⚠️ This resource is for educational purposes only and does not constitute legal advice.
📘 UDHR — Economic, Social & Cultural Rights
Articles 22–27 | Universal Declaration of Human Rights | LLB Study Guide
📌 Overview: Economic, Social & Cultural Rights (Part C)
Articles 22 to 27 of the Universal Declaration of Human Rights (UDHR, 1948) form Part C — the Economic, Social & Cultural Rights. These rights ensure that every human being can live with dignity, security, and participation in society.
Why These Rights Matter
- They guarantee a minimum standard of living for all people.
- They protect workers, families, children, and students.
- They ensure participation in culture, science, and public life.
- They are positive rights — the State must actively provide or protect them.
| Article | Topic | Core Idea | Key Phrase |
|---|---|---|---|
| 22 | Social Security | Everyone deserves social protection | "indispensable for dignity" |
| 23 | Right to Work | Free choice of work, equal pay, fair wages | "equal pay for equal work" |
| 24 | Rest & Leisure | Reasonable working hours, paid holidays | "periodic holidays with pay" |
| 25 | Adequate Standard of Living | Food, shelter, health, motherhood protection | "right to a standard of living" |
| 26 | Right to Education | Free elementary education, parental choice | "education shall be free" |
| 27 | Cultural & Scientific Participation | Right to culture, science & moral interests | "freely participate in cultural life" |
🔹 Article 22 — Right to Social Security
Simple Explanation
- Every person has the right to social security — a safety net provided by the State.
- The State must put in place national effort and international cooperation to fulfil this right.
- This includes rights needed for a person's dignity and free development of personality.
- Subject to resources and organisation of each State — but the duty exists.
Key Concepts
- Social Security: Government programmes protecting people from poverty, sickness, unemployment, old age.
- Indispensable: Cannot be taken away; absolutely necessary.
- National + International effort: Both domestic and global action required.
📌 Example: A worker who loses their job should receive unemployment benefits from the government (like ESIC in India) — this is social security in action.
| Element | Meaning | Key Point |
|---|---|---|
| Social Security | State protection net | Universal entitlement |
| Dignity | Living with self-respect | Minimum standard guaranteed |
| National Effort | Government action | Budget & policy obligations |
| Int'l Cooperation | Global solidarity | Developing nations supported |
🔹 Article 23 — Right to Work
Simple Explanation
- Everyone has the right to work, free choice of employment, just & favourable conditions of work, and protection against unemployment.
- Everyone has the right to equal pay for equal work without discrimination.
- Everyone has the right to just and favourable remuneration — enough for a dignified life.
- Everyone has the right to form and join trade unions to protect their interests.
Four Key Sub-Rights Under Article 23
- 1. Right to work: Freedom to choose a profession or vocation.
- 2. Just conditions: Safe working environment, fair hours, no exploitation.
- 3. Equal pay: No pay discrimination on basis of gender, race, religion, etc.
- 4. Trade unions: Freedom of association for workers.
📌 Example: A female engineer and a male engineer doing the same job must receive the same salary — this is "equal pay for equal work" under Article 23.
| Sub-Right | Meaning | Example |
|---|---|---|
| Right to Work | Choose any legal occupation | Choosing to be a teacher, doctor |
| Just Conditions | Safe, fair workplace | No child labour, safe machinery |
| Equal Pay | Same pay, same work | Male = Female pay for same role |
| Trade Union | Right to organise | Joining a labour union |
🔹 Article 24 — Right to Rest & Leisure
Simple Explanation
- Everyone has the right to rest and leisure.
- This includes reasonable limitation of working hours — you cannot be forced to work unlimited hours.
- This includes the right to periodic paid holidays — time off with full pay.
Why It Matters
- Prevents exploitation through overwork.
- Ensures physical and mental wellbeing of workers.
- Connects to Article 23 (fair work conditions).
📌 Example: A factory worker should not be forced to work 18 hours a day. They must get Sunday off and annual leave with full pay — protected by Article 24.
| Right | Meaning | Practical Application |
|---|---|---|
| Rest | Daily & weekly rest periods | 8-hour workday, weekly off |
| Leisure | Time for personal life | Recreation, family, hobbies |
| Work Hour Limits | Reasonable hours only | 8 hrs/day standard globally |
| Paid Holidays | Annual leave with salary | Earned leave, casual leave |
🔹 Article 25 — Right to Adequate Standard of Living
Simple Explanation
- Everyone has the right to a standard of living adequate for health and well-being of themselves and family.
- This includes: food, clothing, housing, medical care, necessary social services.
- Right to security in case of: unemployment, sickness, disability, widowhood, old age, or other lack of livelihood.
- Motherhood and childhood are entitled to special care and assistance.
- All children — whether born in or out of wedlock — shall enjoy equal social protection.
Two Sub-Parts
- Art. 25(1): Basic living standards + security in adversity.
- Art. 25(2): Special protection for mothers & children (including illegitimate children).
📌 Example: A widow with two children should receive housing assistance and food support from the State. Both her children have equal rights regardless of their birth status — protected under Article 25.
| Component | Meaning | Key Point |
|---|---|---|
| Food | Nutrition for health | No one should go hungry |
| Clothing | Basic dress needs | Dignity requirement |
| Housing | Shelter & security | Right against homelessness |
| Medical Care | Healthcare access | Universal health coverage |
| Social Services | Support systems | Disability, old age, insurance |
| Motherhood | Special care | Maternity protection |
| Children (all) | Equal protection | No discrimination in/out wedlock |
🔹 Article 26 — Right to Education
Simple Explanation
- Everyone has the right to education.
- Elementary education shall be free and compulsory — no child can be denied basic education.
- Technical and professional education shall be generally available.
- Higher education shall be equally accessible on the basis of merit.
- Education must be directed toward the full development of personality, respect for human rights, and understanding among nations.
- Parents have priority in choosing the kind of education for their children.
Three Levels Under Article 26
- Elementary: Free + Compulsory (no exceptions).
- Technical/Vocational: Generally available (accessible to all).
- Higher Education: On merit basis (equal opportunity).
Aims of Education (Art. 26(2))
- Full development of the human personality.
- Strengthening respect for human rights and fundamental freedoms.
- Promotion of understanding, tolerance, and friendship among all nations.
- Furthering activities of the United Nations for peace maintenance.
📌 Example: A government school providing free primary education to all children up to Grade 8 is implementing Article 26. A parent choosing a religious school for their child is also protected by Article 26(3).
| Level | Nature | Basis | Example |
|---|---|---|---|
| Elementary | Free + Compulsory | Universal right | Govt primary schools |
| Technical/Vocational | Generally available | Accessibility | ITI, polytechnic |
| Higher Education | Equally accessible | Merit | Universities, colleges |
🔹 Article 27 — Right to Cultural & Scientific Participation
Simple Explanation
- Everyone has the right to freely participate in the cultural life of the community.
- Everyone has the right to enjoy the arts.
- Everyone has the right to share in scientific advancement and its benefits.
- Everyone has the right to the protection of moral and material interests from any scientific, literary, or artistic production they have authored — this is the basis of intellectual property rights (IPR).
Two Sub-Parts
- Art. 27(1): Right to participate in culture & science (community right).
- Art. 27(2): Right to protect one's own creative work (individual right = IPR).
📌 Example: A musician has the right to perform at a public festival (Art. 27(1)) AND the right to prevent others from copying their song without permission (Art. 27(2) — Copyright).
| Right | Type | Meaning | Example |
|---|---|---|---|
| Cultural Participation | Community | Attend, join, enjoy culture | Festivals, museums, art |
| Arts Enjoyment | Community | Access to creative works | Theatre, films, music |
| Scientific Benefits | Community | Share in discoveries | Free vaccines, internet |
| Moral & Material Interests | Individual (IPR) | Protect own creations | Copyright, patents |
🔹 Article 22 — Social Security (Deep Dive)
Full Text Summary
Everyone, as a member of society, has the right to social security and is entitled to realisation — through national effort and international co-operation and in accordance with the organisation and resources of each State — of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Legal Analysis
- "Member of society" — applies universally, regardless of citizenship status.
- "National effort + International co-operation" — dual responsibility: domestic government AND global community.
- "Organisation and resources of each State" — acknowledges different capacities; no uniform standard imposed.
- "Indispensable for dignity" — strongest language; cannot be compromised.
- "Free development of personality" — links to Art. 29 (duties to community).
Exam Key Points
- Article 22 is the umbrella provision — it introduces the ESC rights category.
- It is a programmatic right — progressively realisable based on State capacity.
- Both domestic and international obligation exists.
- Connected to ICESCR (International Covenant on Economic, Social and Cultural Rights, 1966).
📌 Exam Example: India's ESIC (Employees' State Insurance Corporation) providing medical benefits to workers = fulfilling Art. 22 obligations.
🔹 Article 23 — Right to Work (Deep Dive)
Four Sub-Rights
- 23(1): Right to work, free choice of employment, just & favourable conditions, protection against unemployment.
- 23(2): Right to equal pay for equal work without discrimination.
- 23(3): Right to just and favourable remuneration ensuring dignity + supplemented if needed by social protection.
- 23(4): Right to form and join trade unions.
Legal Analysis
- "Free choice" — no forced labour, no coercion into any profession.
- "Just and favourable conditions" — covers safety, hours, dignity at work.
- "Equal pay" — explicit non-discrimination in wage matters.
- "Supplemented by other means of social protection" — wages + welfare together.
- Trade unions — essential democratic mechanism for collective bargaining.
📌 Exam Example: A company paying female employees less than male employees for the same work violates Article 23(2). Under Indian law, this also violates the Equal Remuneration Act, 1976.
| Clause | Right | Key Word |
|---|---|---|
| 23(1) | Right to work + choose employment + protection | "Free choice" |
| 23(2) | Equal pay, no discrimination | "Equal pay for equal work" |
| 23(3) | Adequate wages for dignified life | "Just and favourable remuneration" |
| 23(4) | Trade union formation and joining | "Form and join" |
🔹 Article 24 — Right to Rest & Leisure (Deep Dive)
Text Summary
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Three Core Elements
- Rest: Daily break + weekly off from work.
- Leisure: Personal time for recreation, family, personal development.
- Paid Holidays: Annual leave with full salary — not unpaid leave.
Legal Analysis
- Shortest article in Section C — but very significant for labour law.
- Prohibition of excessive working hours — prevents modern slavery in workplaces.
- "Periodic" means regularly occurring — not once in a lifetime.
- "With pay" — the pay element is essential; unpaid leave does not satisfy this right.
- Must be read with Article 23 (just conditions of work).
📌 Exam Example: An IT company requiring employees to work 80 hours/week with no annual leave violates Article 24. Under Indian law: Factories Act, 1948 limits work hours to 48/week + mandates annual earned leave.
| Element | Meaning | Indian Law Equivalent |
|---|---|---|
| Limitation of hours | Reasonable work time | Factories Act – 48 hrs/week |
| Weekly rest | At least one day off/week | Weekly holiday provisions |
| Paid holidays | Annual leave + salary | Earned leave under labour laws |
🔹 Article 25 — Adequate Standard of Living (Deep Dive)
Two Sub-Clauses
Article 25(1) — Basic Living Standards
- Right to adequate standard of living — for health and well-being of self and family.
- Includes: food, clothing, housing, medical care, necessary social services.
- Right to security in: unemployment, sickness, disability, widowhood, old age, lack of livelihood.
Article 25(2) — Motherhood & Childhood
- Motherhood and childhood are entitled to special care and assistance.
- All children — whether born in or out of wedlock — shall enjoy same social protection.
Legal Analysis
- "Adequate" — relative standard; changes with living conditions of each country.
- Six categories of vulnerability: unemployment, sickness, disability, widowhood, old age, other lack of livelihood.
- Article 25(2) was revolutionary in 1948 — equalising rights of all children regardless of birth status.
- Basis of welfare state philosophy — government as a provider of last resort.
📌 Exam Example: India's MGNREGA (employment guarantee), Pradhan Mantri Awas Yojana (housing), and PMJAY (health insurance) are implementations of Article 25(1). The Hindu Succession Act treating all children equally reflects Art. 25(2) spirit.
🔹 Article 26 — Right to Education (Deep Dive)
Three Sub-Clauses
Article 26(1) — Structure of Education
- Everyone has the right to education.
- Elementary education: FREE and COMPULSORY.
- Technical and professional: generally available.
- Higher education: equally accessible on merit.
Article 26(2) — Aims of Education
- Full development of human personality.
- Strengthening of respect for human rights and fundamental freedoms.
- Promotion of understanding, tolerance, friendship among all nations, racial/religious groups.
- Furthering UN activities for peace.
Article 26(3) — Parents' Rights
- Parents have the prior right to choose the kind of education for their children.
Legal Analysis
- In India: Right to Education Act, 2009 (RTE Act) implements Art. 26 — free & compulsory education for 6–14 years.
- Merit-based access to higher education prevents arbitrary discrimination.
- Art. 26(3) protects religious and minority schools chosen by parents.
- Art. 26(2) gives education a value-based purpose — not just knowledge transfer.
📌 Exam Example: A child denied admission to a government primary school due to poverty violates Article 26. India's RTE Act directly enforces this right with 25% reservation for underprivileged children in private schools.
🔹 Article 27 — Cultural & Scientific Rights (Deep Dive)
Two Sub-Clauses
Article 27(1) — Community Rights (Cultural Participation)
- Right to freely participate in cultural life of the community.
- Right to enjoy the arts.
- Right to share in scientific advancement and its benefits.
Article 27(2) — Individual Rights (Intellectual Property)
- Right to the protection of moral and material interests resulting from any scientific, literary, or artistic production authored.
- This is the UDHR basis of Copyright, Patent, and Trademark (IPR) law.
Legal Analysis
- Art. 27(1) is a collective/positive right — access to culture is a public good.
- Art. 27(2) is an individual/negative right — protecting creator from exploitation.
- Tension exists between 27(1) (access) and 27(2) (protection) — resolved through fair use, public domain, etc.
- Basis for TRIPS (Trade-Related Intellectual Property Rights) under WTO.
📌 Exam Example: When a film director's movie is pirated online, Article 27(2) is violated — their material interest in their creation is infringed. India's Copyright Act, 1957 implements this protection.
| Clause | Right Type | Beneficiary | Example |
|---|---|---|---|
| 27(1) | Community right | All persons | Attending a music festival |
| 27(2) | Individual right (IPR) | Creators/authors | Copyright on a novel |
📊 Flowchart — Structure of Articles 22–27
This flowchart shows how Economic, Social & Cultural Rights are organised under the UDHR.
🧠 Mind Map — Economic, Social & Cultural Rights
Visual overview of all six articles and their key concepts.
🗺️ LLB Exam Roadmap — Articles 22–27 (UDHR)
Follow this 5-stage roadmap to master, revise, and ace exam questions on Economic, Social & Cultural Rights.
🟦 Stage 1 — Basics (Foundation)
- Understand what the UDHR is: adopted by UN General Assembly on 10 December 1948.
- Know the three generations of rights: Civil & Political (Art. 1–21), Economic & Social (Art. 22–27), Collective (Art. 28–30).
- Understand the difference between negative rights (State shall not interfere) and positive rights (State must provide).
- Know that Art. 22–27 are positive/programmatic rights — progressively realisable.
- Know the connection to ICESCR 1966 — the binding treaty implementing these rights.
🟩 Stage 2 — Core Provisions (Article-by-Article)
- Art. 22: Social Security — umbrella provision, national + int'l obligation, dignity focus.
- Art. 23: Right to Work — 4 sub-rights: free choice, just conditions, equal pay, trade unions.
- Art. 24: Rest & Leisure — work hour limits, periodic paid holidays.
- Art. 25: Standard of Living — food, clothing, housing, health, security in adversity; motherhood & children (Art. 25(2)).
- Art. 26: Education — free elementary, merit-based HE, aims of education, parents' rights.
- Art. 27: Cultural Rights — community participation + IPR (Art. 27(2)).
🟧 Stage 3 — Procedures / Applications (Indian Law Connections)
- Art. 22 → ESIC Act, 1948 — employees' social insurance in India.
- Art. 23 → Equal Remuneration Act, 1976; Minimum Wages Act, 1948; Trade Unions Act, 1926.
- Art. 24 → Factories Act, 1948 — 48-hour work week, earned leave provisions.
- Art. 25 → MGNREGA, PMJAY, Pradhan Mantri Awas Yojana, PDS (food security).
- Art. 26 → RTE Act, 2009 — free & compulsory education for 6–14 year olds.
- Art. 27 → Copyright Act, 1957; Patents Act, 1970; Trademarks Act, 1999.
🟪 Stage 4 — Case Law Linkage
⚠️ Note: No specific case law was mentioned in the uploaded document. The following are general connections from legal knowledge for exam completeness:
- Art. 23: Randhir Singh v. Union of India (1982) — equal pay for equal work as a constitutional right.
- Art. 25: Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996) — right to health & medical care.
- Art. 26: Unni Krishnan v. State of Andhra Pradesh (1993) — right to education as a fundamental right.
- Art. 27: Eastern Book Company v. D.B. Modak (2008) — copyright and originality test in India.
🟥 Stage 5 — Exam Revision Checklist ✅
- ☐ Can I name all 6 articles (22–27) with their topics in 30 seconds?
- ☐ Can I write the 4 sub-rights of Article 23?
- ☐ Can I explain the difference between Art. 25(1) and 25(2)?
- ☐ Can I name the 3 levels of education in Art. 26 and their accessibility?
- ☐ Can I explain the Art. 27(1) vs 27(2) distinction (community vs IPR)?
- ☐ Can I give one real-life example for each article?
- ☐ Can I link each article to its Indian law equivalent?
- ☐ Can I write a 5-mark answer on "What is Article 26 of the UDHR?"
- ☐ Can I explain why Art. 22–27 are called "positive rights"?
- ☐ Can I write the aims of education under Art. 26(2)?
📋 Roadmap Summary Table
| Stage | Goal | Output / Deliverable |
|---|---|---|
| 1 – Basics | Understand UDHR structure & right types | Know 3 generations; positive vs negative rights |
| 2 – Core Provisions | Master Art. 22–27 content | Write article-by-article notes with examples |
| 3 – Applications | Link to Indian laws & schemes | Table of UDHR Art. → Indian law equivalent |
| 4 – Case Law | Support answers with authority | 2–3 key cases per article (where available) |
| 5 – Revision Checklist | Exam readiness | All 10 checklist points answered confidently |