Justiciability of Economic, Social and Cultural Rights
Journal Title: Academicus - International Scientific Journal - Year 2014, Vol 5, Issue 9
Abstract
Human Rights are natural rights that nature has given to all human beings and are inseparable, undividable and inalienable from human beings. They are vital, necessary and indispensable to a modern society, which without them would be unable to function and cannot be developed. From another perspective, “human rights are indivisible rights on individuals, based on their nature as human beings; they protect these potential attributes and holdings that are essential for a worthy life of human beings”.Human Rights in general and especially ESCR would be just illusory if they wouldn’t be justiciable. In relation to civil and political rights, it is generally taken for granted that judicial remedies for violations are essential. Regrettably, the contrary assumption is too often made in relation to ESCR. This discrepancy is not warranted either by the nature of the rights or by the relevant Covenant provisions, but is rather a result of states’ attempts to justify their failure to perform their obligations under ICESCR.
Authors and Affiliations
Jordan Daci
Keywords
Related Articles
- EP ID EP146893
- DOI 10.7336/academicus.2014.09.04
- Views 136
- Downloads 0
A general overview of the literature for children in the first part of the 20th century
Although in the first decades of the 20th century the Albanian literature for children did not recognize any distinguished literary work, a series of liberation insurrections in north and south as well as the Declaration...
Legal Principles, Legal Values and Legal Norms: are they the same or different?
Legal principles, legal values, and legal norms are essentially part of the same notion. Often in legal literature, legal principles are considered to be legal norms, general legal norms, legal values etc. In fact, legal...
Workplace Bullying Scale: The Study of Validity and Reliability
The aim of this research is to adapt the Workplace Bullying Scale (Tınaz, Gök & Karatuna, 2013) to Albanian language and to examine its psychometric properties. The research was conducted on 386 person from different...
Developing Interethnic and Intercultural Competencies - Aims and Syllabus in the Context of Elementary Education Students in Republic of Macedonia
Тhe main goal of our theoretical research was to show how much the syllabus allow development of awareness about the diversities and development of life values in multiethnic and multicultural environments. In that conte...
Protection of the Human Right to Water Under International Law - The Need for a New Legal Framework
The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses. An adequate amount of safe water is necessary to prevent death from d...