Hennie Strydom of Johannesburg University, South Africa, delivering a presentation on “The Role of the Judiciary to Promote Social Justice: The Protection of Socio-Economic Rights in International Law.” Photo by Humas MK/Ifa.

TANGERANG, Public Relations of the Constitutional Court of the Republic of Indonesia—In the efforts to enhance the role of judicial institutions for the protection of the socio-economic and cultural rights of the people, the Constitutional Court of the Republic of Indonesia (MKRI) held the 1st International Expert Meeting 2019 on Friday (20/9/2019) in Serpong, Tangerang under the theme "The Role of Judicial Institutions to Promote Social Justice and Protect Economic and Social Rights." Experts from various neighboring countries were invited to engage in legal discussions on resolving various issues on the fulfillment and protection of social and economic rights of the world citizens by the judiciary.

Prof. Hennie Strydom from the University of Johannesburg, South Africa, delivered a presentation on "The Role of the Judiciary to Promote Social Justice: The Protection of Socio-Economic Rights in International Law." He invited the participants to focus on three substantive issues in the convention specifically about the recognition of rights, the obligations of the state for the realization of rights, and the supervisory role of the economic, social and cultural rights committee. He acknowledged that the development of social and cultural economic rights, upon adoption of the International Covenant on Economic, Social and Cultural Rights (ICESCR 1966), the issue became familiar and even the main topic in many countries despite different implementations.

Strydom exemplified that within the UN it was decided contributions were to be made for the effective progressive implementation of the covenant convention. Since 1985, various socio-economic and cultural rights have been formulated, such as civil and political rights. That was because civil and political rights are part of the internal rights of individuals that can only be felt if the state is passive, whereas socio-economic and cultural rights expect the active presence of the state. Therefore, it is necessary to underline the parties to whom these rights belong to. 

"Because these economic-social and cultural rights only mention individual rights, this is different from political rights, which clearly prevent the state powers from going too far, while the socio-economic and cultural rights need positive state action," Strydom explained before the participants, including constitutional justices of the Republic of Indonesia. 

Thus, Strydom stressed the need for state interest to formulate its obligations so that the impact of state policies and provisions on the protection of social and cultural economic rights is seen immediately and should not be delayed in the future.

In the two-day event (20-21/9/2019), present as speakers are  Former Chief Justice of the Constitutional Court 2013-2015 Hamdan Zoelva and speakers from other countries, including Former Chief Justice of the Australian High Court Robert French, University of Johannesburg professor of South Africa Hennie Strydom, Justice of the Supreme Court of India Indu Maholtra, Former Justice of Bosnia-Herzegovina Constitutional Court Joseph Marko, Kathmandu University professor as well as Constitutional Law Counsel for the President of Nepal Surya Dhungel. (Sri Pujianti/LA)

Translated by: Yuniar Widiastuti