'Both freedom and bread are necessary for the all-round human being. Instead of undermining each other, they are interrelated and interdependent.'

(A Sachs, 'The Judicial Enforcement of Socio-economic Rights')

Civil/political rights and economic/social rights have been treated differently in international law despite this argument and United Nations statements to the contrary.

(a) Explain how and why, historically, rights have been treated differently.

and

(b) Evaluate the question of whether there should be a hierarchy of rights protection.

The question is asking for a discussion of the ‘generations’ of rights. The essay should have an introduction setting out the issues and setting out how the essay will answer the question.

The essay should answer both parts of the question.

Part a) The essay should discuss the historical development of rights from the civil/political first generation rights to the shift of focus in the nineteenth century to social and economic rights (shift from individual to the group). Civil/political rights are associated with liberal, democratic states whereas social/economic rights are associated with social democratic or socialist states. The essay should then discuss the UN and the ICCPR/ICESCR divide as a result of the Cold War. This also happened in Europe with the ECHR and ESC.

Part b) The essay should address this split between the generations or rights and give reasons for and against the rights being treated in this way. Unlike civil/political rights, social and economic rights are arguably difficult to legally enforce for several reasons including justiciability and cost. In contrast, it can be argued that rights should be interdependent (Vienna Declaration) and the Courts in some states have attempted to enforce economic and social rights (South Africa and India). It could also be noted that the ECtHR’s use of positive obligations blurs the distinction between negative (civil and political) rights and positive protection by the state of social and economic concerns.

The essay should use the arguments of academics, case law and UN reports.

In conclusion, the essay should bring these arguments together and put forward a conclusion on whether there should be a hierarchy of rights.