МЕЖДУНАРОДНОПРАВНА ЗАЩИТА НА СОЦИАЛНИТЕ ПРАВА
INTERNATIONAL LEGAL PROTECTION OF SOCIAL RIGHTS

Summary/Abstract: International legal protection of social rights is not autonomous branch of international law. It develops in two other brunches - international legal protection of human rights and international labor law, which makes her theoretical research more difficult. The establishment of international legal protection of social rights as an autonomous subsystem within the overall system of public international law (even if only as a theoretical construction), including the part belonging to human rights and the part belonging to international labor law, would allow to study it as relatively independent phenomenon in international legal reality with its own specific features and characteristics. Social rights are so called second generation rights, which are recognized and protected later than civil and political rights. There could be distinguished two stages in the development of international legal protection of social rights, both within the international legal protection of human rights and in the framework of international labor law. The first stage is from the late 19th and early 20th century until World War II, and the second stage is after World War II until today. It can be argued quite reasonably that during the first stage the international legal defense is significantly in its infancy. It is narrow in scope and most developed mainly in the framework of international labor law. The second stage marks the revival of the international legal protection of social rights within both branches of international law. During that time the main sources of this legal protection were created. The regional European international legal protection of social rights gets also developed after World War II. At first - this protection is established by acts of the Council of Europe and subsequently the protection of social rights is established by the European Union in its primary and secondary legislation.

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