Do Civil and Political Rights Place Only Negative Obligations on a State?
Civil and political rights do not only place negative obligations on the state, that is, state actions in response to a violation of those rights. For example, in order to guarantee the right to a fair trial, positive action must be taken through the establishment and maintenance of an adequate judicial and law enforcement system. Furthermore, certain social and economic rights are contained within political rights treaties and are based upon negative obligations, such as the prohibition of slavery and forced labour or the right to freedom of association or to equal treatment before the law. These rights can be claimed before a court of law, they are considered justiciable. Similarly, if certain social rights are violated such as the right to strike or the freedom to engage in collective bargaining, the state action can be subject to judicial review.
