The Adequate Standards Of The Right To An Adequate Standard Of Living

The right to an adequate standard of living ,which exists in the international legal document such as"the Universal Declaration of Human Rights","the International Pledge of Economical,Social and Culture Right"as well as"Convention on the Rights of Children", is an international human rights. The rights of health,food,housing and attendance are all the systematic expressions of the right to an adequate standard of living. Therefore, the right is directly related to our daily life. First of all, it solves the problem of satisfaction of daily life needs, which is the most basic to people. It also concerns people′s clothing,food and housing ,on which people rely to exist. Second, it concerns about the assistance and protection of the weak, intending to seek social justice and equality. What it emphasizes is that the country undertakes the gradual duty to realize those rights in the scope of its resource ability by proper means and with a trustworthy image. Last, the right to an adequate standard of living is the starting point and ascription of the entire International Pledge of Economic and Culture Right. Thus, it has the foundational status in the overall frame of human rights.However, as far as the present international related legal document and its operation concerned, there is a common problem that the standard of suitability is excessively high. For most developing countries, they are unable to achieve the goal in short term. Speaking of its essence, the existed right to an adequate standard of living manifests the value and system of liberalism′s and democratic industrial society. It implicitly summoned all the countries in the world to turn into industrial societies of liberalism and democracy, requiring the relative backward countries to develop facing the goal by taking "domestic,international gradual measure". This means that the developed country factually get the control over the developing by using the right to an adequate standard of living.Based on the above premise understanding, I cannot but prove the validity of the right to an adequate standard of living in theory, which also constitutes the logic premise of inquiry into the suitable standard. In order to explain this question, I take following three steps: First, the value and significance, which has university or"commensuration"and exists in international legal document related to the right to an adequate standard of living, at least contains people′s looking forward to good living condition they think, whereas actual exterior appraise is of no significance. In other words, the premise of yearning for good living condition they think is universal. As to the way and the system chosen, it is in each country′s own stipulation. Second, the standard is not a highest one but a lowest one. Third, I take up Rawls'"overlap mutual recognition"theory to prove that the lowest standard can attain unanimity in the international society.Through preceding analysis, I myself think the adequate standard of the right to an adequate standard of living cannot be quantified at the level of international human right law. In other words, the mutual recognition various countries achieve should not be concrete suitable standard, but must be one about abstract suitability itself; one about the principle to determine suitability; one about what is beyond human′s tolerance. However, we have to regard ourselves as the object of observation and research in order to have a real understanding of foreign country′s human rights condition and degree of development. Or, we should not strictly distinguish we viewers and researchers from the human condition and degree of development as research object, but attend foreigners′daily life as apart, then to form the bidirectional interaction between the viewers and the object. This is a premise for real understanding of the other side′s human rights condition and degree of development. Only through real understanding of foreigners′real life necessities, researchers and practitioners who are engaged in international human rights are able to really understand the human rights related phenomenon occurs in foreigners′life, then to make some persuasive explanation. At the same time, when enter into foreigners′real life, researchers and practitioners have to get rid of inherent prejudice in brain in order to have a better understanding of the phenomenon related to human rights. Therefore, the foreigners′real life becomes the interaction platform between the researchers and the object. I propose some denial standard on this base. It is as following: no violation of basic human life style and customs; no violation of human′s dignity; no violation of a person′s normal comprehension faculty; no violation of society′s whole existence background and so on.I consider the suitable standard of the right to an adequate standard of living negatively and establish some negative principles to determine suitable standard. But I have to face this kind of question that it is improper if we completely don′t consider the feasibility of the"the right to lowest standard of living"inside a country. Because citizen in this country don′t have the opportunity and possibility to obtain protection through law(that is the judicial way)without such a feasibility standard. Thus, take the right to housing in Chinese cities and town for example, I put forward some practical standard in the text.