Protection of economic, social, and cultural rights in Europe in the 21st century

Abstract

Economic, social, and cultural rights which are fundamental, and essential for the dignity and well-being of individuals and communities, are recognized by international law and are protected at both the universal and regional levels. The Doctoral thesis consists of two parts. In Part I “Philosophical and ideological perspectives in economic, social and cultural rights conceptualization, protection and recognition at the universal level and its features at the Inter-American and African regional levels”, consists of Chapter 1, devoted to the protection of economic, social, and cultural rights at the universal level; and it includes also Chapter 2 “The contribution of the Inter-American and African regional level in featuring economic, social, and cultural rights”, legal regulation of both regions on the issue of state obligations for second-generation rights protection and case-law of the African Commission and Court on Human and People’s Rights, and the Inter-American Commission and Court on Human Rights. Part II is devoted to economic, social, and cultural rights in the Council of Europe and the European Union. Chapter 3, “The role of the Council of Europe in protection of economic, social, and cultural rights” starts with reasons of why the Council of Europe and its role is important in protection of rights of the second generation, lists the ways of strengthening these rights, and describes possibilities for additional protocols to the (Revised) European Social Charter. It also discusses creation, history, and origin of the European Social Charter 1961 and provides answers for the following questions: 1) What was a purpose of the adoption of the European Social Charter 1961? 2) Was the adoption of the two instruments, the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 and the European Social Charter 1961, a copy of the actions of Member States at the universal level? 3). What was the attitude of countries towards second-generation rights at the regional level after the Second World War? It also compares both documents, analyses states’ obligations under these both Charters and its difference from the obligations set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950. Chapter 4 ‘The role of the European Union in protection of economic, social, and cultural rights’ includes development of the EU legislation on economic, social, and cultural rights, comparative analysis of the Charter of Fundamental Rights of the European Union 2000, establishing balance between economic and social rights, and the selected case-law of the Court of Justice of the European Union on state obligations aimed at economic, social, and cultural rights protection. In Chapter 5 main attention is paid to COVID-19, climate change and illegal immigration. The thesis answers such questions as: ‘how do they affect the rights of the second generation?’, ‘what actions are being taken by states’ and ‘how this differs from the impact on the rights of the first generation?’,