Other Economic, Social and Cultural Rights

Concept

Alongside the well-recognized economic, social, and cultural rights, there are several other rights within this domain that are recognized in various international treaties, including the International Covenant on Economic, Social and Cultural Rights (CESCR) and other international instruments

Right to Family Life

The right to family life encompasses the right to marry, found a family, and enjoy family relationships. While not explicitly mentioned in the CESCR, it is addressed in various international instruments, such as the Universal Declaration of Human Rights, which emphasizes the importance of the family as the natural and fundamental group unit of society.

The Constitution of Pakistan implicitly recognizes and protects the right to family life, although it doesn’t explicitly mention it as such. Article 35 specifically mentions the protection of marriage and the family. It states that the State shall protect the marriage, the family, the mother, and the child.

Right to Adequate Standard of Living

This right encompasses various aspects such as adequate housing, food, clothing, and access to basic utilities. It is broadly covered under Article 11 of the CESCR, which emphasizes the right to an adequate standard of living, including adequate food, clothing, and housing.

The Constitution of Pakistan doesn’t explicitly mention the “Right to Adequate Standard of Living”. However Article 38 of the Constitution outlines the state’s responsibility for securing the well-being of the people, including providing basic necessities. It emphasizes that the state shall: (i)Secure the well-being of the people, irrespective of sex, caste, creed, or race, by raising their standard of living, ensuring adequate means of livelihood for all citizens, not justifiable by law, (ii) Provide facilities and opportunities to citizens to enable them to earn a living and lead a healthy life, and (iii) Minimize inequalities in income, status, facilities, and opportunities.

Right to Essential Services

This right includes access to essential services like electricity, clean water, sanitation, transportation, and communication. While there might not be a specific provision in the CESCR dedicated to this right, it is intertwined with the broader right to an adequate standard of living and access to basic necessities.

The Constitution of Pakistan does not explicitly outline a provision specifically addressing the “Right to Essential Services., but Article 37 highlights the promotion of social justice and the provision of facilities for work and adequate livelihood. While it doesn’t explicitly mention essential services, it emphasizes the state’s responsibility to provide adequate facilities and opportunities to citizens to enable them to earn a living.