Solidarity as Foundation for Economic, Social and Cultural Rights

Bibliographic Data

ID16764437
AuthorsKoldo Casla (0000-0003-1817-0369, University of Essex), Marion Sandner (0000-0002-8662-840X, University of Essex)
Year2024
Volume24
Issue2
Publication date2024-03-13
Open AccessYes
TypeARTICLE
VenueHuman Rights Law Review (JOURNAL)
Journal identifiersISSN: 1461-7781 • E-ISSN: 1744-1021
PublisherOxford University Press (PUBLISHER • GB)
DOI10.1093/hrlr/ngae011
OpenAlexW4396652719
LanguageEN
Citations received5
References cited6

The potential of the principle of solidarity as an interpretative guide for the realisation of ESCR has, to date, been largely overlooked. Solidarity mediates between the individual and the community, and it has a collective dimension in relation to both burden- and benefit-sharing. The recognition of ESCR creates not only positive legal obligations on the state but also civic responsibilities on individuals to contribute, within their means, to the progressive realisation of ESCR. While the state is ultimately accountable for making progress on ESCR, taking these rights seriously will have implications for individual rights and responsibilities. We argue in this article that the principle of solidarity within society underpins ESCR as a whole and is essential for achieving sustainable progress on ESCR. This is because their progressive realisation requires not only that states' legal obligations are fulfilled but also that individual and collective contributions are made for the common good

Foundation (evidence) · Law and economics · Political science · Politics · Social science · Social solidarity · Sociology · Solidarity · Law · Social Policy and Reform Studies

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