Justiciability of social rights
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Abstract (EN)
Justiciability of social rights is still a matter of discussion for legal scholars. Although some scholars argued that social and economic rights cannot be legally enforced, a large amount of case law allows us to assess that socio-economic rights are subject to enforcement in the same manner as civil and political rights. Artificial separations of the two sets of rights do not occur in real cases. This dissertation shows that claims that social and economic rights are vague, inherently of a positive nature, resource dependent and that courts are not institutionally competent to enforce them have been widely discredited. Whether social rights are enforceable is not the key issue, but rather how they can be consistently adjudicated with measure of integrity, respecting the institutional nature of adjudicatory bodies and the call for justice inherent in human rights.
Author
Müzeyyen Gözde Atasayan
How to Cite
Müzeyyen Gözde Atasayan (Doctorate thesis). Justiciability of social rights, 2019, Galatasaray University.
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