Judicial Enforcement of Economic, Social and Cultural Right

Aulona Haxhiraj
Abstract:
Economic, social and cultural right (“social right”) have historically been viewed as distinct in natyre and scope from civil and political right. Rather than being viewed as judicially enforceable rights of immeadiate application, such rights have widely been considered non-justiciable programmatic goals to be archieved progressively within available resources, through political processes. The purpose of this paper is to provide the legal and analytical tools to understand why this dichotomy is false. The paper will consider the international normative framework for the legal protection of social rights, the specific content of state obligations under treaties dealing with such rights, how the international social rights monitoring system functions, and the various obstacles and opportunities currently facing the judicial enforceability of social rights. In every society there is violation which implies its citizen not get proper social right, economical right and cultural right. Proper implementation and adoption of judicial enforcement can reduce this violation rate and established social peace. Step mentioned in the above might not perfect but it might be small starting and ensure social, culture & economical right for the people living in the society.

Keywords:
economic right, social right, cultural right, judicial enforcement, international right

Full text available in PDF: Academicus-MMXIII-8-221-230.pdf

Digital Object Identifier (DOI): http://dx.medra.org/10.7336/academicus.2013.08.14

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