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

See all articles by Sandra Fredman

Sandra Fredman

University of Oxford - Faculty of Law

Murray Wesson

The University of Western Australia Law School

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

Suggested Citation

Fredman, Sandra and Wesson, Murray, Social, Economic and Cultural Rights (January 1, 2009). David Feldman (ed) English Public Law (2nd Ed., Oxford University Press, Oxford, 2009) pp. 453-497, Available at SSRN: https://ssrn.com/abstract=2267212

Sandra Fredman

University of Oxford - Faculty of Law ( email )

Pembroke College
Pembroke Square
Oxford, OX1 1DW
United Kingdom

Murray Wesson (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

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