Constitutional analysis of socio-economic rights in Ukraine highlights challenges and compliance with international standards.
The article presents a constitutional and legal analysis of socio-economic rights as an integral component of the human rights system. These rights are interpreted as legally guaranteed opportunities provided by the state to ensure individuals adequate living conditions in economic and social spheres. Their role as a legal foundation of the concept of a social state is emphasized, with a focus on safeguarding human dignity through support for basic socio-economic and cultural standards of life. The article examines the features of the constitutional entrenchment of these rights in Ukraine and their compliance with the provisions of the International Covenant on Economic, Social and Cultural Rights, the European Social Charter, and other international legal instruments. It also explores the historical origins of socio-economic rights as second-generation rights, linked to the expansion of state functions in the social domain. Theoretical approaches to the definition of content, scope, and legal nature of these rights are analyzed, taking into account their dependence on the state’s economic capacity, political context, and institutional guarantees. The study establishes that, despite their clear constitutional codification, the mechanisms for implementing these rights in Ukraine remain fragmented and, at times, insufficiently effective. Applying historical-legal, normative-analytical, and comparative methods, the author analyzes doctrinal positions on the nature of socio-economic rights, their evolution, and their connection with the principle of the social state. The article identifies key challenges, including the declarative nature of legal norms, vagueness of legislative provisions, excessive procedural complexity, weak judicial protection, and the influence of political conjuncture on the stability of guarantees. Emphasis is placed on the importance of gradually implementing international standards, particularly through strengthening institutional capacity, clarifying the normative content of rights, ensuring financial guarantees, and developing effective monitoring mechanisms. The article concludes that the effective realization of socio-economic rights is a prerequisite for social justice, equality, and Ukraine’s integration into the European legal space.
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Iryna SHCHERBATIUK (2025) studied this question.