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Civil and political rights deserve a hierarchical preference over welfare rights since the latter are really 'claims' or 'expe

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Civil and political rights deserve a hierarchical preference over welfare rights since the latter are really 'claims' or 'expectations'. Discuss with specific reference to Human Rights Act 1998. Civil rights can be defined as the set of rights held by an individual by virtue of his citizenship of the state including the rights to legal and social and economic equality. These rights cannot be denied to any person on the basis of race, gender, disability or color. The covenant on civil and political rights echoed exactly what is mentioned above. These rights guarantee the citizen political and social freedom and equality. The covenant included the right to freedom of thought and expression regardless of frontiers, through any media one may wish to express his information to the others. They also include the right to peaceful assembly and the freedom of association with others and the right to form or join any trade unions for the protection of one's own interests (European Convention of Human Rights, Article 11). ...read more.


form trade unions and bargain collectively, social security, an adequate standard of living (covering adequate food, clothing, and housing), health care, and education. This category also includes duties of the state such as: to secure full employment for all people of working age, to provide adequate standards of living and education to all citizens, to rapidly develop the country, to distribute the social product equitably, to eliminate economic and social privilege and disparity, to ensure social security and welfare, to develop the culture and languages of ethnic groups, to protect the environment, to safeguard the independence, sovereignty, unity and territorial integrity of the country and to promote international peace and co-operation. In today's era, with globalization becoming the norm, the December 1948 Universal Declaration of Human Rights adopted by the United Nations has taken on an even greater prominence. ...read more.


This can be accounted for because of the following facts. Firstly, welfare rights are not seen as truly serving the fundamental interests. Secondly, welfare rights are very burdensome on governments and taxpayers; that is, they require a lot of finance and resources to be maintained. And finally, welfare rights are not feasible in the less-developed countries or in the developing countries. For instance, take the example of India. How can job security and employment be provided to a nation of more than a billion people!!! And in nations, where resources and finances are scarce, it is next to impossible to guarantee fair pay to the employed section of the population. This does not mean to say that the welfare rights pose unreasonable demands. In an ideal situation, each of those rights would be highly credited. It is just that in the context of real life, where only a fraction of the world's nations are fully developed, can such rights of citizens be fulfilled. ...read more.

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