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Dr Anna Śledzińska-Simon - Introduction to Human Rights, LLM 2019/20 Lecture 5 Rights and needs: on the nature of social rights

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Academic year: 2021

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Dr Anna Śledzińska-Simon - Introduction to Human Rights, LLM 2019/20 Lecture 5

Rights and needs: on the nature of social rights The aim of this lecture is to:

- Discuss the status of social rights and their enforcement mechanism in international treaty law and national constitutions

- Explain the concept of indivisibility of human rights

- Gain the understanding of case-law concerning social rights - Discuss the barriers to the realization of social rights.

Take 4 STEPS STEP 1

Read carefully Chapter III “Rights and Needs” in “Human Rights and Their Limits” (pp.105-143) by Wiktor Osiatyński.

STEP 2

View the websites of the Committee on Economic Social and Cultural Rights

https://www.ohchr.org/en/hrbodies/cescr/pages/cescrindex.aspx

and read its decision (view) in the case Mohamed Ben Djazia and Naouel Bellili v. Spain (2017) on the right to adequate housing

http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?

enc=4slQ6QSmlBEDzFEovLCuWwFxY1mqLbp5EEjeL2wr8QZ5yGdFWeZK8t%2bOYmr

%2fpqooooDrULo4nTNRoacaMIyCwIJ5b42pr

%2bp4ydCoq7PvHomYAEaADHqDcestK5LnhTSghWOqk6gpjeGMC7GZI0c2Hw%3d%3d

View the website of the European Committee of Social Rights

https://www.coe.int/en/web/european-social-charter/european-committee-of-social-rights

and read its decision in case of International Federation of Associations of the Elderly (FIAPA) v. France (2019) on the right of elderly persons to social protection

https://hudoc.esc.coe.int/eng#{%22ESCDateDec%22:[%222015-04-05T00:00:00.0Z%22,%222020-04- 05T00:00:00.0Z%22],%22ESCDcLanguage%22:[%22ENG%22],%22ESCDcType%22:[%22FOND%22],

%22ESCDcIdentifier%22:[%22cc-145-2017-dmerits-en%22]}

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STEP 3

Watch the short videos on economic and social rights:

https://www.nottingham.ac.uk/hrlc/operationalunits/economic-and-social-rights-unit/videos.aspx

STEP 4

Prepare for a discussion on political and economic barriers to the full realization of social rights.

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