Article 25 – Standard of living
Caring for everyone
Robert Dasović
A medical student and a fellow at The New Utrecht School (an interdisciplinary platform of Utrecht University, University Medical Center Utrecht, and the HKU University of the Arts Utrecht).
Article 25
- Everyone 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 in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
- Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
What does this right mean?
The right to an adequate standard of living means that every human has the right to live in circumstances which improve their own well-being and that of the family. This right is an overarching right of the effort requirement of the government to ensure that all its citizens can live in a good state. That means the government has the duty to provide people with:
- sufficient nutrition
- clothing
- medical care
- education
- a home
- additional care in difficult times
- job opportunities
Liberty requires opportunity to make a living,g- -a living decent according to the standard of the time, a living which gives a man not only enough to live by, but something to live for.
What is the history of this right?
During the Second World War, Franklin Roosevelt drafted the four freedoms: freedom of speech/expression and religion, and freedom from want and fear. These ‘freedoms’ became the foundation of the UDHR as proposed by his wife Eleanor Roosevelt.
Article 25 is covered under Roosevelt's third freedom, freedom from want: freedom from poverty, meaning the provision of an adequate standard of living. This freedom consisted of economic and social rights at work, nutrition, a home and social security. The goal of this freedom was to prevent illness by increasing medical help and well-being with financial aid. The government has to aspire for citizens who are safe and satisfied. If citizens are unhappy, there is the risk of dictators coming to power with false promises, which puts democracy at risk.
Subsection 2 specifically elaborates on the rights of mothers and children in special medical circumstances. It is specifically stated that this involves children ‘whether born in or out of wedlock’. This differentiation used to be made because of children born to parents not married to each other, also known as bastards. Back in the colonial time, that also involved children born from relationships between soldiers and the local population. In Indonesia, many women worked for soldiers as maids and there were sometimes consensual and unconsensual sexual relationships. If the maids became pregnant, they were fired. Children were illegitimate, which resulted in the women not receiving financial aid from the fathers or government AND that the children did not become heirs through their fathers. After the colonial time, this involved children to mothers who were single because they did not want relationships with the fathers or because the children were the result of adultery.
Where and how is this right documented?
The International Covenant on Economic, Social and Cultural Rights (1966) specifies ‘standard of living’. Some examples are social security (Article 9), family life (Article 10), freedom from hunger (Article 11), physical and mental health (Article 12), education (Article 13), cultural and academic freedom (Article 15). The government has an active role here, in which it has to do more than stopping violations. It is worded in such a way that the government is given the active duty to take effort for the well-being of its citizens and is required to provide citizens with more than is required to survive.
The right connects with Article 22 of the UDHR, which promises citizens the right to social security on the one hand, and at the same time requires the state to realise economic, social and cultural rights.
In the Constitution of the Netherlands, Article 20 includes the right to social security. This is about the government being required to provide a certain minimal livelihood security. Additional information on this: commentary on the Constitution of the Netherland [in Dutch].
How topical is this human right?
Does ‘freedom from hunger’ also mean that you have to be able to eat somewhat healthily? Does housing mean a house with a garden near a school and medical centre? Are a television and a computer covered under the standard of living too? And guitar lessons or soccer practice? How much money do you need each month for groceries, clothing, cultural and social activities? What do you base that measurement on?
The right to a good standard of living is one of the most ‘active’ rights, because it varies per country, person and current circumstances how much it costs to realise the right. Some examples of problems which make the realisation of this right tricky are access to clean water, sufficient housing for starters, or proper medical care at the municipal level. In the Netherlands, the number of people relying on food banks has gone up in the past years. Many children in the Netherlands are also growing up below the poverty line, as shown by the figures collected by Statistics Netherlands (CBS).
Subsection 2 specifies the rights of mothers and children. Research is being carried out into whether or not this can be changed in order to not only protect mothers, but fathers as well. Besides this, the reference to illegitimate children no longer applies to Dutch law. Since 1998, the law recognising ‘illegitimate’ children has been repealed and all children are legitimate, including those born out of wedlock and not recognised by their fathers.