Review article
Civil and Political, and Economic and Social Rights – Indivisible or Separable?
Maša Marochini
; Faculty of Law, University of Rijeka, Rijeka, Croatia
Abstract
Nowadays it is widely accepted among scholars that civil and political rights are in their nature generally no different from economic and social rights, and that both categories of rights can impose three different types of duties: to respect, to protect and to fulfil. This indivisibility of rights has also been proclaimed in conclusions of various human rights conferences. Although the interconnection and indivisibility of all human rights have been stressed from the very beginning of the human rights discussion in theory, in practice they have never been equally protected. The reasons for that kind of discrepancy will be analysed in this paper. Also, the current position of civil and political rights, on the one hand, and economic and social rights on the other within regional and global human rights instruments will be looked at, and this presentation will be followed by a discussion of the theoretical approaches to differences between these two categories of rights, if any. The aim of this paper is to show that despite the theoretical indivisibility of rights, in practice they are far from indivisible.
Keywords
civil and political rights; economic and social rights; indivisibility of rights; global and regional human rights systems
Hrčak ID:
123106
URI
Publication date:
30.4.2014.
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