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Reading: Ending Exceptionalism: A Justiciable Right to Socio-Economic Security

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Ending Exceptionalism: A Justiciable Right to Socio-Economic Security

Author:

Johnny Tan

LSEGB
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Abstract

The Universal Declaration of Human Rights (“UDHR”) emphasises the equal importance of economic, social and cultural (“socio-economic”) rights and civil and political entitlements, envisioning ‘the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want’ (UN, 1948). Socio-economic rights relate to an individual’s economic, social and cultural entitlements, delineating the responsibilities of government to ensure that everyone can live a decent life in dignity. These rights – that are most closely linked to human survival, development and flourishing – are enshrined in the International Covenant on Economic, Social and Cultural Rights (“ICESCR”) (OHCHR, 1966), including the right to work, housing, and social security, etc. In 1962, the UK became the first country to ratify it.  However the UK has not incorporated the ICESCR into domestic law, rendering its provisions unenforceable in domestic courts. This article will argue for an end to British exceptionalism; perhaps in the form of a Socio-Economic Rights Bill, modelled after the Human Rights Act 1998 (“HRA”). 

How to Cite: Tan, J., 2020. Ending Exceptionalism: A Justiciable Right to Socio-Economic Security. Rule of Law Journal, 1(1), pp.35–45.
Published on 13 Dec 2020.
Peer Reviewed

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