Social rights in armed conflict situations

Abstract

This chapter gives an overview of how fundamental socioeconomic human interests that are protected as social human rights in international and regional human rights treaties and through prohibitions and proactive duties under international humanitarian law (IHL) are safeguarded in times of armed conflict and in postconflict situations. It first elaborates on the relationship between social human rights and IHL, a relationship that can be structured with the help of the lex specialis maxim. Second, it shows, by way of two examples, how social rights and IHL can contribute to upholding lifesaving conditions of conflict-affected populations in ongoing armed conflicts: by reducing to a minimum the permissible destruction of civilian infrastructure essential for the enjoyment of social rights during active hostilities, and by securing access to health care. Last but not least, the chapter highlights how social rights and general human rights principles can contribute to peacebuilding and reconstruction processes in postconflict settings.