Arxiv
2024 Arzu Mubariz Alizada
Baku State University
arzualizade2324 @gmail.com
AN INTRODUCTION TO ECONOMIC, SOCIAL AND CULTURAL
RIGHTS’ IMPLEMENTATION AS A POSITIVE OBLIGATION
Açar sözlər: iqtisadi hüquqlar, sosial hüquqlar, mədəni hüquqlar, implementasiya, məcburetmə
Key words: economic rights, social rights, cultural rights, implementation, enforcement
Ключевые слова: экономические права, социальные права, культурные права, реализация,правоприменение
Introduction
During the Cold War when the international normative framework for the protection of human rights was in the process of negotiation by the United Nations, ideological perceptions about differences between the two sets of rights were allowed to undermine the persuasive logic of their unitary moral and existential foundations. Nevertheless, it must also be accepted that the constructs of civil and political and social, economic and cultural rights are products of different political philosophies, with correspondingly different ideas of the relationship between individual and state and the role of the individual as a citizen in society. It is also clear that, despite the polarization of ideological constructs since the end of World War II, a more holistic conception of social democracy has prevailed in Western Europe, whereby governments have accepted international and domestic obligations to safeguard traditional democratic freedoms while at the same time ensuring varying levels of economic and social provision. Now, the United Nations General Assembly has adopted by consensus, on 10 December 2008, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights which paves the way for individual complaints of economic, social and cultural rights against States Parties, it seems to be an appropriate time to reflect on why it has taken so long for these developments to occur. The Protocol opens for ratification by States Parties on 24 September 2009. Before any high expectations are placed on the Optional Protocol to deliver better implementation of economic, social and cultural rights, there is a need to issue temper that expectation with some realities of the past. At the same time there is tremendous optimism that economic, social and cultural rights obligations can no longer be ignored or wished away by many States. So, I focused the historical development; the needs and the ways of the implementation of social, economic, cultural rights.
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