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Hans-Georg Ziebertz - International Empirical Studies on Religion and Socioeconomic Human Rights

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Hans-Georg Ziebertz International Empirical Studies on Religion and Socioeconomic Human Rights
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Volume 5 Religion and Human Rights Series Editors Hans-Georg Ziebertz - photo 1
Volume 5
Religion and Human Rights
Series Editors
Hans-Georg Ziebertz
University of Wrzburg, Wrzburg, Germany
Carl Sterkens
Radboud University, Nijmegen, The Netherlands

This series investigates how religion can both challenge and contribute to a vibrant human rights culture in different national contexts, as well as in cross-national contexts. It offers empirical and theoretical perspectives on the different generations of human rights, and generates new knowledge on the connection between religion and human rights.

All religions claim that their ethical aspirations and moral duties contribute to the well-being and welfare of individual human beings, groups, and communities. This applies particularly to the golden rule which plays an important role in the ethical groundwork of all religious traditions, and which is also foundational for human rights. However, to what extent is this universal principle actually observed within and between different religions, within and between nations, and within the secular world? To what extent (if at all) do religions contribute to the realisation of human rights or to the prevention of violations of human rights? This series addresses these questions by means of an empirical and comparative approach. Each volume focuses on specific human rights, and this volume addresses political rights such as active and passive right to vote, the right to protest and the political rights of refugees; and judicial rights such as equality before the law, the right to independent and imparital judgement, and the presumption of innocence.

More information about this series at http://www.springer.com/series/15597

Editor
Hans-Georg Ziebertz
International Empirical Studies on Religion and Socioeconomic Human Rights
Editor Hans-Georg Ziebertz Faculty of Theology University of Wrzburg - photo 2
Editor
Hans-Georg Ziebertz
Faculty of Theology, University of Wrzburg, Wrzburg, Germany
ISSN 2510-4306 e-ISSN 2510-4314
Religion and Human Rights
ISBN 978-3-030-30933-6 e-ISBN 978-3-030-30934-3
https://doi.org/10.1007/978-3-030-30934-3
Springer Nature Switzerland AG 2020
This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

This Springer imprint is published by the registered company Springer Nature Switzerland AG.

The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Contents
Hans-Georg Ziebertz
Johannes A. van der Ven
Jaco S. Dreyer and Garth Aziz
Francis-Vincent Anthony , Francesco Zaccaria and Carl Sterkens
Silviu E. Rogobete and Ligia Vitelar
Alexander Unser , Sophie Zviadadze , Susanne Dhnert , Marina Shupac and Hans-Georg Ziebertz
Leslie J. Francis , Ursula McKenna and Abdullah Sahin
Clement Fumbo , Modestus Adimekwe and Hans-Georg Ziebertz
Hans-Georg Ziebertz
Pl Ketil Botvar
zeyir Ok , Ayse Burcu Goren , Sidika Akbulut and Songul Dogru Getir
Raymond J. Webb , Fatma Jamal Asad and Carl Sterkens
Springer Nature Switzerland AG 2020
H.-G. Ziebertz (ed.) International Empirical Studies on Religion and Socioeconomic Human Rights Religion and Human Rights https://doi.org/10.1007/978-3-030-30934-3_1
1. International Empirical Studies on Religion and Socioeconomic Human Rights. An Introduction
Hans-Georg Ziebertz
(1)
Practical Theology Religious Education, University of Wrzburg, Wrzburg, Germany
Hans-Georg Ziebertz
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In 1966 the General Assembly of the UN agreed on the International Covenant on Economic, Social and Cultural Rights (adopted 1976). The preamble points out that in recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family the ideal of free human beings enjoying freedom from fear can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights. This group of human rights includes economic rights , rights with regard to social security , labour and employment , as well as cultural rights which may be regarded as a shield for the protection of human dignity , especially of specific groups, such as women , children and refugees (Vierdag ). In this book, the term socio-economic rights is used as an umbrella for these contents.

However, the enforceability of those rights clearly distinguishes them from other rights, such as the civil rights. From the beginning, these rights were confronted with the problem that the Covenant can be red programmatically and its justiciability is questioned. Even though states are obliged to ensure socio-economic rights, their enforcement is still difficult. That makes these rights arbitrary and dependent on a political environment that ensures an understanding of these rights as a political challenge. Presumably the more intense civil society demands these rights, the more the government will promote their implementation. Enforcing socio-economic rights requires the involvement not only of stakeholders who advocate these rights, but of every person.

Human rights bodies have been seeking to increase the degree of liability and one of the proposals is the implementation of the differentiation between respect, protection and fulfilment. The Maastricht guidelines ( take up this idea and specify it further:

Like civil and political rights, economic, social and cultural rights impose three different types of obligations on States: the obligations to respect, protect and fulfil. Failure to perform any one of these three obligations constitutes a violation of such rights. The obligation to respect requires States to refrain from interfering with the enjoyment of economic, social and cultural rights. Thus, the right to housing is violated if the State engages in arbitrary forced evictions. The obligation to protect requires States to prevent violations of such rights by third parties. Thus, the failure to ensure that private employers comply with basic labour standards may amount to a violation of the right towork or the right to just and favourable conditions of work. The obligation to fulfil requires States to take appropriate legislative, administrative, budgetary, judicial and other measures towards the full realization of such rights. Thus, the failure of States to provide essential primary health care to those in need may amount to a violation. (art. 6).

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