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12 - The Spirit of Social Rights

from Part III - Social Rights in the Age of Internationalism

Published online by Cambridge University Press:  11 January 2022

Steven L. B. Jensen
Affiliation:
The Danish Institute for Human Rights
Charles Walton
Affiliation:
University of Warwick
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Summary

This chapter revisits the Universal Declaration of Human Rights (UDHR) and some thinkers who addressed social rights in its time, arguing that it is best understood historically as a charter for social citizenship. There is little evidence that the UDHR was intended – let alone noticed – as a call for supranational protection or a lodestar for non-governmental pressure. Rather, the UDHR was a template for a new kind of state, thus both national and governmental in its implications. This unprecedented new kind of state, birthed by the Second World War and ultimately consecrated around the world, afforded social protections and perhaps even egalitarian distribution. The restoration of the UDHR to its time poses new questions about how it was that human rights could indeed become at a later date so strongly associated with the supranational and non-governmental even as any commitment to distributive equality evaporated. Put in terms of a formula, the UDHR is an artefact of a pre-neo-liberal age that found itself celebrated in a neo-liberal one – but only once it was reinvented first.

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Publisher: Cambridge University Press
Print publication year: 2022

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