Correlation Between Socially Oriented State and Ensuring of Social Human Rights: Constitutional and International Legal Dimensions

The purpose of the research is to clarify the key concepts used in the context of ensuring social human rights in conjunction with the provisions of the constitutions of the relevant countries on the “welfare state”, to insist on using a more appropriate concept of “socially oriented state”, and to draw attention to the underestimation of key provisions by domestic law specialists of the international protection of human rights system on the nature of the obligations of the States parties to the International Covenant on Economic, Social and Cultural Rights (171 States) to ensure specific social human rights at the national level. Results. The analysis of domestic scientists’ studies on the issue of the welfare State published over the past twenty years shows the implementation in domestic legal science of the opinion about the progressive model of the welfare State of Western countries, primarily Germany, and less and less mention of a more progressive model in terms of coverage and content of the social rights of the Soviet State in accordance with the 1936 Constitution of the USSR. It is argued that any study, including legal, on identifying a progressive model of the welfare State and guaranteeing social human rights should be politically neutral so that its results are objective and, therefore, universally applicable.

socially oriented state, social human rights, constitutional law, international law