterpacht remarked in 1950, "The individual has acquired a status and stature which have transformed him from an object of international compassion into a subject of international right.

This dramatic change came about in the outcome of the Second World War.  It is ironic that Adolf Hitler, who practised the jurisprudence of terror and violence was responsible for the awakening of the conscience of mankind against a repetition of such barbaric crimes.  "The international human rights movement was born in, and out of the Second World War", it has been said.

The United Nations Charter was a landmark in this unique political and legal development.  It proclaimed the peoples of the United Nations "reaffirm faith in the fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women" and in "universal respect for, and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion".  Thus "the doctrine of different rights" which was propounded and practised by the Western world in the 18th and 19th centuries appeared to have been at last put aside.

The quick and easy adoption of the Declaration of Human Rights by the U.N. in 1948 was largely because it was a statement of principles and values rather than a Covenant which imposed binding legal obligations on States.  It is, and does not purport to be a statement of law or legal obligation, but a common standard of achievement for all peoples of all nations.  And besides, during the Cold War period, the focus on the civil and political rights in the Universal Declaration, was emphasized more than the social and economic aspects.  Johan Galtung has observed that "The propagation of human rights consequently, is also the propagation of Western civilization, and partly intended as such."

Social and economic rights as fundamental human rights were being developed, however, before and during the Second World War and during the Cold War.  John Maynard Keynes who was firmly committed to civil and political rights at the same time emphasized the importance of economic and social rights.  Again it was Franklin D. Roosevelt who described social and economic rights as the "Second Bill of Rights".  In 1961 the European Social Charter called for the realization of human rights through protection of the rights to work, social security and benefits from social welfare.   In 1990 the Conference on Security and Co-operation in Europe called for a New Europe emphasizing "economic liberty, social justice and environment responsibility".  I need not point out that the Socialist and Marxian theories and philosophies had emphasized or rather over-emphasized the importance of economic and social liberties as central to human freedom and dignity, only they had undervalued the supreme importance of civil and political rights of man

The Vienna Declaration of the United Nations Conference on Human Rights took a balanced and comprehensive view of human rights.  It stated that "All human rights are universal, indivisible and inter-dependent and inter-related.  The international community must treat human rights globally in a fair and equal manner, on the same footing and with the same emphasis."  This ought to settle the question as to which set of rights are superior, civil or political rights, or economic, social and cultural rights.  However, it is a matter of regret that the implementation and the enforcement of economic, social and cultural rights have been given low priority by Western governments.  They have forgotten the fact the two sets of rights were originally intended to be enshrined in a single covenant, and that, in fact, the international Covenant on Economic, Social and Civil Rights was entered into force prior to the  International Covenant on Civil and Political Rights.  One reason for lack of vigorous enforcement of these rights was the thinking that they are more in the nature of aspirations and are not justiciable.  This is reflected by a spokesman on behalf of the United States on the recent Rome Declaration on World Food Security and World Food Summit Plan for Action.  It said that the United States does not recognize any change in the current state of conventional or customary international law regarding rights related to food and that they believed that "any right to adequate food" or "fundamental right to be free from hunger" is a goal or aspiration to be realized progressively that does not give any rise to any international obligations.  And this in the context of the finding of the Rome Summit that there are over 800 million people living in hunger in the world to-day !

It is relevant to mention here the Indian Constitution and the decisions of the Indian Courts on the subject of human rights.  It is well-known that our Constitution has enumerated and guaranteed to the people the fundamental civil and political rights.   And the Directive Principles of the State Polity embodies the economic, social, cultural rights more or less similar to those found in the International Covenant on Economic, Social and Cultural Rights.

The Supreme Court of India has construed the expression right to life in Article 21 of the Constitution expansively.  It has ruled that the expression "life" does not mean merely physical existence but the right to live with dignity and all that goes along with it, namely, the bare necessaries of life such as adequate nutrition, clothing and shelter over the head.  The Supreme Court has observed that "to the tillers of the soil, wage earners, labourers, wood cutters, rickshaw pullers, scavengers and hut dwellers, socio-economic and cultural rights are their means and most relevant to them to realise their basic aspirations of meaningful right to life".  It has ruled that the health and strength of a worker is an integral facet of the right to life and the term health implies more than absence of sickness.  It includes medical care and health facilities.  This judicial development in our country is something we can take pride in and commend to the world as worthy of emulation.

It is also heartening to know that in our country the Human Rights Commission which was set up only a few years ago has taken laudable initiatives to ensure the implementation of the economic, social and cultural rights of the people.

One of the crucial components of implementing the social, economic and cultural rights is to promote human rights education.  Vienna Declaration has stated that Human Rights Education is "essential for the promotion and achievement of stable and harmonious relations among communities and for fostering mutual understanding, tolerance and peace".  Besides incorporating in its scope the issues of "human rights humanitarian law, democracy and the rule of law" the Declaration insists that the human rights education should include "peace, development and social justice".

India's Human Rights Commission has held a series of meetings with Government Departments, educational institutions, and training agencies for preparing personnel and material for human rights education.  The Commission has also devised plans to train police personnel on the issue of human rights.  It is by sensitizing the people as well as those in authority that we can inculcate the values as well as the practice of human rights in society.  We need to build up a human rights conscience in every individual and in society as a whole in order to realize the noble objective enshrined in our Constitution to secure to all our citizens "Justice, social, economic and political;  Liberty of thought, expression, belief, faith and worship; and Equality of Status and Opportunity."

Thank you.