INSTRUCTIONS:
“Both freedom and bread are necessary for the all-round human being. Instead of undermining each other, they are interrelated and interdependent.” (A Sachs, 'The Judicial Enforcement of Socio-economic Rights') Civil and political rights, on one hand, and economic, social, and cultural rights on the other, have been treated differently in international human rights law despite this argument (above) and United Nations statements to the contrary. (a) Explain how and why, historically, rights have been treated differently; and (b) Evaluate the question of whether there should be a hierarchy of rights protection. What the essay should address: 1. It should answer both parts of the question. 2. It should have an introduction setting out the issues and setting out how the essay will answer the question. Part a) The essay should discuss the historical development of rights from the civil/political first-generation rights to the shift of focus in the 19th century to social and economic rights (shift from individual to the group). Civil and political rights are associated with liberal, democratic states whereas social, economic, and cultural rights are associated with socialist or communist states. The essay should then discuss the UN and the ICCPR/ICESCR divide as a result of the Cold War. Part b) The essay should address this split between the generations or rights and give reasons for and against the rights being treated in this way. Unlike civil/political rights, social and economic rights are arguably difficult to legally enforce for several reasons including justiciability and cost. In contrast, it can be argued that rights should be interdependent (Vienna Declaration: https://www.ohchr.org/en/professionalinterest/pages/vienna.aspx and some nations have constitutional provisions on the enforcement of economic and social rights (e.g. South Africa). It could also be noted that the use, by some regional human rights systems, such as the European Convention of Human Rights (https://www.echr.coe.int/Documents/Convention_Eng.pdf) of positive obligations blurs the distinction between negative (civil and political) rights and positive protection by the state of social and economic concerns. In conclusion, the essay should bring these arguments together and put forward a conclusion on whether there should be a hierarchy of rights.