Part II, passim; Article III-103 Draft Convention
Published online by Cambridge University Press: 12 October 2004
There is considerable flexibility in the use of the term ‘social rights’. The list of such rights varies in international documents, and it is difficult to find a common denominator or ground for classification for what are called social rights. A further standard problem is that not all social rights have the legal nature of more traditional civil and political rights. Social rights entail claims that are neither necessarily individual nor necessarily enforceable in court, at least not in the sense that they will result in remedies available to identifiable rights holders. Hereinafter, social rights refer to rights that are related to social status, including status rights that are applicable to the economic sphere (rights related to work are often discussed as economic rights, i.e., rights in the economy). Such status rights might apply to all in a given circumstance (e.g., a social subsistence minimum that applies to all who are in need) or they might be specific. In the latter case, the social status is related to a condition that one cannot change voluntarily, at least not in the short run (e.g., motherhood, or being a child, an orphan, or handicapped).