Social, Economic and Cultural Rights
David Feldman (ed) English Public Law (2nd Ed., Oxford University Press, Oxford, 2009) pp. 453-497
45 Pages Posted: 20 May 2013
Date Written: January 1, 2009
Abstract
Human rights have traditionally been divided into two kinds: civil and political rights and social, economic and cultural rights. Civil and political rights have been understood to refer to rights which protect individuals against intrusion by the state, while social and economic rights concern rights to protection by the state against want or need. However, civil and political rights should not be regarded as distinct from social and economic rights. Both sets of rights give rise to positive and negative duties. It is therefore more useful to focus on the nature of the obligation generated by different rights. The real challenge for English public law arises when a right of whatever sort gives rise to positive duties. This chapter explores the nature of social and economic rights, the sources of social and economic rights, and the application of social and economic rights in English law.
Keywords: Social rights, economic rights, justiciability, English public law
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