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I Dont Have One

Submitted by coolusername on October 21, 2008

I will upload one later
“Although the interdependence of social and economic rights and civil and political rights has been repeatedly asserted, there remains a widespread view that these two groups of rights are conceptually different.”

Several of the “rigid” arguments based on the conceptual differences between socioeconomic and civil and political rights tend to sup port an unambiguous distinction between the two. Essentially the fundamental concerns of these arguments hold relevance to proper “interpretation and enforcement” of both groups of rights.
Conceptually, socioeconomic and civil and political rights are different, such as the dual-contrasting natures of the obligation placed on the State. However categorizing rights inevitably creates conflict and competition between rights, generating a ‘hierarchy of rights.’ When a right is placed on a pedestal, equality is extinguished. In order to interpret and abide by the Bill of Rights accurately, one must dismiss the hierarchy of rights. If the “widespread view” considers and understands the differences and interdependence between the rights, they still hold the ability of interpreting the Bill of Rights correctly and efficiently.
One also must consider demographic categories and other contextually determined cases. For example, if you were unable to provide life necessities for your family, your socioeconomic rights would overrule your civil/political rights. It would be mentally demanding to place your civil/political rights ahead of your rights of access to food, water, and adequate housing.
Although an abstract view can help one to understand a concept more fully, “moving beyond the abstract,” as Judge O’Regan once said, is a challenge worth considering.

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