In what sense is it arguable that economic and social rights are justiciable?

In what sense is it arguable that economic and social rights are justiciable?


There are five questions. Each question should be attempted with separate written

responses. Students should comply with the following requirements:

 The responses should be fully referenced in accordance with the Australian Guide

to Legal Citation (2 nd ed.), although a bibliography of sources is not required.

 The maximum word length is 850 words for each question.

Question 1

Most rights may be restricted or subject to derogation. Discuss how the

concept of proportionality has been interpreted and applied:

(i) in the context of human rights that are restricted or limited rather than

absolute; and

(ii) in relation to measures adopted in derogation of certain rights.

Question 2

Discuss how the European Court of Human Rights has formulated the limits

of the state’s obligation to protect human rights in private relationships.

Question 3

In what sense is it arguable that economic and social rights are justiciable?

Discuss with reference to any relevant instrument, case law and


Question 4:

What is the legal position regarding the responsibility of a State for human

rights violations occurring outside of its territory? Discuss with reference to

any relevant law, including international, regional and municipal/domestic

case law.

Question 5:

Discuss how the concept of indirect discrimination and its burden of proof

have been interpreted in the case law.

Today, civil liberties and political rights are understood as being inextricably

related to economic, social and cultural rights within international, regional and some

national human rights instruments. Therefore, the obligation to fulfil requires states to

embrace necessary legislative, administrative and other measures geared towards a

progressive realization of all rights including social, economic and cultural rights. 18 This

implies that realization of human rights must be the object of policies targeted at

improving them. These policies must be put in place clearly so as to ensure progress

towards satisfaction of all human rights. Human rights are thus an area requiring

appropriate policy-making.


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