Download or read book Core Socio Economic Rights and the European Court of Human Rights written by Ingrid Leijten and published by Cambridge University Press. This book was released on 2018-01-25 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Core Socio-Economic Rights and the European Court of Human Rights deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the ECtHR's reasoning in socio-economic cases as well as contributing to the debate on indivisible rights adjudication in an age of 'rights inflation' and proportionality review. Core Socio-Economic Rights and the European Court of Human Rights will interest scholars and practitioners dealing with fundamental rights and especially those interested in judicial reasoning, socio-economic and supranational rights protection.
Download or read book Core Rights and the Protection of Socio economic Interests by the European Court of Human Rights written by and published by . This book was released on 2015 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Core Socio Economic Rights and the European Court of Human Rights written by Ingrid Leijten and published by Cambridge University Press. This book was released on 2018-01-25 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Core Socio-Economic Rights and the European Court of Human Rights focuses on socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR) and, through review and exploration of core socio-economic protection and rights, offers suggestions for improving the ECtHR's reasoning in socio-economic cases.
Download or read book Exploring Social Rights written by Daphne Barak-Erez and published by Bloomsbury Publishing. This book was released on 2007-12-19 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring Social Rights looks into the theoretical and practical implications of social rights. The book is organised in five parts. Part I considers theoretical aspects of social rights, and looks into their place within political and legal theory and within the human rights tradition; Part II looks at the status of social rights in international law, with reference to the challenge of globalisation and to the significance of specific regional regulation (such as the European System); Part III includes discussions of various legal systems which are of special interest in this area (Canada, South Africa, India and Israel); Part IV looks at the content of a few central social rights (such as the right to education and the right to health); and Part V discusses the relevance of social rights to distinct social groups (women and people with disabilities). The articles in the book, while using the category of social rights, also challenge the separation of rights into distinct categories and question the division of rights to 'civil' vs 'social' rights, from a perspective which considers all rights as 'social'. This book will be of interest to anyone concerned with human rights, the legal protection of social rights and social policy. 'Social rights are the stepchildren of the human rights family. Are they really 'rights'? Can courts enforce them? And does it make any difference when they try? This remarkable collection of essays by distinguished scholars offers important new responses to all the basic questions. Ranging across disciplinary and national boundaries and brimming with both theoretical and practical insights, the book is especially welcome in this moment of mounting inequalities and growing interest in the possibilities and perils of social rights.' William E Forbath, Lloyd M Bentsen Chair in Law and Professor of History, University of Texas at Austin 'At the auspicious moment of the sixtieth anniversary of the Universal Declaration of Human Rights, and more than half a century since the beginning of the Human Rights Revolution–a time characterized by the end of the cold war, globalization and privatization, comes this important compilation which critically revisits the international commitment to social rights, and reconceives its core distinguishing principles–from crosscutting comparative, theoretical and practical perspectives–illuminating our commitment to human security.' Ruti Teitel, Ernst Stiefel Professor of Comparative Law, New York Law School. Author, 'Transitional Justice' (OUP 2002)
Download or read book Human Rights As Indivisible Rights written by Ida Elisabeth Koch and published by Martinus Nijhoff Publishers. This book was released on 2009 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the legal nation of human rights as indivisible, interrelated and interdependent rights by analysing case law from the European Court of Human Rights. The book concludes that the nation of human rights as indivisible right as a legal content and that aspects of several socio-economic rights are in fact protected by the Convention.
Download or read book Re thinking Socio Economic Rights in an Insecure World written by Nsongurua Udombana and published by Central European University Press. This book was released on 2005-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: From November 28 - 29, 2005, the Center for Human Rights of Central European University (CEU) organized a roundtable around the theme: Re-thinking Socio-Economic Rights in an Insecure World. The roundtable brought together scholars and human rights practitioners from different regions to reflect on the following questions relating to social and economic rights, particularly in the context of the global insecurity: If social rights are human rights, how does the failure to advance these rights undermine security? Are social rights human rights or do the claims they incorporate represent social needs? Are they moral or legal rights? Who has a duty to respect these rights? Is there a hierarchy among those who have such duties? How can these duties be fulfilled? What is an appropriate approach to social and economic concerns in developing countries? Is the argument for socio-economic rights an argument that overcomes the causes and legacy of conflicts? Do socio-economic rights deserve constitutional protection? What are the problems behind constitutional protection of such rights? Is the vagueness of social and economic rights an enough reason not to assign such rights to people? Is the rhetoric of social and economic rights helpful in protecting marginalized and neglected groups?
Download or read book Shaping Rights in the ECHR written by Eva Brems and published by Cambridge University Press. This book was released on 2014-01-23 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a case. This volume brings together a variety of legal scholars in order to examine the scope of fundamental rights. Topics range from the nature of human rights and the real or imagined risk of rights inflation to theories of positive obligations and social and economic rights. It contains contributions of a theoretical nature as well as analytical overviews of the ECtHR's approach. In addition, comparisons are made with domestic, EU and international law.
Download or read book The International Covenant on Economic Social and Cultural Rights written by Ben Saul and published by OUP Oxford. This book was released on 2014-03-06 with total page 1360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic, social and cultural rights are finally coming of age. This book brings together all essential documents, materials, and case law relating to the International Covenant on Economic, Social and Cultural Rights (ICESCR) - one of the most important human rights instruments in international law - and its Optional Protocol. This book presents extracts from primary materials alongside critical commentary and analysis, placing the documents in their wider context and situating economic, social, and cultural rights within the broader human rights framework. There is increasing interest internationally, regionally, and in domestic legal systems in the protection of economic, social, and cultural rights. The Optional Protocol of 2008 allows for individual communications to be made to the UN Committee on Economic, Social and Cultural Rights after its entry into force in 2013. At the regional level, socio-economic rights are well embedded in human rights systems in Europe, Africa and the Americas. At the national level, constitutions and courts have increasingly regarded socio-economic rights as justiciable, narrowing the traditional divide with civil and political rights. This book contextualises these developments in the context of the ICESCR. It provides detailed analysis of the ICESCR structured around its articles, drawing on national as well as international case law and materials, and containing all of the key primary materials in its extensive appendices. This book is indispensible for the judiciary, human rights practitioners, government legal advisers and agencies, national human rights institutions, international organisations, regional human rights bodies, NGOs and human rights activists, academics, and students alike.
Download or read book Human Rights in the Market Place written by Christopher Harding and published by Routledge. This book was released on 2016-05-13 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ideology of human rights protection has gained considerable momentum during the second half of the twentieth century at both national and international level and appears to be an effective lever for bringing about legal change. This book analyzes this strategy in economic and commercial policy and considers the transportation of the 'public law' discourse of basic human rights protection into the 'commercial law' context of economic policy, business activity and corporate behaviour. The volume will prove indispensable for anyone interested in human rights, international law, and business and commercial law.
Download or read book General Principles of the European Convention on Human Rights written by Janneke Gerards and published by Cambridge University Press. This book was released on 2019-03-28 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.
Download or read book The Right to Strike under the European Court of Human Rights written by Charalampos Stylogiannis and published by GRIN Verlag. This book was released on 2017-01-09 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2016 in the subject Politics - Topic: Public International Law and Human Rights, grade: 70%, University College London, course: LLM, language: English, abstract: This paper seeks to examine, from a human rights perspective, the degree of protection of the right to strike under Article 11 ECHR. Chapter One examines whether Article 11 ECHR offers any possibility for reading into its provisions a general right to strike. It will scrutinise the initial reluctance of the ECtHR to proceed to such an interpretation, and thus to adequately safeguard the right at issue. Chapter Two discusses the course through which the initial despair preceded the subsequent hope of the Demir and Baykara judgement while considering the case’s impacts on the protection of the right to strike. Chapter Three critically examines the decision in the RMT v. UK case, in which the ECtHR appeared to misplace any optimism its previous jurisprudence had generated. It will focus on the UK’s problematic pre-industrial notices which are necessary for the workers in escaping tortious liability, and on the classification, by the Court, of a secondary action as an ‘‘accessory’’, rather than a core aspect of trade unions’ activity. Chapter Four at first refers to the importance of the right to strike as a human right. It is argued that its enhanced protection can result in the promotion of human rights for both those taking part in the industrial action and those who are not formally engaged in the dispute. Finally, it discusses why the ECHR constitutes the 'safest' route through which individuals and trade unions can challenge breaches vis a vis the right to strike.
Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
Download or read book The Human Right to Health written by Eduardo Arenas Catalán and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book offers a fresh perspective on how to effectively address the issue of unequal access to healthcare. It analyses the human right to health from the underexplored legal principle of solidarity, proposing a non-commercial understanding of the positive obligations inherent in the right to health.
Download or read book European Human Rights Justice and Privatisation written by Gaëtan Cliquennois and published by Cambridge University Press. This book was released on 2020-10-15 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new understanding of the relationships between litigation strategies, growing private funding and European human rights justice.
Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Download or read book The European Convention on Human Rights written by Liam Thornton and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has shown significant weariness in interpreting the European Convention on Human Rights (ECHR) as protecting socio-economic rights. Issues of political legitimacy, judicial proprietary and resource allocation would play more heavily on an internationalised court than may be the case within domestic court systems. There are increasing signs that the European Court of Human Rights (ECtHR) is now recognising the interdependent and indivisible nature of civil and political rights and socio-economic rights. This chapter examines the extent to which the ECHR as interpreted by the European Court of Human Rights (ECtHR) has led to a more nuanced understanding and interplay between economic and social rights and civil and political rights. Recent substantive socio-economic rights jurisprudence suggests that the impact of the ECHR in this area has yet to be fully realised. This chapter examines the jurisprudence of the ECtHR under Article 2, the right to life, Article 3, protection from inhuman and degrading treatment and Article 8, right to private and family life, of the ECHR in dealing with socio-economic rights. While this jurisprudence is developing, it cannot be said definitively that socio-economic rights are protected by the ECHR. However, the interpretation of the ECHR by the ECtHR seems to suggest that the neat division of socio-economic rights from civil and political rights is waning. While there is much to commend a re-focus on the discourse on socio-economic rights towards budget analysis, the focus on this chapter is within the narrow confines of judicial engagement with individual claims that socio-economic rights were violated.
Download or read book Socio economic Rights written by Sandra Liebenberg and published by Juta and Company Ltd. This book was released on 2010 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
