Sunday, March 15, 2020
Are Socio-economic rights justiciable Essays
Are Socio-economic rights justiciable Essays Are Socio-economic rights justiciable Essay Are Socio-economic rights justiciable Essay a mistrust that seems common throughout the governments of the world. One may insist that human rights most urgently need asserting and defending, both in theory and in practice, where they are most denied. Indeed, the language of rights only makes sense at all in a context where basic requirements are vulnerable to standard threats; can one imagine a right to clean air in an pre-industrial society. The Human Rights agenda does have an aspirational and promotional dimension, which is of course wholly necessary, but it does not constitute mere rhetoric. So, to express economic and social requirements in the language of human rights does more than just emphasise the obligations of governments and international agencies and their respective publics. Socio-economic rights can be said to have justiciability but that is not to say that one should not consider them not having it. The only clear answer can be determined after a line of case law in a variety of countries whereby one can determine how effectively they can be implemented. The trouble is that governments are unlikely to want to take the initial risk of implementing untested legislation for, as mentioned earlier, in democracies the government must maintain the confidence of the electorate and bad legislation can be very expensive in electoral terms.
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