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Justiciability of Economic, Social and Cultural Rights

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  • Jordan Daci

Abstract

Human Rights are natural rights that nature has given to all human beings and are inseparable, undividable and inalienable from human beings. They are vital, necessary and indispensable to a modern society, which without them would be unable to function and cannot be developed. From another perspective, �human rights are indivisible rights on individuals, based on their nature as human beings; they protect these potential attributes and holdings that are essential for a worthy life of human beings�. Human Rights in general and especially ESCR would be just illusory if they wouldn�t be justiciable. In relation to civil and political rights, it is generally taken for granted that judicial remedies for violations are essential. Regrettably, the contrary assumption is too often made in relation to ESCR. This discrepancy is not warranted either by the nature of the rights or by the relevant Covenant provisions, but is rather a result of states� attempts to justify their failure to perform their obligations under ICESCR.

Suggested Citation

  • Jordan Daci, 2014. "Justiciability of Economic, Social and Cultural Rights," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 9, pages 55-68, January.
    • Handle: RePEc:etc:journl:y:2014:i:9:p:55-68
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    References listed on IDEAS

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    1. Arta Musaraj, 2011. "Albania, the human factor and sustainable development: a lesson from the present," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 4, pages 35-41, July.
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    Cited by:

    1. Radosław Wolniak & Adam Wyszomirski & Marcin Olkiewicz & Anna Olkiewicz, 2021. "Environmental Corporate Social Responsibility Activities in Heating Industry—Case Study," Energies, MDPI, vol. 14(7), pages 1-19, March.
    2. Diana Biba, 2016. "The council of the employees in the Albanian Commercial Law," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 13, pages 138-144, January.
    3. Christos Tsilikis, 2020. "Milestones in forging the contemporary perception of CSR. An overview," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 22, pages 41-58, July.

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