Problems of Realization of Social and Economic Human Rights

• Main Author: Viktor Kushyk
• Format: Article
• Language: English
• Published: National University of Kyiv-Mohyla Academy 2018-12-01
• Series: Наукові записки НаУКМА: Юридичні науки
• Subjects: the rule of law; human rights; social rights; economic rights
• Online Access: http://nrplaw.ukma.edu.ua/article/view/153078

The article addresses the problems of realization of social and economic human rights in the context of the Universal Declaration of Human Rights, as well as their connection with civil and political rights. It is drawn to the fact that there are certain contradictions between the principles enshrined in the declaration. The author raises the issue of dignity, cultural differences, and justice in the distribution of public goods. The question of the state’s responsibilities in the provision of social and economic rights is considered. States have a primary responsibility for the social and economic well-being of their citizens. Fair economic growth must play a decisive role in this area, and it is important to consolidate the link between the economic policy and the human rights. The support of the international community should, to a certain extent, be conditional on the governments of individual countries fulfilling their own responsibilities. The Universal Declaration of Human Rights leaves open the question of the placement of social and economic rights in the constitutions of the countries and the issue of their judicial protection. The most effective instrument for realizing these rights will be the development of social legislation, rather than the general provisions of social rights in the constitutions of countries. However, the problems faced by many states can not be fully solved by the efforts of the state alone. The question of morality is the interpretation of the provisions of the Declaration on Social and Economic Rights as an obligation of the international community to act to prevent poverty in the world. The possibility of involving not only states but also international enterprises in the process of combatting poverty is considered. On the basis of the Declaration, the companies and other interested parties begin to formulate sectoral standards of human rights. Possible ways to implement social and economic rights at the local and global levels are also discussed.