Społeczne prawa człowieka

Abstrakt

The author rejects in the present paper all the formulations of the social rights of man which in their content are limited to the obligation of government organs to active support of man. In those formulations the role of the individual and small social groups in the realization of social rights is lost. The social rights of man are understood to mean those rights (made positive or not) which refer to social, economic and cultural matters and which entitle members of the community and smaller groups to active participation in creation of consumer goods, cultural values as well as to use them. The social rights also oblige state authorities to create all possible conditions for a full development of man and to protect these rights. The definition points out to the subjects, objects and aims of social rights. The objects specify these rights: social, economic and cultural matters. Their subject, obliged to promote realization of the rights, is not only the state but also individuals and small social groups.

Social rights are dynamic. Their dynamic character shows in the rights’ constant drive towards greater justice and where no fundamental socio-economic reforms take place the rights authorize and oblige individuals, small social groups and the government organs to act for the benefit of common good. The author suggests that, as social rights are subjective, they should be included in national constitutions, which would be an expression of getting rid of the lead of individualistic-liberal philosophy and would solve the contradictions between freedom and social rights. He claims that Pope John XXIII's opinion is favourable with regard to this problem as put in the Pacem in terris encyclical where the pope writes that the principal duty of the state is „codification in a succinct and clear form the basic rights of man which should constitute the basis of the whole political system”.