ECOSOC rights are generally enunciated in the constitutions as Fundamental principles of state policy or directive principles. These are sometimes viewed as “second generational rights,” while the first generation of modern constitution contained as protection of political and civil rights. Later constitutions or amendments include third generational rights as well: guarantees of cultural rights and environmental protections.
Classical liberal constitutions (For example US) did not include protection for social and economic rights. However, some modern lawyers and academics have attempted to infuse such rights in the document through the due process and the equal protection clause. In addition, Roosevelt’s declaration of “Four Freedoms (including freedom from want, and freedom from fear) in early 1941 may be understood as an articulated account of American constitutional ideals on social welfare rights.
Starting in the late nineteenth century, constitutional designers began to consider whether to include second generation social welfare rights. They are influenced i) by the rise of social democratic parties which sought to advance worker’s social welfare, ii) by the conservative response to such parties, exemplified by German Chancellor O. V. Bismarck’s preemptive establishment of some social welfare institutions and iii) by Roman catholic churches which social teaching was taken up by their political allies. For example Irish constitution of 1937 incorporates social welfare rights by describing them as principles of policy for the legislature in the making of laws. Article 45 of the Constitution of Eire however says that they shall not be cognizable by any Court under any of the provisions of the Constitution.
The Irish Constitution of 1937 has been influential in the development of constitutions by other former members of the British Commonwealth, most notably India. Political heritage against exploitation in both colonized India and post-independent East Pakistan also influenced the process. For example, the 1931 Karachi resolution of the Indian National Congress held that in order to end the exploitation of the masses, political freedom should include economic freedom. The 11 point movement and the 1970 election manifesto include similar provisions.
In addition to the above constitutions, the Constitution of Burma of 1948 and the Italian Constitution of 1948 contain similar provisions. The South African Constitution of 1996 made a real breakthrough there by not negating the judicial enforcement of socio-economic rights and by instructing the government to take reasonable measures with available resources for progressive realization of the rights.
