Human rights social: state duty of promotion and warranty of social rights and its judicial concretion

Authors

  • Osvaldo Ferreira de Carvalho PUCRS

Keywords:

Social human rights, Warranty, Enforceability, Judicial implementation.

Abstract

The international recognition of social rights is not only manifested in full in various universal and regional treaties on human rights, but also in many constitutions all become part of the so called international public order. This paper aims to demonstrate that social human rights when provided in international treaties or constitutions are provided with full and immediate effectiveness, benefiting from the scheme and the normative force of a fundamental human right in the Social and Democratic State of Law, with all human rights, social security under a strong constitution, imposed on the observance of all the powers that be and subtracted from the  free availability of political power. The realization of human rights is not just social moral obligation of states, but a legal duty, as has no foundation in international covenants of human rights protection and their own constitutions. Therefore, its practical implementation is real obligation and not mere promise or statement of intent.

Author Biography

Osvaldo Ferreira de Carvalho, PUCRS

Doutorando em Direito pela Universidade de Lisboa, Mestre em Direito, Professor nos cursos de Graduação e Pós-Graduação e Pesquisador da Fundação de Amparo à Pesquisa no Estado de Goiás (FAPEG).

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Published

2012-03-01

Issue

Vol. 38 No. 1 (2012)

Section

Articles

License

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