International Legal Guarantees of Social Rights: Issues of Justiciability

Abstract

The purpose of the article is to analyze doctrinal ideas about the nature of human rights, which promoted the idea of the principled unity of rights reflected in international legal provisions, that are strengthening the normative and institutional guarantees of judicial protection of social rights, as well as identifying problematic aspects of the justiciability of such rights is within the focus of the paper. The methodological basis of the research is the general scientific dialectical method of learning social phenomena in their interconnection and development. The formation of guarantees of social rights enshrined in international legal acts, the development of human rights ideology, legally expressed in the principle of the principle of unity of all rights, and judicial protection problematic are studied. It has been proved that the consequence of the international consensus that all human rights are universal, indivisible, interdependent, interrelated, and complementary was the shift of emphasis from discussions about the nature of rights to the types of correlative obligations of the state, aiming at strengthening the guarantees of social rights. It is noted that conventional understanding of the fundamentals of all rights integrates the issue of social rights into the discussions of human dignity, individual autonomy and freedom, which are traditional for civil and political rights. It is concluded that recognition of the principled unity and equal importance of rights transfers the discussion about justiciability of social rights from the presence or absence of sufficient grounds for judicial protection to proper and effective means of dispute resolution. It is stated that effectiveness of the national judiciary as an element of the system of guarantees depends on the ability to provide protection against the devaluation of social rights and the emasculation of their essential content by public regulatory decisions. It is also emphasized that judicious balancing of private and public interests in accordance with correlative positive obligations supports confidence in the judiciary in particular and the state in general.