Skip to content

Enforceability of ESC Rights: some background and misleading assumptions

In the American continent, a Declaration of the Rights and Duties of Man combined Civil and Political Rights and Economic Social and Civic provisions with no distinction. But they grew apart. Español

Published:

 

foto esc_0.jpg
foto esc_0.jpg

Due Process of Law Foundation/Jaume Escarta. All rights reserved.

After World War II, a paradigm of States’ promotion of social welfare was predominant in several western governments, including those that lead the peace conferences that galvanized the constitutive instruments of the United Nations. This environment influenced the drafting of the Universal Declaration of Human Rights and regional human rights declarations in Europe and the Americas. The Universal Declaration of Human Rights of 1948 enshrines several civil and political rights (CPR) along with economical, social and cultural rights (ESCR). This trend was followed in the American continent, where a Declaration of the Rights and Duties of Man combined CPR and ESCR provisions with no distinction.