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Jennifer Gitiri Wangui from the Supreme Court of Kenya presenting a paper in the call-for-papers, Thursday (7/11) in Nusa Dua, Bali. Photo by Humas MK/Gani.

BALI, Public Relations of the Constitutional Court—The Constitutional Court of the Republic of Indonesia (MKRI) organized a call-for-papers as part of The 3rd Indonesian Constitutional Court International Symposium (ICCIS 2019) on Thursday (7/11/2019) in Nusa Dua, Bali. The MKRI hoped that the event would help it learn about the practices in solving constitutional issues in the judiciary.

Jennifer Gitiri Wangui from the Supreme Court of Kenya presented a paper entitled "Progressive Nature of Social Economic Rights: A Delayed Promise?" In the paper, Jennifer explored the provisions that form the basis of the socio-economic rights and the various challenges and solutions available to resolve violations of socio-economic rights.

Wangui believed that social, economic, and cultural rights are second generation human rights related to work rights, social security, the environment, family life, cultural life, environment, etc., Jennifer believed that the application of these rights, unlike the first generation rights, is subject to progressive realization. In the sense of the word, these rights are important elements of transitional justice and post-conflict reconstruction.

According to Wangui, the recognition of socioeconomic rights will actually meet many challenges because most of it is within the legal sphere. The most obvious challenge is the separation of powers and political doctrine by allowing court interference in matters considered to be the domain of the legislative and executive branches of government. Apart from these challenges, in the future more and more countries will establish socio-economic rights in their constitutions and legal systems.

Wangui studied how courts in Kenya use progressive realization as a standard for implementing equality and non-discrimination outside the protection of socio-economic rights. "This indicates that law is instrumental to changing the society. The scope and content of these socio-economic rights have not been clearly articulated and are still progressive, in this case the state is also tasked with the justice system to guarantee the protection and enforcement of socio-economic rights of citizens," she explained next to moderator Ali Safa\'at from Brawijaya University, Malang. 

Execution of Constitutional Obligations

Muhammad Ekramul Haque from Dhaka University, Bangladesh presented a paper entitled "Constitutional Protection of Social and Economic Rights and the Role of the Supreme Court of Bangladesh." Ekramul revealed that the Constitution of Bangladesh places the protection of socio-economic rights in Part II of state policies that cannot be enforced legally. There have been many discussions and debates in the Constituent Assembly, but finally Article 8 paragraph (2) of the Constitution finally states that all basic principles of state policy cannot be applied legally. "This judicial non-application opens the opportunity for the Supreme Court to play an important role in protecting social economic rights, regardless of existing constitutional restrictions," he explained before experts, researchers, and academics from 17 friendly countries. 

Universal Human Rights

Fabian Duessel from the Constitutional Court of the Republic of Korea presented a paper entitled "The Unity of Human Rights and Perspectives on Socio-Economic Rights During 1939-1945." He discussed the document that then gave birth to universal human rights in 1939-1945. Duessel believed ideological debates during the Cold War contrasted with civil and political rights and socio-economic rights. However, the end of the Cold War called for unity of the concept of human rights.

Through his paper, Duessel reviewed the special nature of socio-economic rights that cannot be shared and are not subject to dichotomy. By reviewing the nature of socio-economic rights and their enforcement at the international and national level, it is clear that civil and political rights and socio-economic rights must be seen as two sides of the same coin.

The call-for-papers is organized by the MKRI’s Center for Research and Case Review. It takes place for two days (6-7/11/2019). Selected speakers from various countries present their papers and discuss them with participants. (Sri Pujianti/NRA)

Translated by: Yuniar Widiastuti

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