Original title: Avrupa İnsan Hakları Mahkemesi ve Avrupa Adalet Divanı Kararları Işığında Sosyo-Ekonomik Hakların Korunması
In the process of the emergence of social and economic rights, initiatives launched in the international arena have played an important role in the formation of conventions, laws, judicial decisions and other legal documents covering a wide range of issues. In this context, the International Covenant on Economic, Social and Cultural Rights was established as a comprehensive text on social and economic rights, which has its origins in the Universal Declaration of Human Rights, and covers the areas such as food, work, housing, education, health, etc. that people need in order to live a dignified life. Social and economic rights, which have developed in the shadow of human rights and have an increasingly stronger structure in international and domestic legal systems, are now referred to as a separate social rights law. However, there are many question marks regarding the protection of these rights and even an ongoing debate on whether these rights are “actionable”.
Another point that has been widely discussed internationally in the context of this convention is the absence of an “individual complaint” remedy, which has an important place in the protection of rights. At the regional level, there are no mechanisms directly established to protect these rights. However, in terms of Europe, the jurisprudence of the European Court of Human Rights (ECtHR) that social and economic rights cannot be considered outside the scope of the convention and the decisions of the European Court of Justice (ECJ) in cases brought before it indicate that there is some protection, albeit weak.
- Published in
- Sosyal Adalet için İnsan Hakları: Sosyal Haklar Bildiriler Kitabı, ed. Kıvılcım Akkoyunlu Ertan, Filiz Kartal, Yeliz Şanlı Atay, TODAİE, 2014, ss. 121–131
- Language
- Turkish