Social Rights
The term “social rights” was first emphasized in the Universal Declaration of
Human Rights, which in Article 22 states that such rights are “indispensable
for [a persons]dignity and the free development of his personality”.240 Article
25 (2) of the same declaration emphasizes that ” [e]veryone has the right to
a standard of living adequate for the health and well-being of himself and of
his family, including food, clothing, housing and medical care and necessary
social services, and the right to security…”.241 The moral statements made in
the Universal Declaration of Human Rights were given legal force through the
ICCPR and the ICESCR.242
This chapter focuses on three social rights; the right to health, the right to
adequate housing and the right to family life. When analyzing violations of the
right to adequate housing, particular attention is paid to the reconstruction
of the Gaza Strip after the massive destruction carried out by Israel in the
summer of 2014 as well as the ongoing, illegal blockade.
Restrictions on the Right to Health
The right to health is protected by Article 12 of the ICESCR, which states that
everyone has the right to the highest attainable standard of physical and mental
health.243 The importance of securing and protecting public health in time of
war is emphasized in Article 56 of the Fourth Geneva Convention, which states
that in occupied territories “…the Occupying Power has the duty of ensuring
and maintaining […] medical and hospital establishments and services…”.244
240 UN General Assembly, “Universal Declaration of Human Rights”, 10 December 1948. Available at:
http://www.refworld.org/docid/3ae6b3712c.html
241 Ibid.
242 UN Office of the High Commissioner for Human Rights, “Fact Sheet No. 16 (Rev.1), The Committee
on Economic, Social and Cultural Rights”, May 1996, page 2. Available at: http://www.refworld.org/
docid/4794773cd.html
243 UN General Assembly, “International Covenant on Economic, Social and Cultural Rights”, 16 December
1966. Available at: www.refworld.org/docid/3ae6b36c0.html
244 International Committee of the Red Cross (ICRC), “Geneva Convention Relative to the Protection of
Civilian Persons in Time of War (Fourth Geneva Convention)”, 12 August 1949. Available at: http://
www.refworld.org/docid/3ae6b36d2.html
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