Development of international legal standards in the field of economic and social human rights: Historical and legal analysis in the context of scientific discussion in the journal “Human Rights Quarterly”

The relevance of the study is conditioned by the lack of scientific consensus on the legal content and possible ways to implement social and economic human rights and the intensification of discussions around them in scientific and public discourse. The purpose of the study is a historical and legal...

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Main Authors: O. Shkuratenko, D. Kuras, O. Bodnar-Petrovska
Format: Article
Language:English
Published: National Academy of Internal Affairs 2023-12-01
Series:Науковий вісник Національної академії внутрішніх справ
Subjects:
Online Access:https://lawscience.com.ua/journals/tom-28-4-2023/formuvannya-mizhnarodno-pravovikh-standartiv-u-sferi-ekonomichnikh-i-sotsialnikh-prav-lyudini-istoriko-pravovy-analiz-u-konteksti-naukovoyi-diskusiyi-na-storinkakh-zhurnalu-human-rights-quarterly
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author O. Shkuratenko
D. Kuras
O. Bodnar-Petrovska
author_facet O. Shkuratenko
D. Kuras
O. Bodnar-Petrovska
author_sort O. Shkuratenko
collection DOAJ
description The relevance of the study is conditioned by the lack of scientific consensus on the legal content and possible ways to implement social and economic human rights and the intensification of discussions around them in scientific and public discourse. The purpose of the study is a historical and legal analysis of the process of development of international legal standards in the field of economic and social human rights, options for their rationing in the text of international treaties that were developed based on the results of discussions in the late 1940s-early 1950s. The study involved archival materials of meetings of the Third Committee of the UN General Assembly and the Commission on Human Rights, which was based on the use of a set of methods of qualitative and quantitative analysis, synthesis, and a comparative legal method. The conducted research gave grounds to come to several reasoned conclusions. On the one hand, the analysis of individual papers and fairly broad scientific discussions helped to identify several main conceptual approaches to understanding the processes of developing and consolidating the most important legal norms that are aimed at regulating the sphere of economic and social human rights at the international level. On the other hand, based on a study of the protocols of meetings of both the Third Committee of the UN General Assembly and the Commission on Human Rights, it was established that the process of developing and adopting framework international covenants, which aimed to consolidate fundamental, legally binding norms of law, went through different stages and covered different conceptual approaches of participants in this process. Given the analysis of modern studies on the subject matter, the prerequisites and components of the process of development of international legal standards in the field of economic and social human rights which regulate it to this day were identified. The findings are of value primarily for other scientific developments devoted to the field of human rights, but they can also be applied in the process of law-making in accordance with the field of law
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spelling doaj.art-3701374dffad4c26afa23967f79260f12024-02-22T13:38:19ZengNational Academy of Internal AffairsНауковий вісник Національної академії внутрішніх справ2410-35942786-73822023-12-012841929https://doi.org/10.56215/naia-herald/4.2023.19591Development of international legal standards in the field of economic and social human rights: Historical and legal analysis in the context of scientific discussion in the journal “Human Rights Quarterly”O. ShkuratenkoD. KurasO. Bodnar-PetrovskaThe relevance of the study is conditioned by the lack of scientific consensus on the legal content and possible ways to implement social and economic human rights and the intensification of discussions around them in scientific and public discourse. The purpose of the study is a historical and legal analysis of the process of development of international legal standards in the field of economic and social human rights, options for their rationing in the text of international treaties that were developed based on the results of discussions in the late 1940s-early 1950s. The study involved archival materials of meetings of the Third Committee of the UN General Assembly and the Commission on Human Rights, which was based on the use of a set of methods of qualitative and quantitative analysis, synthesis, and a comparative legal method. The conducted research gave grounds to come to several reasoned conclusions. On the one hand, the analysis of individual papers and fairly broad scientific discussions helped to identify several main conceptual approaches to understanding the processes of developing and consolidating the most important legal norms that are aimed at regulating the sphere of economic and social human rights at the international level. On the other hand, based on a study of the protocols of meetings of both the Third Committee of the UN General Assembly and the Commission on Human Rights, it was established that the process of developing and adopting framework international covenants, which aimed to consolidate fundamental, legally binding norms of law, went through different stages and covered different conceptual approaches of participants in this process. Given the analysis of modern studies on the subject matter, the prerequisites and components of the process of development of international legal standards in the field of economic and social human rights which regulate it to this day were identified. The findings are of value primarily for other scientific developments devoted to the field of human rights, but they can also be applied in the process of law-making in accordance with the field of lawhttps://lawscience.com.ua/journals/tom-28-4-2023/formuvannya-mizhnarodno-pravovikh-standartiv-u-sferi-ekonomichnikh-i-sotsialnikh-prav-lyudini-istoriko-pravovy-analiz-u-konteksti-naukovoyi-diskusiyi-na-storinkakh-zhurnalu-human-rights-quarterlyuniversal declaration of human rights
spellingShingle O. Shkuratenko
D. Kuras
O. Bodnar-Petrovska
Development of international legal standards in the field of economic and social human rights: Historical and legal analysis in the context of scientific discussion in the journal “Human Rights Quarterly”
Науковий вісник Національної академії внутрішніх справ
universal declaration of human rights
title Development of international legal standards in the field of economic and social human rights: Historical and legal analysis in the context of scientific discussion in the journal “Human Rights Quarterly”
title_full Development of international legal standards in the field of economic and social human rights: Historical and legal analysis in the context of scientific discussion in the journal “Human Rights Quarterly”
title_fullStr Development of international legal standards in the field of economic and social human rights: Historical and legal analysis in the context of scientific discussion in the journal “Human Rights Quarterly”
title_full_unstemmed Development of international legal standards in the field of economic and social human rights: Historical and legal analysis in the context of scientific discussion in the journal “Human Rights Quarterly”
title_short Development of international legal standards in the field of economic and social human rights: Historical and legal analysis in the context of scientific discussion in the journal “Human Rights Quarterly”
title_sort development of international legal standards in the field of economic and social human rights historical and legal analysis in the context of scientific discussion in the journal human rights quarterly
topic universal declaration of human rights
url https://lawscience.com.ua/journals/tom-28-4-2023/formuvannya-mizhnarodno-pravovikh-standartiv-u-sferi-ekonomichnikh-i-sotsialnikh-prav-lyudini-istoriko-pravovy-analiz-u-konteksti-naukovoyi-diskusiyi-na-storinkakh-zhurnalu-human-rights-quarterly
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AT obodnarpetrovska developmentofinternationallegalstandardsinthefieldofeconomicandsocialhumanrightshistoricalandlegalanalysisinthecontextofscientificdiscussioninthejournalhumanrightsquarterly