The possibility of litigation on social rights

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عبد الكريم بن الشريفي

Abstract

Summary:


Rights and freedoms with economic and social content represent the second generation of the list of rights and freedoms stipulated in international covenants, declarations and covenants related to human rights, considering that rights and freedoms with political and civil content represent the first generation in this regard, and the main goal behind the establishment of economic and social rights is Achieving social justice, insurance against illness and poverty, incapacity to work, getting rid of unemployment and creating decent work opportunities for individuals. This prompted many developed and developing countries alike to stipulate these rights in their constitutions and surround them with care, and despite the importance of economic and social rights, it is noticeable that interest in them legally and practically has come late, as opposed to interest in political and civil rights. Although the first rights are what give the latter its content and content, considering that recognizing individuals with economic and social rights would liberate them from the material domination of any party, and would enable them to lead a decent life and perform their role in society in a better way. . For it is certain that the political will of the individual will be more free when he is freed from the concerns of unemployment, ignorance and disease. Likewise, individuals obtaining economic and social rights will achieve them naturally, not theoretically, that political and civil rights and freedoms can achieve for them.


Key words: life, reality, economy, equality, political.


 

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How to Cite
[1]
بن الشريفيع. ا., “The possibility of litigation on social rights”, African Journal of Political Sciences, vol. 6, no. 1, Dec. 2018.
Section
political sciences

References

United Nations Office of the High Commissioner website: www.ohchr.org.
Human Rights in the Administration of Justice: A Handbook on Human Rights for Judges, Followers, and Lawyers.
Attachment 5: Maastricht Guidelines on Violations of Economic and Social Rights.
Attachment 6: Lomborg principles relating to the implementation and realization of economic and social rights.
Report of the Special Rapporteur on the right to food, Hilal Elver - Access to justice and the right to food.
Strategies for realizing economic, social and cultural rights through local legal systems.
-Abdelaziz Al-Arousi, Moroccan Legislation and International Human Rights Agreements: Legal and Constitutional Adaptations, Publications of the Moroccan Journal of Management, Local and Development, Topic Hour Series Issue: 87 First Edition: 2014

[1] - UN Office of the High Commissioner: www.ohchr.org

[2] - Human Rights in the Administration of Justice: A Handbook on Human Rights for Judges, Followers, and Lawyers, p. 212

[3] - Attachment 6: Lomborg principles relating to the implementation and realization of economic and social rights

[4] - Attachment 5: Maastricht Guidelines on Violations of Economic and Social Rights

[5] - Report of the Special Rapporteur on the right to food, Hilal Elver, Access to justice and the right to food: the way forward Human Rights Council Twenty-eighth session Agenda Item 3.

[6] - Strategies for realizing economic, social and cultural rights through local legal systems.

[7] - Dr. Abdelaziz Al-Arousi, Moroccan Legislation and International Human Rights Agreements: Legal and Constitutional Adaptations p. 491/491

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