Prawa socjalne - ich miejsce w systemie prawa oraz znaczenie w społeczeństwie
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Date
2014
Authors
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Journal Title
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Publisher
Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM
Title alternative
Social rights – a position in legal system and significance for society
Abstract
The paper is an approach to present the category of social
rights in the background of entire legal system of the human rights
protection. It is particularly dealing with the issue of nature of the
2nd generation of human rights and its significance for society.
It starts with a brief presentation of the philosophical (human
dignity) and normative roots as well as a short historical view
of the human rights’ codification; the established legal terminology
(human rights, fundamental rights, individual rights and liberties)
and various levels of the legal protection (international – of global
or regional nature, supranational and national one).
Thereafter it focuses directly on the issue of social rights. Unlike
the 1st generation of human rights, they are rather connected with
public activity, policy and services (facere) than with autonomy
and liberty (non facere). This, in turn, demands appropriate institutional
structures and procedures. Social rights are hardly provided
– in a binding and effective way – by global or regional
international law. Thus, the burden of their protection, guaranty
and execution is satisfied by the particular state and depends
on its economic and social circumstances. On the other hand –
they significance is based on fact that they serve the protection
of social security which is the fundamental issue for both – dignity
and sense of community.
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Keywords
philosophical and normative roots of human rights, generation of human rights, legal protection, open catalogue of social rights, public policies, social security, human dignity, sense of community
Citation
Filozofia Publiczna i Edukacja Demokratyczna, 2014 Tom 3, Nr 1, s. 77-102.
Seria
ISBN
978-83-7092-159-0
ISSN
2299-1875