On November 26, 2007, the General Assembly stablished that World Social Justice Day will be celebrated on February 20 of each year (A/RES/62/10). The theme for the year 2020 of this international day is "Close the gap of inequalities to achieve social justice.".
Social Justice is a fundamental pillar for the fulfillment of the principles of the United Nations, international peace and security, and respect for human rights. When we defend these principles, we fight for the promotion of a peaceful and prosperous society with sustainable development, respect for the environment, the rights of men and women, children, migrants, and refugees, as well as with the elimination of the burdens people face due to gender, age, race, ethnicity, religion , culture or disability.
The international social context reflects the need to adopt a social dimension of globalization and development, with a distribution of more equitable results of progress for all. Social justice is a compass for the promotion of peace, security and human rights in all nations and regions of the world. Mechanisms such as social protection and international justice are essential for governments to respect their international obligations.
Background
Although there is no certainty around the first use of the term "social justice", the concept of the need for fair and equitable relations between individuals and society is a very old idea. Plato associated Justice with social harmony and pointed out that it is a starting point. Aristotle believed that each should be given his due; that is, in proportion to their contribution to society, their needs, and their personal merits. During the 17th and 18th centuries, the "Social Contract" was used by the philosophers of enlightenment to evoke the idea of protecting the rights of citizens in a broader social framework. The 20th century American philosopher, John Rawls, went further, proposing that social justice cannot be achieved if justice and liberty for one person can be overridden by the “greater good of others”.
Between 6 and 12 March 1995, several diplomats and secretaries of state met in Copenhagen to adopt the Declaration on Social Development and Program of Action of the World Summit on Social Development. Referring to the Universal Declaration of Human Rights of 1948, nations recognized that “the conviction that social development and social justice are indispensable for the achievement and maintenance of peace and security in our nations and among them. So, social development and social justice cannot be achieved if there is no peace and security or if all human rights and fundamental freedoms are not respected.” [1].
Source: UN Photo/Milton Grant
At the 24th special session of the United Nations General Assembly in June-July 2000, entitled "World Summit for Social Development and beyond: achieving social development for all in a globalizing world", nations reaffirmed their international obligations, the Declaration of Copenhagen of 1995 and the principles of the United Nations, as well as the need for States to double their efforts in order to guarantee development in adequation with social justice.
Increase of inequalities between people
In 2005, the United Nations warned that the social situation in the world would generate a growing problem for the achievement of development goals[2]. "Let no one be left behind" is a commitment adopted in the 2030 Agenda and objective 10, which look to reduce inequality in people.
 Source: UN |
On the one hand, institutions that perpetuate injustice drive the growth of inequality and, on the other, global economic, social, and environmental forces can shape inequality trends. While inequality has different effects on people and regions, it is true that some elements such as climate change directly affect people's livelihoods[3].
Inequality has increased since 1990 in most developed countries and in some middle-income countries, however, increased inequality is not a universal trend[4]. While Latin America and the Caribbean continue to be the most unequal region in the world, there has been a reduction in inequalities in 17 of the 19 countries in the region in the last years.
According to the World Inequality database, the income of the 1% of the richest people in Colombia, Brazil and the United States, who control 20% of economic income in the period of 1990-2017, increased while 40% of the population’s poorest, received 25% less income. In addition, almost all regions of the world are far from achieving equality among economic incomes in their societies.
Inequalities are also related to one’s social group. For example, indigenous peoples who, despite representing only 4% of the world's population, constitute 10% of the world's poor[5]. Likewise, ethnic minorities continue to suffer manifest disadvantages even in countries where special efforts are made to promote their inclusion; members of groups that have suffered prejudices and discrimination in the past begin with less assets and lower levels of social capital than members of other groups[6].
Source: World Inequality database
These disparities -particularly in terms of health, education and other dimensions of human development- make it even more difficult to break the cycle of poverty, which cause disadvantages passed down from generations to generations, and increasingly in countries that are more unequal[7].
Global warming also contributes to inequalities worldwide. According to the Intergovernmental Panel on Climate Change, the global average temperature has increased by one degree since the pre-industrial period. The effects of rising temperatures in the world generate direct impacts on livelihoods, health and resources around the world, however, the effects are not uniform in the population.
 Source: UNICEF |
It is estimated that the gap between the income of the richest 10% and the poorest 10% of the world's population has increased 25% more than it would have during the 1961-2010 period without global warming[8].
Mitigation policies and adaptation to climate change are fundamental. It is estimated that 3 to 16 million people will be in poverty due to climate change by 2030. In the context of a high-impact scenario, between 35 and 122 million people will fall into poverty[9].
While at least 6 million jobs will be lost by 2030 due to climate change, according to the International Labor Organization, the design of meticulous mitigation policies could generate 24 million new jobs[10].
Social protection and international justice, an answer?
Social protection
Universal access to social protection reduces inequality. Social protection systems that provide at least disability and unemployment benefits, benefits for dependent children, old-age pensions and access to health care offer a basic income at all stages of the life cycle and minimize the risk of falling into poverty . Social protection systems must guarantee a minimum set of universal plans financed from taxes.
The availability of these plans ensures that social protection systems meet the needs of the population. It is also important to ensure that the monetary transfers for social protection that people receive are sufficient to guarantee basic income security and their fundamental human rights.
Despite the importance of social protection, only 29% of the world's population enjoyed wide coverage in 2017[11]. Although 90% of the European population has at least an aspect of social security covered, in Latin America and the Caribbean only 60% of the population is covered and in Sub-Saharan Africa less than 15%.
Source: Vanguardia
The cost of social protection in government budgets has led to the idea of focusing on certain groups as a means to achieve social goals with a reduction in expenses. Special or specific measures need to be taken to help some disadvantaged groups, including people with disabilities, members of ethnic minorities and children, in order to overcome the challenges that they face.
Vanguardia
International justice
The International Covenant on Economic, Social and Cultural Rights of 1966, which follows the principles of justice and dignity of the universal declaration, contemplates a gain of rights that must be respected by people, such as the right to food, adequate housing, health and social security.
 Source: UN Audio-visual Library of International Law |
States have rejected social and cultural economic rights as being justiciable, because they have been considered too ambiguous and because these rights usually touch the heart of government policies[12]. However, States have the obligation to guarantee these rights without discrimination, have minimum obligations with respect to each right, and must guarantee their progressive development.
Different legal cases in the European System of Human Rights, Inter-American System and African System have shown that violations of the economic, social and cultural human rights of individuals or groups of individuals can be protected in international courts. This means that people living in poverty could impute the international responsibility of the State against the omissions of their authorities to guarantee decent living conditions.
In the United Nations system, the Optional Protocol to the International Covenant on Economic Social and Cultural Rights of 2008 also allows individuals to file individual complaints with the United Nations Committee on Social and Cultural Economic Rights. However, this Optional Protocol was only ratified by 25 states until February 2020.
The Committee on Social Economic and Cultural Rights of the United Nations also issues final recommendations to all states parties to the International Covenant on Economic Social and Cultural Rights, and makes general observations for the international community on the interpretation of this international treaty.
Consequently, the recommendations of this Committee are not just useful for States, but also for coordination with other organs of the United Nations, such as the Commission for Social Development, UNDP, UNICEF, FAO, WHO or even the Secretary General.
The international mechanisms for the protection of social and cultural economic rights are fundamental for the achievement of fundamental elements of social justice such as the right to work, social security, an adequate standard of living, health, education, among others.
GICJ's position
Geneva International Center for Justice (GICJ) believes that recognizing the importance of social justice to achieve human rights and fundamental freedoms for all is essential to guarantee fair and equal societies, as well as international peace and security, cooperation between nations, and development. The goal of the international day of social justice is to raise awareness in people and governments to fight together to achieve an equal, fair, and dignified life for all.
GICJ Recommendations
- All governments must promote social justice at national, regional and international levels.
- The international community must make effort to eradicate poverty and to promote employment, gender equity and social well-being for all.
- All states must challenge the roots of oppression and injustice and to empower all people to exercise self-determination and realize their full potential.
- All States must ratify the Optional Protocol to the International Covenant on Economic Social and Cultural rights.
- The international community must adopt all the necessary measures to reduce the gap between rich and poor people, particularly in Latin America, which is the most unequal region in the world.
- All States must take necessary actions to mitigate the effects of climate change in the poorest regions of the world.
- The international community must recognize the importance of access to social protection for indigenous, migrants, peoples with disabilities and other vulnerable groups.
[1] General Assembly, Report of the World Summit for Social Development, A/CONF.166/9 (12 March 1995), para. 5.
[2] General Assembly, Report on the World Social Situation, 2005, Res/A/60/117 (13 July 2005).
[3] IPCC, AR5 Synthesis Report: Climate Change 2014 (2015).
[4] General Assembly, World social situation 2019: shaping the future of inequality, Res/A/74/135 (8 July 2019).
[5] Gillette H. Hall y Harry Anthony Patrinos, eds., Indigenous Peoples, Poverty and Development, (Cambridge (Reino Unido), Cambridge University Press, 2012).
[6] General Assembly, World social situation 2019: shaping the future of inequality, Res/A//74/135, (8 July 2019), para. 14.
[7] General Assembly, World social situation 2019: shaping the future of inequality, Res/A//74/135, (8 July 2019), para. 16.
[8] Noah S. Diffenbaugh y Marshall Burke, “Global warming has increased global economic inequality”, Proceedings of the National Academy of Sciences of the United States of America, vol. 116, núm. 20 (14 de mayo de 2019).
[9] Stephane Hallegatte y otros, Shock Waves: Managing the Impacts of Climate Change on Poverty (Washington, D. C., Banco Mundial, 2016)
[10] International Labour Organization, World Employment and Social Outlook 2018 – Greening with jobs (14 May 2018).
[11] International Labour Organization, World Social Protection Report 2017-19: Universal social protection to achieve the Sustainable Development Goals (29 November 2017).
[12] Conceptos clave sobre los DESC - ¿Pueden hacerse valer ante los tribunales los derechos económicos, sociales y culturales?, UNHRC, https://www.ohchr.org/SP/Issues/ESCR/Pages/CanESCRbelitigatedatcourts.aspx
Keywords: Social Justice, Development, Peace, Equity, Justice, Human rights, Justice, Geneva, Human Rights, Geneva4Justice.
***
Justice, Human rights, Geneva, geneva4justice, GICJ, Geneva International Centre For Justice
