Marginality of economic and social rights 2016, para. 12
Paragraph- Paragraph text
- Some will contest this assessment, while others will suggest that the difference in attention and in the practical legal recognition accorded to the two sets of rights - civil and political rights on one hand, and economic, social and cultural rights on the other - does not really matter. In fact, it matters a great deal, and for a number of reasons. The most basic is philosophical, in the sense that it is agreed that the two sets of rights are indispensable elements in enabling individuals to live dignified and fulfilling lives. It is also important for doctrinal reasons. The equal status of the rights recognized in the Universal Declaration of Human Rights reflects a hard-fought ideological and political compromise, not only between capitalist and communist approaches in the 1940s, but between continuing differences in perception over what societies should value most and the terms of the social contract between the State and its inhabitants. It is the glue that has held the package together and the understanding that enables the reconciliation of otherwise starkly competing visions. It reflects the need to achieve an equilibrium among goals that will inevitably always be in tension with one another. Whether the equal importance of the two sets of rights can also be demonstrated empirically is a matter over which economists and others have long duelled, and instrumentalist arguments continue to be heavily relied upon in making the case for goals such as gender equality. But, regardless of the conclusions that might emerge from such research, the validity of the underlying principle cannot be held hostage to the uncertainties of empirical analyses.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Other
- Paragraph number
- 12
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