The conditions that emerge social rights in England and their reflections on positive law

The scope of human rights has not been clarified since the emergence of the modern idea of human rights. At this point, it can be said that the most outstanding discussions are regarding the social rights, which are incompatible with liberalism, where the idea of human rights is rooted. At one point, the idea of classical human rights was not sufficient enough, thus its scope had to be expanded in certain way which is contrary to its liberal basis. To answer the question of what are the reasons of the emergence of social rights is essential in terms of comprehending both the development of the idea of human rights and the function of social rights. Regarding the foundations of social rights, the Industrial Revolution and the results of industrialization are frequently referred to. The way to discover whether the foundations of social rights are in the Industrial Revolution and the subsequent period is through the 19th century England, where industrialization was born. As the 19th century England is analysed, the causality between the Industrial Revolution and its results and the urgent requirement of central and effective social regulations becomes visible. The radical change in production which resulted from the Industrial Revolution had a direct and bitter effect even on the life of each single human being. It was not possible for the conditions emerged during this era, in which most of the people were drawn to misery, to be improved if not intervened. Since the reason of this misery is the system itself, which is based on the concept of not being intervened. With roaring reactions and long standing struggle of the oppressed among the wheels of the system, it has been understood that central interventions and regulations are required regarding the issues such as working conditions, living conditions, health, housing, education and social security. And the legal regulations enacted in this period constituted the very first appearances of the social rights in a sense we know today. Keywords: Human Rights, Social Rights, Liberalism, Industrial Revolution, Industrial Capitalism.