Soziale Grundrechtsgehalte im Lichte der grundrechtlichen Eingriffsdogmatik

摘要

To define social rights appears to be difficult because of a very unclear terminology that lacks solid premises. Given the fact that the Austrian Federal Constitution does not contain any explicit social rights or a Social State Principle, the contribution seeks to make visible the social contents of traditional liberty rights. This aspect is exemplified by the so-called "Eingriffsdogmatik" (ie all scientific research activities focusing on encroachment of human rights), which is based on a traditional human rights understanding. Therefore, for the moment we have to seek a social rights understanding that is in close conjunction with a weighing of interests and with a view to the constitutional principle of equality as well as the right to property is able to implement a social rights based element. As a result and given this conjunction, the "Eingriffsdogmatik" applicable to the above-mentioned rights would also – in principle – apply to social rights. Nevertheless, the creation of explicit social rights remains an important both political and legal project.