ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

Human rights Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.

Human rights explained https://www.youtube.com/watch?v=pRGhrYmUjU4

The Universal Declaration of Human Rights The principle of universality of human rights is the cornerstone of international human rights law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions.

Three generations of human rights The division of human rights into three generations was introduced in 1979 by Czech jurist Karel Vasak. The three categories are: Civil-political Socio-economic Collective-developmental

The first generation Civil-political human rights include two subtypes: norms pertaining to physical and civil security (f.e. no torture, slavery, inhumane treatment, arbitrary arrest; equality before the law) and norms pertaining to civil-political liberties or empowerments (for example, freedom of thought, conscience, and religion; freedom of assembly and voluntary association; political participation in one’s society).

The second generation Socio-economic human rights guarantee equal conditions and treatment.

The third generation Collective-developmental human rights include two subtypes: the self-determination of peoples (for example, to their political status and their economic, social, and cultural development) and certain special rights of ethnic and religious minorities (for example, to the enjoyment of their own cultures, languages, and religions).

Economic, social and cultural rights

Economic rights Entrepreneurial freedom and the market-based regulation of economic relations are the backbone of all successful economies. Entrepreneurial freedom – poduzetnička sloboda

Duties of the state The state must: ensure that certain rules of conduct are upheld in market competition between various economic subjects, so that all entrepreneurs may enjoy an equal legal position in the market 2. use its regulatory powers to prevent the abuse of a monopolistic situation

Instruments of economic policy Modern states use various instruments of economic policy to intervene in market relations, including taxes, customs, subsidies and state investments Such a role of the state is particularly emphasized in severe economic crises Subsidies - subvencije

Economic rights ECONOMIC RIGHTS include the right to work, the right to the free choice of employment and to just and favourable conditions of work; the right to form and join trade unions: the right to strike; the right to social security; and the right to own property.

Economic rights of workers Workers are entitled to fair remuneration which may be claimed individually or through trade unions and other organizations Remuneration - naknada

Social rights Rights to social security and social insurance Rights necessary for full participation in the the life of society The protection of families, children and persons with disabilities ‚Civil’ rights: for example, the rights to recreation, health care, privacy and freedom from discrimination

Cultural rights Most modern constitutions provide for citizens’ cultural rights, such as the right to education, scientific, cultural and artistic creativity, physical education and sports, as well as the right to a healthy life with an emphasis on the protection of public health, nature and a healthy environment

Fundamental human rights are guaranteed by constitution. How would you define a constitution?

Constitution The system of laws and principles according to which a country is governed The rules and practices that determine the composition and functions of the organs of government and regulate the relationship between the individual and the state

The Constitution of the Republic of Croatia Economic rights

The Constitution of the Republic of Croatia Adopted on December 22, 1990 Revisions: November 1997, 2000 and 2001

Constitutional revisions The abolition of the House of Counties Transformation of the semi-presidential into the parliamentary system Regulation of the voting rights of citizens (dual citizenship)

Translate Article 48: The right of ownership shall be guaranteed Ownership implies obligations. Owners and users of property shall contribute to the general welfare A foreign person may acquire property under conditions spelled out by law. The right of inheritance shall be guaranteed.

Jamči se pravo vlasništva. Vlasništvo obvezuje. Nositelji vlasničkog prava i njihovi korisnici dužni su pridonositi općem dobru. Strana osoba može stjecati pravo vlasništva uz uvjete određene zakonom. Jamči se pravo nasljeđivanja.

Translate Article 49: Enterpreneural and market freedom shall be the basis of the economic system of the Republic of Croatia The State shall ensure all entrepreneurs an equal status on the market. Abuse of the monopoly position defined by law shall be forbidden. The State shall stimulate economic progress and social welfare and shall care of the economic development of all its regions.

Poduzetnička i tržišna sloboda temelj su gospodarskog ustroja Republike Hrvatske. Država osigurava svim poduzetnicima jednak pravni položaj na tržištu. Zabranjena je zlouporaba monopolskog položaja određenog zakonom. Država potiče gospodarski napredak i socijalno blagostanje građana i brine se za gospodarski razvitak svih svojih krajeva.

Task Provide your own definition or explanation of market freedom and monopoly! Compare them with those provided by your colleagues

Market freedom Economic system in which the prices depend on how many items are available and how many people want to buy them, rather than prices getting fixed by governments Supply and demand are not regulated or are regulated with minor restrictions

Monopoly Control of all the market for a product or service Possession of, or control over, something which is not shared by others

Translate Article 51: Everyone shall participate in the defrayment of public expenses in accordance with his or her economic capabilities. The system of taxation shall be based on the principles of equality and equity.

Svatko je dužan sudjelovati u podmirenju javnih troškova, u skladu sa svojim gospodarskim mogućnostima. Porezni se sustav temelji na načelima jednakosti i pravednosti.

Vocabulary Holders of the right of ownership – nositelji vlasničkih prava Conditions spelled out by law – uvjeti propisani zakonom The right of inheritance – pravo nasljeđivanja Entrepreneurial freedom – poduzetnička sloboda Entrepreneur - poduzetnik Market freedom – tržišna sloboda Social welfare – socijalno blagostanje Investor – ulagač Expropriation – izvlaštenje, oduzimanje vlasništva Principle of equity – načelo pravičnosti

Translate the following: U drugom stavku članka 48 Ustav određuje: ''Vlasništvo obvezuje. Nositelji vlasničkog prava i njihovi korisnici dužni su pridonositi općem dobru.'' Vlasništvo, dakle, nije samo pravo raspolagati svojom imovinom, već i dužnost pridonositi općem dobru razmjerno opsegu te imovine. Ta norma predstavlja ustavni temelj za zakonsko uređivanje poreznih obveza na temelju vlasništva.

A suggested translation Paragraph 2 of Article 48 the Constitution provides: "Ownership implies obligations. Owners and users of property shall contribute to the general welfare." Ownership, therefore, is not just the right to dispose of one's own property, but also a duty to contribute to the general welfare in proportion with the scope of that property. That norm represents the constitutional ground/foundation for the legal regulation of tax obligations based on ownership.

Thank you for your attention!