The Right to a Decent Standard of Living: The International Legal Framework for Ensuring

Abstract

Introduction: The article examines some specific characteristics and challenges of ensuring the right to an adequate standard of living from the international regulation perspective. The comparative study of some universal and regional international human rights instruments enabled the author to identify the major approaches to interpreting this category. The findings presented indicate the absence of clear normative certainty regarding the content of the right to clothes as an element of the right to an adequate standard of living. The objective consists in identifying the substantive basis of the right to an adequate standard of living, with the ultimate aim of formulating recommendations and proposals for the further adaptation of the relevant international legal guarantee. The specific goal is to conduct a comprehensive analysis of legal and related international instruments to determine the actual level of elaboration of the right to a decent life style. Methodology: The study directly applies the method of content analysis of international and regional instruments regulating the right to an adequate standard of living, as well as the analysis of the practice of the Committee on Economic, Social and Cultural Rights in this field. An interdisciplinary approach is used to examine the interrelation of the right to an adequate standard of living with economic and social factors. Results: It appears possible to specify the content of such an abstract concept as the right to an adequate standard of living, as well as its elements (the rights to clothes, housing, and food), which enhances the effectiveness of their implementation. The study may contribute to clarifying these provisions in the practice of international organizations, such as the United Nations, and in the decisions of some specialized bodies (for example, the Committee on Economic, Social and Cultural Rights). Notably, from a doctrinal perspective, the right to clothes rarely becomes the subject of independent detailed analysis, which a priori indicates a gap in scholarly understanding. Conclusions: To ensure the right to an adequate standard of living, further development of the right to clothes is required, which entails: (a) collecting information on the scale of clothing deprivation and the measures taken to address it in specific countries; (b) formulating the criteria for the adequacy of clothing; and (c) establishing specialized monitoring mechanisms. At the regional level, the legal expression of this category is not harmonized, and the level of social protection varies significantly from state to state.