The nature of social rights as obligations of international law: resource availability, progressive realization and the obligations to respect, protect, fulfil

2020 ◽  
pp. 19-42
Author(s):  
Veronika Bílková
Keyword(s):  
International Law ◽  
Resource Availability ◽  
Social Rights

scholarly journals CHALLENGES OF INTERNATIONAL LEGAL PROTECTION OF THE DIGNIFIED HUMAN EXISTENCE IN THE ERA OF THE FOURTH INDUSTRIAL REVOLUTION

2020 ◽  
Author(s):  
Paunita Petrova ◽  
Keyword(s):  
Human Resources ◽  
International Law ◽  
Industrial Revolution ◽  
Legal Protection ◽  
Human Existence ◽  
Social Rights ◽  
Fourth Industrial Revolution ◽  
Right To Work ◽  
The Right ◽  
Increased Pressure

International law must take into account all the challenges of the Fourth Industrial Revolution and respond adequately to them. It must develop and strengthen the protection of social rights, the right to work, as opposed to the increased pressure on human resources.

Economic and Labor Rights of Children

2020 ◽  
pp. 348-366
Author(s):  
Manfred Liebel
Keyword(s):  
Human Rights ◽  
International Law ◽  
Children's Rights ◽  
Moral Rights ◽  
Labor Rights ◽  
Social Rights ◽  
National Legislation ◽  
Working Children ◽  
Legal Concepts ◽  
The Relationship

This chapter attempts to answer the question of whether children have economic and labor rights and, if so, what that means in practice. With regard to international law, this chapter attempts to clarify the relationship between different areas of law and the relationship between various legal concepts that are relevant to the protection of children’s economic and labor rights. More specifically, the chapter explores the relationship between human rights in general and children’s rights in particular as well as the relationship between economic and social rights, human and labor rights, and legal and moral rights. This chapter also focuses on working children and their associations and which economic and labor rights they consider necessary. In addition, the chapter discusses how these rights are, or should be, reflected in international law and in national legislation. Finally, the key obstacles to protecting children’s economic and labor rights in international law are discussed, that is, what practical difficulties are to be overcome on the ground to realize and bring to life the economic and labor rights of children.

Re-examining States’ External Obligations to Implement Economic and Social Rights of Children

2009 ◽  
Vol 22 (2) ◽  
pp. 407-449 ◽  
Author(s):  
Michael Wabwile
Keyword(s):  
International Law ◽  
General Assembly ◽  
Social Rights ◽  
Human Beings ◽  
Legal Basis ◽  
Economic Rights ◽  
Rights Of The Child ◽  
State Practice ◽  
Un General Assembly ◽  
Social And Economic Rights

International law on the protection and promotion of social and economic rights of the child binds states parties to respect, protect and secure these rights both in their own territories as well as to contribute to the programmes for such fulfilment in other countries in a strategy aiming at global implementation of these rights. This paper explores the legal basis for states‘ external obligations to support fulfilment of social and economic rights. It surveys inter alia the relevant treaty texts, explanatory resolutions of the UN General Assembly and statements in reports submitted by states parties to the UN monitoring committees, and argues that recent state practice and interpretation of human rights obligations confirms the extraterritorial obligations to support fulfilment of these rights. Since these are obligations to fulfil the rights of human beings in other countries rather than obligations to third states, they can be referred to as ‘diagonal obligations‘ to distinguish them from inter-state horizontal responsibility.

scholarly journals International Legal Protection of Social Rights and the Principle of Dignified Existence

2020 ◽  
pp. 69-75
Keyword(s):  
International Law ◽  
Legal Protection ◽  
Human Existence ◽  
Social Health ◽  
Social Rights ◽  
Dignified Life

The entire established system of international legal protection of social rights is fulfilled by the idea of decent human existence. Its norms, defending at first glance the heterogeneous categories of social rights – labor, social, health and educational – are united by the unified principle of dignified life. Decent human existence justifies the unity and indivisibility of all social rights. It is the moral source of their protection under international law.

scholarly journals PEMULIHAN (REPARATIONS) KORBAN PELANGGARAN BERAT HAK ASASI MANUSIA DI ARGENTINA DAN CILE

Asy-Syari ah ◽  
2019 ◽  
Vol 19 (2) ◽  
pp. 175-196
Author(s):  
Andrey Sujatmoko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rome Statute ◽  
State Responsibility ◽  
Human Rights Violations ◽  
Social Rights ◽  
Legal Obligation ◽  
Military Dictatorship ◽  
The Past ◽  
The Military

AbstractReparation is an integral part of state responsibility for the past of gross human rights violations committed in any country and it is also legal obligation under international law. Those violations have ever committed in Argentina (1976-1983) and Chile (1973-1990) during the military dictatorship regime. The applied method in this study is descriptive-analytic with historical approach to the reparation efforts for the victims of the past gross human rights violations in those countries. The author concludes that the characteristic of the gross human rights violations committed in Argentina and Chile can be categorized as crime against humanity based on the Rome Statute 1998. Reparations programs by fullfiling economic and social rights of the victims of gross human rights violations have been done by both countries as well.  Keywords: Reparation, Victim, Violation AbstrakPemulihan adalah bagian integral dari tanggung jawab negara atas pelanggaran berat HAM masa lalu yang terjadi di dalam suatu negara dan hal itu juga merupakan kewajiban hukum menurut hukum internasional. Pelanggaran-pelanggaran tersebut pernah terjadi di Argentina (1976-1983) dan Chile (1973-1990) selama rezim diktator militer berkuasa. Metode yang digunakan dalam kajian ini adalah deskriptif analitis dengan pendekatan historis terhadap upaya upaya-upaya pemulihan terhadap para korban pelanggaran berat HAM masa lalu di kedua negara tersebut. Penulis menyimpulkan bahwa karakteristik pelanggaran berat HAM yang terjadi di Argentina dan Cile dapat dikategorikan sebagai kejahatan terhadap kemanusiaan berdasarkan Statuta Roma 1998. Program-program pemulihan dengan memenuhi hak-hak ekonomi dan sosial dari para korban pelanggaran juga telah dilakukan oleh kedua negara itu. Kata Kunci: Pemulihan, Korban, Pelanggaran

scholarly journals PRAWA SOCJALNE ich miejsce w systemie prawa oraz znaczenie w społeczeństwie

2018 ◽  
Vol 3 (1) ◽  
pp. 77-102
Author(s):  
Anna Kalisz
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Social Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
2Nd Generation ◽  
Historical View ◽  
Institutional Structures

The paper is an approach to present the category of social rights in the background of entire legal system of the human rights protection. It is particularly dealing with the issue of nature of the 2nd generation of human rights and its significance for society. It starts with a brief presentation of the philosophical (human dignity) and normative roots as well as a short historical view of the human rights’ codification; the established legal terminology (human rights, fundamental rights, individual rights and liberties) and various levels of the legal protection (international – of global or regional nature, supranational and national one). Thereafter it focuses directly on the issue of social rights. Unlike the 1st generation of human rights, they are rather connected with public activity, policy and services (facere) than with autonomy and liberty (non facere). This, in turn, demands appropriate institutional structures and procedures. Social rights are hardly provided – in a binding and effective way – by global or regional international law. Thus, the burden of their protection, guaranty and execution is satisfied by the particular state and depends on its economic and social circumstances. On the other hand – they significance is based on fact that they serve the protection of social security which is the fundamental issue for both – dignity and sense of community.

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