An Incomplete Rhetoric: Social Rights in Times of Crisis

Hürol Çankaya

Fiscaoeconomia, 2021, issue 3

Abstract: Economic crises that make the scars of inequality deepen the violations of human rights. The fact that economy policies are not based on human rights makes it harder to implement social rights in particular. Social rights that are ineffective are only seen as a guideline in constitutions and international conventions. When adequacy of financial resources of governments criterion comes into play, the role of judiciary in the protection of social rights remains limited. In times of crisis, the view of human rights and social justice in a country becomes clearer. The economic crisis is seen by states as an opportunity to get rid of some of their responsibilities, and the content of rights, which are normally narrowly interpreted, is further narrowed. Additionally, if social rights are excluded due to economic reasons, the ground for human rights violations become even wider.The opinion that social rights are mainly affected by economic crises reflects a widespread view. Civil and political rights are not reflected in the statement of crises. Obviously, it is not easy to detect the legal damage of civil and political rights in times of crisis. However, it is wrong to ignore the impacts of crises on civil and political rights. Within the framework of the integrity of human rights, it is necessary to look at the human rights view from a wide perspective in times of crisis. Although the human rights dimension of crises is known, social rights cannot find a place for them in any national or international diagnosis or treatment. Social rights, which are invisible, contain most of the measures taken in times of crisis and against human rights. The crisis, especially when combined with the state of exception, takes on a more aggressive role in the field of rights that have been thrown into the background. It is once again revealed that all economic crises are actually a crisis of rights.

Keywords: Economic crisis; Social rights; State of exception (search for similar items in EconPapers)
JEL-codes: D63 E32 K10 (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:fis:journl:210317

DOI: 10.25295/fsecon.983508

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