[governance] Inputs for synthesis paper

[Parminder]

> If a national constitution contains proivisions to that effect, then
> there is a right to education that should enable citizens to bring
> action against the state.
> In Germany, citizens can submit cases to the constitutional court if
> they think their constitutional rights have been violated.

Which brings us the question whether 'rights' can be spoken of before they
are a part of a constitution or only after. All the fathers of world's great
constitutions, and social and political movements behind them, would surely
have begun speaking of rights much before they were enshrined. These
constitutions will not have become possible if they hadn't. 

> I remember a long debate in Germany about a "right to work". 

Proves the above point. Many sensible people, and much progressive civil
society, would have argued on the side of having this right, isn't it. We
are also only proposing a dialogue on rights in relation to the Internet.
And we are trying to develop a tentative canvas of such a dialogue. That is
all. BTW 'right to work' is mentioned in Universal Declaration of Human
Rights. Much of UDHR is not enforceable in any court. Do you for that reason
find no meaning in it? 


This wasn't
> added to the constitution because it was said that the government is not
> in a position to guarantee a sufficient number of jobs. I mention this
> here as it seems to describe a similar situation.
> jeanette

Other countries would have thought otherwise and taken it as a right. In any
case, civil society is mostly in the forefront of developing new 'rights'
language and use it for social movements. They cant be 'behind' government
laws in this regard. That will defeat its very purpose. 

In that sense 'right' as an available legal and constitutional entitlement
can be different from the use of this term in struggles for social change
waged by social movements and civil society. 

Parminder 




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