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Essay / Research Paper Abstract
An 8 page research paper which defines socio-economic and civil and political rights and then discusses how justifiability is defined and the principles that this concept entails. The writer then examines literature in order to compare and contrast the justiciablity of socio-economic and civil and political rights. Bibliography lists 5 sources.
Page Count:
8 pages (~225 words per page)
File: D0_khjusscp.rtf
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Unformatted sample text from the term paper:
rights, specifically, "economic, social and cultural rights" is generally questioned and often denied (Koch, 2003, p. 3). In other words, the majority of human history has been marked by the
struggles that people have undergone in order to secure political and civil rights. This has resulted in a societal progression that culminated in the formation of democracies and its associated
ideas, such as sovereignty residing within the people by natural law. In recent history, society has begun to consider the issues entailed in other rights, such as a persons right
to have basic needs fulfilled, as well as access to such societal services as educational opportunities and healthcare. However, this progressive development entails considerations of the legal role of government.
Considering this fact, the following examination of literature seeks to compare and contrast the justiciablity of socio-economic and civil and political rights. Definitions Rights: Poudyal (2007) points out
that a "right" is generally understood as being synonymous with an "entitlement, something you possess freely and clearly, something you can exercise without asking anyone elses permission." Civil rights are
"primarily protective," as they offer protection of fundamental "freedoms and immunities," protecting these entitlements from "intrusion or arbitrary action by the state" (Poudyal, 2007). Traditional rights are not perceived
as being conferred by the state upon the citizenry, but rather the people are perceived as holding these rights independently of the state, as their natural right. An associated idea
is that the state is "enjoined to respect" these rights and ensure their continued free exercise (Poudyal, 2007). While a focus on civil and political rights has been preeminent throughout
most of human history, in general, social, economic and cultural rights, that is, socioeconomic rights, have had greater significance within the context of daily life (Poudyal, 2007). The nature
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