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Name of Article:
Aspirational Principles or Enforceable Rights? The Future for Socio-Economic Rights in National Law 
Title of Book/Journal:
American University International Law Review 
Type:
Article 
English Translation:
 
Publication Date:
2006     
Author(s):
 Editor(s):
 
Volume:
22 
Issue:
Pages:    
Corporate Author:
 
Publisher:
   
EPA Number:
 
Other Number:
   
Keyword(s):
NUCLEAR WASTE
UTAH
Comments:
 
 
 
 
    
 
Annotation:
The issue of legal enforceability has been the primary obstacle impeding the development of socio-economic rights since their inception in the Universal Declaration of Human Rights ("UDHR"). Civil and political rights, which have not met with the same resistance, have almost universally been promoted to an enforceable status in national law. Yet it may be, as many commentators have recently suggested, that problems with enforcing socio-economic rights have been overstated, and have even been used to mask ideological misgivings. Such suggestions are supported by an increasing body of case law emerging from a number of jurisdictions, which has arguably put the issue of legal enforceability "beyond question." Without legal enforceability, it is widely believed that socio-economic rights will remain ineffectual as legal entities. This paper will therefore address the major issues of principle and practicality involved. I will propose that if socio-economic rights became legally enforceable, this would provide a vital counterbalance to the elevated position of civil and political rights, particularly in the context of an increasing wealth gap associated with free market capitalism. However, I will also highlight important practical matters to be addressed if enforceable socio-economic rights are to be viable in practice, and outline some appropriate mechanisms.
 
 
       
 
 
 

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