Human Rights

Download Human Rights as Indivisible Rights (International Studies in by Koch PDF

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By Koch

It's always assumed that monetary, social and cultural rights are other kinds of rights. regardless of this dichotomous conception of human rights we discuss human rights as indivisible, interrelated and interdependent. the aim of the e-book has been to check how the ecu court docket of Human Rights perceives of the indivisibility concept as a felony phenomenon. this is often performed through analysing 5 various socio-economic rights: the fitting to health and wellbeing, the appropriate to housing, the suitable to schooling, the precise to social funds merits and diverse paintings comparable rights. The exam in actual fact illustrates that the courtroom perceives of human rights as indivisible rights and this built-in method of human rights security and its extra capability is mentioned from a hermeneutic standpoint.

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Extra info for Human Rights as Indivisible Rights (International Studies in Human Rights)

Sample text

The wording of the two sets of rights seems to indicate that each of them has an independent existence; yet at the same time there seems to be a certain common protection domain. Something similar applies to the right of workers and employers to organise, which is protected in Articles 5 and 6 of the ESC/RESC on the one hand and Article 11 of the ECHR on the other. While there are indeed major differences in the description of the rights, the wording clearly indicates that there is a common protection domain.

3 The Applicability of the Tripartite Typology to All Human Rights The tripartite typology supposedly applies to all human rights – economic, social, cultural, civil and political – for which reason it has been considered a useful analytical tool in the endeavours to breaking down the hierarchy between the two sets of rights. Admittedly, it might be possible to analyse the majority of human rights at each of the three levels respect, protect and fulfil although the task is far from simple. However, it would be fair to say that the obligation to fulfil has the greatest relevance for economic, social and cultural rights, which explains why the issue of justiciability is usually discussed in relation to these rights.

Although the doctrine of interdependence is meant to serve as a starting point for developing a general interpretative presumption for permeability, the categories as such are descriptive and cannot serve as legal explanations to the 11 12 13 CCPR, General Comment No. 6, The right to life (art. 6), 30 April 1982, para. 5. , p. 782 f. In a later article Craig Scott seems to raise doubts as to the mutual character of the organic or related linkages. At least he underlines that in some contexts it seems analytically correct to emphasise the partial dependence of one right upon protection of another (but not vice versa).

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