Introduction

Transnationalisation of Social Rights

“…33 Everything is subjected to legal discourse: from administration, the principles of business and economics, worker co-determination and the education system, to issues of family and private life. Discourse theory took on these ideas and interpreted them as the colonising tendencies of functional systems.…”

“…While the principle of transnational social rights puts emphasis on a combined approach to liberal, political and social human rights, it is possible to identify fi ve distinct kinds of social rights within this approach: 51 1. liberal human rights with a social component (e.g., free choice of profession) and social human rights with a liberal component (e.g., the right to health); 2. political human rights with a social component (e.g., the right to co-determination) and social human rights with a political component (e.g., the right to strike); 3. equality rights which provide social entitlements to inclusion; 4. rights to social security, which can range from social support to health and environmental protection; and 5. social objectives, such as the goals of social progress and international peace set out in the preamble of the UN Charter.…”

“…50 Th omas H. Marshall, Citizenship and Social Class and Other Essays, (Cambridge: Cambridge University Press, 1950). 51 See, also, the typology used by Karl-Jürgen Bieback, in "Soziale Rechte", (2010) 43 Kritische Justiz, p. 230 et seq.…”

“…33 Public awareness is also raised by non-governmental organisations supervising the implementation of human rights. 34 Th ey are active in nearly every aspect of international human rights practice, 35 and frequently report on the human rights situation publicly and, in so doing, put pressure on states and various United Nations bodies, 36 and heavily infl uence their decisions.…”

“…39 As conclusively opined by scholars, it is, as a consequence of the above, inseparable from social justice and requires the adoption of respective laws at national and international level. 40 In addition, the ICESCR provision is not only 33 See the FAO web site for further information: www. fao.org/righttofood/right-to-food-home/ en.…”