The Future of Economic and Social Rights

The Future of Economic and Social Rights
Author: Katharine G. Young
Publisher: Cambridge University Press
Total Pages: 711
Release: 2019-04-11
Genre: Law
ISBN: 1108418139

Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.

Economic, Social and Cultural Rights

Economic, Social and Cultural Rights
Author: Asbjørn Eide
Publisher: BRILL
Total Pages: 801
Release: 2001-06-01
Genre: Law
ISBN: 9047433866

The first edition of this text was a textbook on internationally recognized economic, social and cultural rights. While focusing on this category of rights, it also analyzed their relationships to other human rights, civil and political in particular. This revised edition updates the information.

The State of Economic and Social Human Rights

The State of Economic and Social Human Rights
Author: Lanse Minkler
Publisher: Cambridge University Press
Total Pages: 407
Release: 2013-01-07
Genre: Business & Economics
ISBN: 1107028027

Original scholarship on economic and social human rights from cutting-edge scholars in the fields of economics, law, political science, sociology and anthropology.

Economic, Social, and Cultural Rights in International Law

Economic, Social, and Cultural Rights in International Law
Author: Eibe Riedel
Publisher: OUP Oxford
Total Pages: 2883
Release: 2014-03-13
Genre: Law
ISBN: 0191509582

Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.

Economic, Social and Cultural Rights in International Law

Economic, Social and Cultural Rights in International Law
Author: Manisuli Ssenyonjo
Publisher: Bloomsbury Publishing
Total Pages: 1006
Release: 2016-10-06
Genre: Law
ISBN: 1509900837

Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.

Economic, Social and Cultural Rights as Human Rights

Economic, Social and Cultural Rights as Human Rights
Author: Olivier de Schutter
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2013
Genre: Human rights
ISBN: 9780857930750

This title offers a selection of those major contributions which have shaped debate in the field of economic, social and cultural rights. The broad range of discussion includes: the nature of economic, social and cultural rights and the ability of courts to protect them; the effectiveness of non-judicial protective mechanisms at both the universal and the domestic level; ways of measuring whether states do enough to 'progressively realize' these rights; the impact of trade and investment liberalization, and of economic globalization generally, on the fulfilment of such rights; and the role of economic, social and cultural rights in development.

Constituting Economic and Social Rights

Constituting Economic and Social Rights
Author: Katharine G. Young
Publisher: OUP Oxford
Total Pages: 376
Release: 2012-08-23
Genre: Law
ISBN: 0191639745

Food, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law. Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors. This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimum bundles of commodities or entitlements to processes of value-based, deliberative problem solving. Theories of constitutionalism and governance inform the potential of this approach to reconcile economic and social rights with both democratic and market principles, while addressing the material inequality, poverty and social conflict caused, in part, by law itself.

Social and Economic Rights in Theory and Practice

Social and Economic Rights in Theory and Practice
Author: Helena Alviar García
Publisher: Routledge
Total Pages: 344
Release: 2014-09-19
Genre: Law
ISBN: 1317964438

Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.

Economic and Social Rights after the Global Financial Crisis

Economic and Social Rights after the Global Financial Crisis
Author: Aoife Nolan
Publisher: Cambridge University Press
Total Pages: 413
Release: 2014-10-09
Genre: Political Science
ISBN: 131606137X

The global financial and economic crises have had a devastating impact on economic and social rights. These rights were ignored by economic policy makers prior to the crises and continue to be disregarded in the current 'age of austerity'. This is the first book to focus squarely on the interrelationship between contemporary and historic economic and financial crises, the responses thereto, and the resulting impact upon economic and social rights. Chapters examine the obligations imposed by such rights in terms of domestic and supranational crisis-related policy and law, and argue for a response to the crises that integrates these human rights considerations. The expert international contributors, both academics and practitioners, are drawn from a range of disciplines including law, economics, development and political science. The collection is thus uniquely placed to address debates and developments from a range of disciplinary, geographical and professional perspectives.

The International Covenant on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights
Author: Ben Saul
Publisher: Oxford University Press
Total Pages: 1358
Release: 2014-03
Genre: Law
ISBN: 0199640300

"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.