Abstract
After World War Two, there was all over the world and especially in Europe, new hopes for international and regional law. The Declaration of Philadelphia in 1944 which is still the foundation of the International Labour Organisation (ILO), as well as the Council of Europe (CoE) in 1948, the Declaration of San Francisco in 1945 (and obviously the UN Charter in 1948) or the European Coal and Steel Community (ECSC) in 1951 reflected the need of creating new models of international organisations. Those new institutions were built and legitimized by international law and a common target. Somehow, those communities of States were safeguards for peace and stability, economic growth and social progress. This dynamic is obviously clear in Europe after centuries of wars.
This is in this politico-legal context that economic and social rights emerged on a global scale. How to define Economic, Social (and sometimes Cultural Rights) ? The core of the definition of Economic and Social Rights (ESR) is that those rights are legitimized by socio-economic conditions of the individuals in a society. Yes, free will, opinion or human dignity rights are essential in our modern societies but they might be not enough to guarantee social and political cohesion within democratic civilizations. ESR conceptions are often "basics Human Rights" implications and they are "programmatic". Although, Economic and Social Rights are often recognised too vague and hard to implement, the two regional courts and organisations I choose for this essay; attempted to escape those prejudices and preconceptions and proposed in their own ways, solutions when Judges or Lawmakers are dealing with ESR.
