FUR2601 Assignment 2 (ANSWERS) Semester 2 2023 - GUARANTEED DISTINCTION DUE DATE : 4th SEPTEMBER 2023 Question 1 What is the basis for the distinction between socio-economic rights on the one hand and civil and political rights on the other? (3) Basis for the distinction between socio-economic righ...
FUR2601 Assignment 2
(ANSWERS) Semester 2 2023 -
GUARANTEED DISTINCTION
DUE DATE : 4th SEPTEMBER
2023
, Question 1 What is the basis for the distinction between socio-economic rights
on the one hand and civil and political rights on the other? (3)
The basis for the distinction between socio-economic rights and civil and political rights
lies in the nature of the rights themselves and their respective obligations and
characteristics:
1. Nature of Rights:
Civil and Political Rights: These rights focus on protecting individual liberties
and freedoms, such as the right to free speech, freedom of assembly, the right to
vote, and the right to a fair trial. They are primarily negative rights, meaning they
require the government to refrain from interfering with these freedoms.
Socio-economic Rights: These rights relate to the economic and social well-
being of individuals and include rights to education, healthcare, housing, and
social security. They are often positive rights, which means they require the
government to take affirmative actions to ensure access to these services.
2. Obligations:
Civil and Political Rights: The obligations associated with these rights are often
seen as "negative obligations" for the government, meaning the government is
obligated not to interfere with these rights unless it is necessary to protect other
individuals' rights or the public interest.
Socio-economic Rights: These rights come with "positive obligations" for the
government. It means that the government is not only required to refrain from
interfering with these rights but also to actively take steps to ensure that
individuals have access to essential services like healthcare, education, and
housing.
3. Enforceability and Justiciability:
Civil and Political Rights: These rights are generally considered to be more
immediately enforceable and justiciable because they involve clear, often
objective standards. Courts can readily adjudicate cases involving these rights.
Socio-economic Rights: These rights can be more complex to enforce due to
their positive obligations and resource allocation issues. Courts may have limited
powers to enforce them directly, and they often require broader policy measures
and resource allocation decisions by the government.
4. Progressive Realization:
Socio-economic Rights: These rights are often subject to the principle of
"progressive realization," which acknowledges that governments may need time
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