free law journal - volume 3, number 1 (18 january 2007)

FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)4. In considering whether public emergency can arise fromabsence or enjoyment of civil and political rights, in relation toabsence or enjoyment of economic, social and cultural rights, eightcombinations may be distinguished as follows:1. Enjoyment of economic, social and cultural rightsgenerating enjoyment of civil and political rights; whereenjoyment of economic, social, and cultural rights is a pre-requisitefor the effective exercise of civil and political rights. 42. Enjoyment of economic, social and cultural rightsgenerating absence of civil and political rights; whereenjoyment of economic, social, and cultural rights may notnecessarily generate enjoyment of civil and political rights. 5 Letalone the fact that the concept of ‘welfare’ is so relative in contextthat it varies according to the nature of the regime. 6underdevelopment will constitute an emergency situation making theimplementation of at least some human rights difficult, if not impossible.”).4See E/CN.4/SR.1442, where the delegate of USSR states that “the exercise ofeconomic and social rights is a prerequisite for the exercise of all human rightsand fundamental freedoms;” E/CN.4/SR.1339 where the delegate of Indiastates, at 3, para. 7, that “the enjoyment of economic and social rights was aprerequisite for the effective exercise of other rights which could only beachieved when countries had reached a reasonable level of economic and socialdevelopment.”5See, e.g., A/C.3/32/SR.54, where the delegate of Uruguay “reminded his fellowLatin Americans of the failure of the social revolution to be converted into progressin the area of civil and political rights in many countries..., [and] of economicprogress in South Africa combined with the most terrible violations of humanrights.”6See International Law Association, Belgrade Report (1980) at 102 (“Authoritarianregimes seek to justify curtailment of civil and political rights on the pretext that,given the economic backwardness and poverty in their societies, rapid economicdevelopment and the removal of poverty demand higher priority than theenjoyment of civil and political rights, and so the latter must be traded off for theformer.”).95DR. ANWAR FRANGI - ABSENCE OF ECONOMIC, SOCIAL, ANDCULTURAL RIGHTS AS A JUSTIFICATION FOR PUBLICEMERGENCY