Law Commons^™

The American Rejection Of Economic Rights As Human Rights And The Declaration Of Independence: Does The Pursuit Of Happiness Require Basic Economic Rights?, Linda M. Keller

NYLS Journal of Human Rights

This article explores the economic dimension of the Pursuit of Happiness in the Declaration of Independence and how it undercuts the notion that economic and social rights under international human rights law are somehow un-American. The United States government seems to believe that economic rights are not truly human rights, but rather radical Cold War era entitlements advocated by communists. The minimum-needs conception of the pursuit of happiness suggests that economic rights are enshrined in a document considered part of the foundation of democracy.

Part I evaluates the rejection of economic rights in the United States, focusing on international commitments. …