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人权两公约中,A公约与B公约分别关注自由权与社会权,二者集中体现了两类权利的差异。在权利内容上,二者关注的具体权利有所不同,即使两类权利涉及统一领域,也关注不同的方面;在国家义务上,A公约要求国家承担积极作为义务,B公约要求国家承担尊重义务与保护义务;在权利救济上,B公约要求国家对自由权负有救济义务,而A公约并未要求国家负有救济义务;在权利限制上,两类权利均由适格机关依照法定程序制定的法律加以限制,但B公约对自由权的限制更为严格,规定也更为具体。自由权与社会权均源于人身的固有尊严,均需各国予以保障实现。
Among the two human rights conventions, Conventions A and B respectively focus on the rights to freedom and social rights, and both of them focus on the differences between the two types of rights. In terms of content of rights, the two rights concern different specific rights, even though the two types of rights are concerned with the same area, they also pay attention to different aspects. In the aspect of state obligation, the A Convention requires the state to undertake the active obligation and the B Convention requires the state to assume the obligation of respecting And the obligation of protection. In the right relief, the B Convention requires the state to assume the obligation of relief on the right of freedom, whereas the A Convention does not require the state to assume the obligation of relief. On the limitation of rights, both rights are formulated by the competent organ in accordance with the statutory procedures However, the B Convention has more stringent restrictions on freedom and more specific provisions. All rights to liberty and social rights stem from the inherent dignity of the human body and must be guaranteed by all nations.