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Social rights are those rights arising from the social contract, in contrast to natural rights which arise

from the natural law, but before the establishment of legal rights by positive law. For example, James Madison advocated that a right such as trial by jury arose neither from nature nor from a constitution of government, but from reified implications of the social contract.[1] Each legal right that an individual possesses relates to a corresponding legal duty imposed on another. For example, when a person owns a home and property, he has the right to possess and enjoy it free from the interference of others, who are under a corresponding duty not to interfere with the owner's rights by trespassing on the property or breaking into the home. In Constitutional Law, rights are classified as natural, civil, and political. Natural rights are those that are believed to grow out of the nature of the individual human being and depend on her personality, such as the rights to life, liberty, privacy, and the pursuit of happiness. Civil Rights are those that belong to every citizen of the state, and are not connected with the organization or administration of government. They include the rights of property, marriage, protection by law, freedom to contract, trial by jury, and the like. These rights are capable of being enforced or redressed in a civil action in a court. Political rights entail the power to participate directly or indirectly in the establishment or administration of government, such as the right of citizenship, the right to vote, and the right to hold public office. Political Rights Human rights have traditionally been divided into different categories. Political rights, together with civil rights, constitute the category usually referred to as first-generation rights. The traditional classification is as follows: the first generation refers to civil and political rights; the second generation comprises economic, social and cultural rights; and, the third generation refers to collective rights. Political rights, along with civil rights, are primarily designed to protect the individual against state interference, and are immediately applicable. Political rights can be seen as covering the right to political participation, that is, citizens right to seek to influence and participate in the public affairs of the society to which they belong. Political

participation can take many forms, the most notable of which is included in the right to vote. However, it also covers the right to join a political party; the right to stand as a candidate in an election; the right to participate in a demonstration; and freedom of association. Though political and civil rights are distinct, the difference between the two is not always obvious or clear; indeed, they sometimes overlap. The freedom to express ones opinion, and the freedom of association, for example, are clearly linked to the right to political participation, and thus are political rights, but they are often also seen as civil rights. The right to political participation merits special attention, as it is restricted, to a large though not absolute extent [1], , to citizens. Whereas the other rights recognised by the UN Charter, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights inhere in human beings on the basis of their status as human beings, the right to political participation is, in part, limited to people endowed with the status of citizen. Such a status is linked to the context of a political community and, most significantly, a government. The right to political participation therefore presupposes the existence of a government [2]. Though distinct, civil rights and political rights are closely linked; their protection and fulfillment depends to a large extent on that of the other. All human rights are indivisible, interdependent and interrelated, such that the fulfillment and protection of civil and political rights depends on, and influences, other categories of human rights. In international human rights law, political rights are protected by the International Covenant on Civil and Political Rights (ICCPR). The ICCPR, drafted in 1966, entered into force in 1976, and is monitored by the Human Rights Committee. Over time, additional protocols and instruments have been created that also aim to contribute to the protection of political rights. All States Parties to the Covenant are required to submit regular reports to the Committee on how they are realising and protecting political and civil rights. Such information is provided through selfreporting and thus might be limited. The reports provided are examined by the Committee, which then disseminates its concerns and recommendations in the form of concluding observations. In the framework of the First Optional Protocol to the Covenant, the Committee was given jurisdiction to examine individual complaints; however, this is not yet the case of the Committee set up to monitor economic, social and cultural rights [3]. 1. For example, the freedom of opinion is not, as such, reserved to

citizens. 2. See Klein, H.,The Right to Political Participation and the Information Society, Georgia Institute of Technology, Atlanta, presented at the Global Democracy Conference in Montreal, 29 May 1 June 2005. 3. For further information, please refer to the web site of the OHCHR, Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression. Civil rights include the ensuring of peoples' physical integrity and safety; protection from discrimination on grounds such as physical or mental disability, gender, religion, race, national origin, age, sexual orientation, or gender identity;[1][2][3] and individual rights such as the freedoms of thought and conscience, speech and expression, religion, the press, and movement. Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, and the right to vote. Civil and political rights form the original and main part of international human rights.[4] They comprise the first portion of the 1948 Universal Declaration of Human Rights (with economic, social and cultural rights comprising the second portion). The theory of three generations of human rights considers this group of rights to be "first-generation rights", and the theory of negative and positive rights considers them to be generally negative rights. Economic, social and cultural rights are socio-economic human rights, such as the right to education, the right to housing, and the right to health. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment. The current Constitution of 1917 is the first such document in the world to set out social rights, serving as a model for the Weimar Constitution of 1919 and the Russian Constitution of 1918.[1][2][3][4] Some of the

most important provision are Articles 3, 27, and 123; these display profound changes in Mexican political philosophy that helped frame the political and social backdrop for Mexico in the twentieth century. Article 3 forbids the setting up of a list of prohibited books and establishes the bases for a free, mandatory, and lay education;[5][6] [7] article 27 led the foundation for land reforms;[6][7] and article 123 was designed to empower the labor sector.[6][7] On the surface, the constitutions resembled many constitutions adopted in the West. The differences between Soviet and Western constitutions, however, overshadow the similarities. Soviet constitutions declared certain political rights, such as freedom of speech, freedom of assembly, and freedom of religion. They also identified a series of economic and social rights, as well as a set of duties of all citizens. The legislature was to be elected at periodical elections. However, there was no mechanism for enforcing the rights provided by the constitutions - there was no constitutional court, the citizens could not sue the government, there were no guarantees for independent judiciary. The special leading role of the Communist Party of the Soviet Union was mentioned in the constitutions. In fact, it was the leadership of the Party which made all the political decisions in the country. The elections were a sham at which there was only one candidate for each constituency (proposed by the Party leadership) who was invariably elected. Only during Perestroyka in the late 1980s the Consitution provided the framework for the emergence of real democracy.