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THE LONG ROAD TO THE INTERNATIONAL RECOGNITION OF ECONOMIC AND SOCIAL RIGHTS: THE RIGHT TO AN ADEQUATE STANDARD OF LIVING
The Age of Human Rights Journal ( IF 0.2 ) Pub Date : 2018-12-19 , DOI: 10.17561/tahrj.n11.3
GERMANA AGUIAR RIBEIRO DO NASCIMENTO

A long road was necessary for economic and social rights to be internationally recognized. In fact, it was only after the Second World War that the protection of human rights, including economic and social rights, became one of the aims of the United Nations. Despite that, this legal protection was by no means made without controversies, especially when it comes to economic and social rights. The fact that most of the articles of the Universal Declaration of Human Rights refer to civil and political rights corroborates these difficulties. Only articles 22 through 27 protected economic and social rights. The objective of this article is to shed some light into this process, as the Universal Declaration has been the foundation of the codification of the whole human rights system. Particular attention will be given to the discussions around the inclusion of article 25 that refers to the right to an adequate standard of living. It is interesting to analyze how this right was adopted during the process of elaboration of the Declaration, as it was then incorporated by so many texts and influenced the recognition of other rights. In fact, if today we are able to have autonomous rights to water, to health, to food, to housing and to education, it is thanks to the proclamation of the right to an adequate standard of living in the first place.

中文翻译:

国际经济和社会权利公认的漫长道路:适足的生存权

要使经济和社会权利得到国际承认,必须走很长的路。实际上,直到第二次世界大战之后,保护人权,包括经济和社会权利,才成为联合国的目标之一。尽管如此,这种法律保护绝不是没有争议的,特别是在涉及经济和社会权利时。《世界人权宣言》的大多数条款都提到公民权利和政治权利,这一事实证实了这些困难。只有第22至27条保护了经济和社会权利。由于《世界人权宣言》已成为整个人权制度的基础,因此本文的目的是为这一进程提供一些启示。将特别关注围绕纳入第25条的讨论,其中提到享有适足生活水准的权利。分析这项权利在拟订《宣言》的过程中是如何被采纳的,这很有趣,因为它随后被许多案文纳入并影响了对其他权利的承认。实际上,如果今天我们能够拥有对水,健康,食物,住房和教育的自主权,这首先要归功于宣布享有适足生活水准权。
更新日期:2018-12-19
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