THE LONG ROAD TO THE INTERNATIONAL RECOGNITION OF ECONOMIC AND SOCIAL RIGHTS: THE RIGHT TO AN ADEQUATE STANDARD OF LIVING

Germana Aguiar Ribeiro do Nascimento
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Abstract

A long road was necessary for economic and social rights to be internationally recognized. In fact, it was only after the Second World War that the protection of human rights, including economic and social rights, became one of the aims of the United Nations. Despite that, this legal protection was by no means made without controversies, especially when it comes to economic and social rights. The fact that most of the articles of the Universal Declaration of Human Rights refer to civil and political rights corroborates these difficulties. Only articles 22 through 27 protected economic and social rights. The objective of this article is to shed some light into this process, as the Universal Declaration has been the foundation of the codification of the whole human rights system. Particular attention will be given to the discussions around the inclusion of article 25 that refers to the right to an adequate standard of living. It is interesting to analyze how this right was adopted during the process of elaboration of the Declaration, as it was then incorporated by so many texts and influenced the recognition of other rights. In fact, if today we are able to have autonomous rights to water, to health, to food, to housing and to education, it is thanks to the proclamation of the right to an adequate standard of living in the first place.
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通往国际承认经济和社会权利的漫长道路:适足生活水准的权利
要使经济和社会权利在国际上得到承认,还有很长的路要走。事实上,只是在第二次世界大战之后,保护人权,包括经济和社会权利,才成为联合国的目标之一。尽管如此,这种法律保护并非没有争议,特别是在涉及经济和社会权利时。《世界人权宣言》的大多数条款都提到公民权利和政治权利,这一事实证实了这些困难。只有第22至27条保护经济和社会权利。本文的目的是阐明这一进程,因为《世界人权宣言》一直是编纂整个人权制度的基础。将特别注意围绕列入关于享有适足生活水准权的第25条的讨论。分析在拟订《宣言》的过程中如何通过这项权利是很有趣的,因为它后来被纳入了许多案文,并影响了对其他权利的承认。事实上,如果今天我们能够自主享有水、保健、食物、住房和教育的权利,这首先要归功于适足生活水准权的宣布。
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