Recognition Of Rights, Economic And Social In The International Order

Recognition of rights, economic and social in the International Order

The recognition of rights, economic and social in the international order, has been the product of a long succession of events, some were included much earlier and others had to go through a long process, the result of great struggles arranged by society. However, we can still appreciate that a great deficiency is seen for the fulfillment of some rights, such as economic, social and cultural rights or also known as second generation rights (DESC), whose fundamental basis would become the principle of"equality", to be able to give a guarantee of an equitable quality of life for all, have a dignified life and to grow as people.

We know that the rights present as such a division, a proposal that was granted by Karal Vasek, Legal Advisor of UNESCO and Human Rights Expert (1977), who wrote an article for UNESCO COURIER, where he presented the Human Rights Division, presentingthus first generation rights (civil and political rights), second generation rights (economic, social and cultural rights), and third generation rights (rights of peoples). However, this division of rights directly against one of the characteristics of rights, indivisibility.

Although this division is taken into account to carry out an exhaustive analysis of this issue, it should be noted, that there are also authors who show a discontent about it, since, emphasis would be placed to hierarchize or categorize. As Rabossi (1989) in the thesis of rights generations:

It is based on an uncomfortable metaphor, which proposes inadequate reading of history, which does not successfully connect the internal plane with the international, which proposes a categorical differentiation of human rights that in addition to being false strengthens the position of those who deny theViability of economic, social and cultural rights. 

But, these DESC are equally important as the DCP, here there is a direct intervention of the State, to try to calm the needs of citizenship and thus, try to reduce inequalities in our society;Likewise, for these rights to be recognized explicitly, they had to pass a series of events that were key points in universal history.

To be able to talk about the historical background of the DESC, we have to say that in the history of the first text where such rights were recognized it was in the Russian declaration of the rights of the working and exploited people.

This declaration was written in full swing of Marxism of that time with values of the Russian revolution, opposed to what was then understood by human rights both in the declaration of the rights of man and citizen, in the French Revolution (in theDeclaration of the Rights of Virginia), as in the American Declaration (independence of the USA.UU-1776);since, these precedents represented individual conceptions;as well as civil and political rights (DCP), leaving aside the desc.

When talking about the Declaration of the Russian Revolution we see the economic and social claim of the working class, we also observe this in the industrial revolution of the nineteenth century that occurred in Europe. Thus, as it is possible to see the birth of the DESC, rights such as the right to work, to rest, to a decent salary, to education, to universal suffrage, for example, if we talk about this last right, we have to place ourselves inthe context of that time;since, in these times women did not have the right to vote, or to freedom of association. This constituted the basis of the rights of the working class, which served to claim them. We know that in the industrial revolution these basic rights were not recognized.

The Russian declaration presents later echoes, with rapid immediacy in the process of constitutionalization of human rights, which begins in 1917 with the Mexican Constitution of the same year and followed by the Weimar Constitution (Germany-1919).

The constitutions mentioned above have been remembered throughout history, since, they would be as a constitutional synthesis of all human rights, both civil and political, as well as those of economics, social and cultural. By progressively incorporating both human rights and the Catalog of the rights that would be recognized at the constitutional level in these countries.

However, the aforementioned, they were a kind of inspiration, since, these DESC arise as a result of World War II, and ask for a greater demand by the States, directly depending with the capacity of resources that areHave, those that would become the material basis of the first generation, these processes would result in explicitly in the 1948 human rights;However, although some of them appeared in this statement, they were subsequently developed in the International Pact of Economic, Social and Cultural Rights of 1966, which entered into force in 1976. These are a fundamental part of human rights, which encompass and embrace rights related to issues of work, education, food, housing, health, culture, among others;which are conditioned according to the reality of each country.

Human rights have a variety of characteristics within which they are, interdependence and indivisibility, so it is vitally important to provide the same attention that is given to civil and political rights. Likewise, everyone should be given equitable treatment, however, these DCPs have received greater importance from the international community, giving them a preferential treatment.

As stated by the United Nations General Assembly (1977):

• All fundamental human rights and freedoms are individual and interdependent: the same attention and urgent consideration of the application, promotion and protection of both economic, social and cultural rights should be given.
• The full realization of civil and political rights without the enjoyment of economic, social and cultural rights is impossible: the achievement of lasting progress in the application of human rights depends on good and effective national and international policies for economic development economicand social, as recognized in the proclamation of Tehran in 1968.

López (2001) pointed out the following:

The real validity of human rights as individual, economic, social and cultural rights, can only be thought of a democratic state in which two ideals converge: a) respect for civil and political freedoms of individuals and, b) defenseof an idea of citizenship based on the claim to reduce and mitigate economic and social inequalities (…). Economic, social and cultural and economic rights make the State a positive instance responsible for satisfying the demands of human well -being and dignity, that is, this type of rights are structured in the form of positive expectations and impose duties of doing, obligations to thepolitical power.

One of the main difficulties that has occurred in relation to economic, social and cultural rights is the lack of clearly enshrined judicial action for their protection, since, only first -generation enjoy greater recognition or support, comparedof the DESC, what should be sought is to carry out an action plan both by the State, which has a direct obligation, as well as the cooperation of a series of institutions to be able to reverse the current situation in which weWe see immersed, achieving greater implementation for its development.