团结是经济、社会和文化权利的基础

IF 1.6 2区社会学 Q2 INTERNATIONAL RELATIONS

Human Rights Law Review Pub Date : 2024-05-05 DOI:10.1093/hrlr/ngae011

Koldo Casla, Marion Sandner

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引用次数: 0

摘要

迄今为止，团结原则作为实现经社文权利的解释性指导的潜力在很大程度上被忽视了。团结在个人与社会之间起着中介作用，在负担和利益分享方面具有集体性。对经济、社会和文化权利的承认不仅为国家规定了积极的法律义务，也为个人规定了在其能力范围内为逐步实现经济、社会和文化权利做出贡献的公民责任。虽然国家最终要对在经社文权利方面取得的进展负责，但认真对待这些权利也会对个人的权利和责任产生影响。我们在本文中认为，社会团结的原则是整个经社文权利的基础，也是在经社文权利方面取得可持续进展的关键。这是因为，要逐步实现这些权利，不仅需要国家履行法律义务，还需要个人和集体为共同利益做出贡献。

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Solidarity as Foundation for Economic, Social and Cultural Rights

The potential of the principle of solidarity as an interpretative guide for the realisation of ESCR has, to date, been largely overlooked. Solidarity mediates between the individual and the community, and it has a collective dimension in relation to both burden- and benefitsharing. The recognition of ESCR creates not only positive legal obligations on the state but also civic responsibilities on individuals to contribute, within their means, to the progressive realisation of ESCR. While the state is ultimately accountable for making progress on ESCR, taking these rights seriously will have implications for individual rights and responsibilities. We argue in this article that the principle of solidarity within society underpins ESCR as a whole and is essential for achieving sustainable progress on ESCR. This is because their progressive realisation requires not only that states' legal obligations are fulfilled but also that individual and collective contributions are made for the common good.

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来源期刊

Human Rights Law Review Multiple-

CiteScore

2.20

自引率

6.70%

发文量

期刊介绍： Launched in 2001, Human Rights Law Review seeks to promote awareness, knowledge, and discussion on matters of human rights law and policy. While academic in focus, the Review is also of interest to the wider human rights community, including those in governmental, inter-governmental and non-governmental spheres, concerned with law, policy, and fieldwork. The Review publishes critical articles that consider human rights in their various contexts, from global to national levels, book reviews, and a section dedicated to analysis of recent jurisprudence and practice of the UN and regional human rights systems.