Enforceability of Economic, Social and Cultural Rights: historical background, legal basis and misleading assumptions

Daniel Cerqueira

Senior Program Officer at DPLF. Twitter: @dlcerqueira

Versión en español

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Photo Jaume Escort

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.

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