The Intellectual, Religious and Legal Roots of Economic and Social Rights and their Applications in the State of Kuwait
Dr. Bilal Aql Al-Sandid
Associate Professor of Public Law
Kuwait International Law School
Abstract:
This study aims to shed light on the intellectual and religious roots of what is known as the “second generation” of human rights, which are economic and social rights that include guaranteeing the right to work, to social welfare; the right to individual property, the freedom to engage in trade, and other rights and freedoms contained in a set of relevant charters and legislations, at the forefront of which is the “International Covenant on Economic, Social and Cultural Rights” issued on 16/12/1966, as enshrined in the Kuwaiti constitution, and the competent judiciary has been keen to respect it.
The importance of the study is mirrored by the fact that the rights in question are linked to human dignity, the well-being of societies, and to the fact that this type of rights did not receive sufficient attention by the local legal studies, which necessitated an attempt to search for its roots, to define its importance and enhance the terms of its care through a narrative approach associated with the analytical dimension of all religious constants and relevant intellectual and charter premises addressed in two sections, the first of which was devoted to expanding the “value and international rooting of economic and social rights.” The second focused on “the reality of these rights in the legal system and the constitutional judiciary” in the State of Kuwait, to conclude that the lesson is not only in the text but in practice, which highlights the importance of strengthening the system of control and accountability for any violation of the rights related to this research work.
Keywords: the international covenant on social, economic, and cultural rights, human rights and freedoms, the Kuwaiti constitutional court, the Kuwaiti constitution, Islamic legislation.