FUR2601
Assignment 2
(ANSWERS)
Semester 2 2023
ADMIN
[COMPANY NAME]
, 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
Assignment 2
(ANSWERS)
Semester 2 2023
ADMIN
[COMPANY NAME]
, 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
