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7 The Justifiable Limitations To The Recognized Rights

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Chapter Summary

The Articles 4 and 5 of the International Covenant on Economic, Social and Cultural Rights outlines the scope for limitations as well as prohibition of abuse of rights. The analysis of these two provisions contributes to an understanding of the recognized rights. It is important to note that Article 4 indicates explicitly that the State is acting as the ‘provider’ of the recognized rights, hence giving a relatively active role to the State. The content of Article 4 is based on Article 29.2 of the Universal Declaration on Human Rights. Article 5.1 is based on Article 30 of the Universal Declaration of Human Rights. Article 5.1 prohibits any interpretation of the Covenant to give any right for the State, group or individual intending to destroy the recognized rights in the Covenant. The Article uses the term ‘destruction’, which must be considered to be strong wording.

Keywords: abuse of rights; cultural rights; human rights



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