Koncepcje regulacji społecznych praw człowieka w najnowszych konstytucjach państw europejskich

Abstrakt

The aim of this article is to present some characteristic ways of understanding social human rights in chosen constitutions of European countries. An overview of constitutions drafted in the past decade reveals a tendency towards a “realistic” interpretation of social rights in these documents, i.e. as public tasks whose undertaking is a constitutional duty of the authorities. These regulations may not directly substantiate a claim addressed to the State. An analysis of catalogues of social rights in constitutions of post-socialist states points to two lines of development. On the one hand, new laws concerning mainly forming unions were added (including a right to strike), but on the other hand, the purpose of including social rights in a catalogue of constitutional rights was negated.