Research On Adequate Standard Of Living Under The Vision Of International Law

The adequate standard of living is a social rights which is different from other human rights, which is clearly defined on the international convention. In modern society, people are always fighting for surviving, fighting for basic guarantee of the minimum standard of living for their family. However, there are always different struggles of interests. The appearance of the differences between the rich and the poor rights, caused violated in different degree. The openness of the human rights has enriched the human life. Since the second world war, all countries are preparing for the human rights in positive efforts, and the UN has helped a lot. The progressing from the first generation of human rights to the second generation has been a qualitative leap. Civil society right now as a representative of the second generation of human rights has been accepted by most people from most countries. Have such premise, the adequate standard of living has become the representative of citizen’s social rights, gradually drew lots of attention from the theoretical circle and gathered lots of national attention. At present, all sorts of debates about the adequate standard of living also show a tendency of thought contend. In our country, the right to an adequate standard of living of some research articles were quite rare. Only some academic studies can be concluded that the researchers’ understanding of the adequate standard of living does not only lays on the surface of the meaning, but more deeply in practice to study, to explore, some even put the right in real life. The constitution is the basic law of a country, in the republic of South Africa, the constitution has already discussed the adequate standard of living and and has already begun to practice. However, there remains lots of problems in our country.This thesis including four chapters, mainly about the adequate standard of living and its protection problems. Chapter One introduces the adequate standard of living’s basic information: including the meaning and the characteristics, and also of course about its origin. Based on these information for adequacy standard of living rights have a preliminary understanding. By comparing with the other rights associated, such as the right to life, the minimum living guarantee and the right to social assistance, through the compare we got to know the necessity of this research and the significance of studying the rights.Chapter Two mainly focuses on the controversy about the adequate standard of living- the determination of adequacy standards. First by discussing the existing standards broadly, and then at the micro level, "adequacy criteria" on the basis of its deconstruction.Chapter Three mainly introduce some of the international human rights law about ensuring the adequate standard of living both in legislation and in practice, and gain some enlightenment. The first section took the Economic, Social and Cultural Rights Convention and the Universal Declaration of Human Rights and some other international human rights law for example, aiming to interpret of international human rights law about the adequate standard of living. In the second section took the European convention on Human Rights and some related domestic law for example, aiming to interpret the practice of the right in other countries. Through the two sections above, we got to know the guarantee of adequate standard of living and in the third section, mainly including putting the adequate standard of living to the human rights law, and clarifying of the specific standards, as well as the special protection to the vulnerable groups.The first section of Chapter Four is first based on the constitution of the People’s Republic of China, and other related laws and regulations to gain a clear understanding of legislation to ensure the adequate standard of living right in our country. The second section mainly analyzes the of existing problems in practice, aiming to solve these problems. The third section puts forward some suggestions, mainly includes building a complete adequacy standard of living in the laws and regulations, establishing a complete minimum living security system, and to give the ability that citizens can exercise the adequate standard of living.