Download or read book Poverty and Fundamental Rights written by David Bilchitz and published by OUP Oxford. This book was released on 2007-02-22 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the pressing issue of severe poverty and inequality, and questions why violations of socio-economic rights are treated with less urgency than violations of civil and political rights, such as the right to freedom of speech or to vote? Socio-economic rights have been widely regarded as aspirational goals, rhetorically useful, but having few practical implications for government policy and the distribution of resources within a polity. It is not therefore surprising that socio-economic rights have been systematically neglected in the world today, with millions still lacking access to even basic shelter, food or health care. This book seeks to provide a sustained argument for placing renewed emphasis upon socio-economic rights in the fight against desperate poverty. It utilizes a combination of political philosophy, constitutional law, and public policy in its focus on the right to food, to housing, and to health care. Part I involves the development of a philosophical theory of rights that provides a common normative foundation for both civil and political rights and socio-economic rights. This theory involves developing an understanding of value that recognizes individuals have fundamental interests of differing levels of urgency. It also involves drawing an important distinction between conditional rights that flow purely from a normative focus on the equal importance of individuals and unconditional rights that involve competing normative and pragmatic considerations. A general theory of judicial review is also put forward that provides a justification for judicial involvement in the enforcement of socio-economic rights. Part II then considers the implications of this general philosophical theory for the interpretation and enforcement of socio-economic rights in law. The focus of this more applied discussion is upon South Africa, where entrenched, directly justiciable socio-economic rights are expressly protected in the constitution. The current approach of the South African Constitutional Court to their interpretation and enforcement is considered and criticized primarily for failing to provide sufficient content to such rights. A modified version of the minimum core approach to socio-economic rights is proposed as an alternative way which is supported by the philosophical theory developed in the first part of the book. This approach requires priority to be given to the worst off in society through placing a heavy burden of justification on any society that fails to meet the minimal interests of individuals. It also requires concrete steps to be taken towards realising a higher level of provision that guarantees individuals the necessary conditions for realising a wide range of purposes. This is also shown to have important policy implications both for developing and developed countries that can, it is hoped, assist in creating an urgency and commitment towards eradicating extreme poverty.

Download or read book Fulfilling Social and Economic Rights written by Sakiko Fukuda-Parr and published by Oxford University Press. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most ambitious legacies of the 20th century was the universal commitment to ensure freedom from want as a human right. But to what extent are countries across the world living up to this commitment? This path breaking book develops an innovative, evidence-based index for comparing performance on education, food, health, work and housing across very differently situated countries and over time. It explores the factors influencing performance and provides empirical evidence to resolve some long standing controversies over the principle of "progressive realization". By defying the boundaries of traditional research disciplines, this work fundamentally advances our knowledge about the status of and factors promoting social and economic rights fulfillment at the dawn of the 21st century.

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.

Download or read book Vindicating Socio Economic Rights written by Paul O'Connell and published by Routledge. This book was released on 2012-02-21 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Notwithstanding the widespread and persistent affirmation of the indivisibility and equal worth of all human rights, socio-economic rights continue to be treated as the "Cinderella" of the human rights corpus. At a domestic level this has resulted in little appetite for the explicit recognition and judicial enforcement of such rights in constitutional democracies. The primary reason for this is the prevalent apprehension that the judicial enforcement of socio-economic rights is fundamentally at variance with the doctrine of the separation of powers. This study, drawing on comparative experiences in a number of jurisdictions which have addressed (in some cases more explicitly than others) the issue of socio-economic rights, seeks to counter this argument by showing that courts can play a substantial role in the vindication of socio-economic rights, while still respecting the relative institutional prerogatives of the elected branches of government. Drawing lessons from experiences in South Africa, India, Canada and Ireland, this study seeks to articulate a "model adjudicative framework" for the protection of socio-economic rights. In this context the overarching concern is to find some role for the courts in vindicating socio-economic rights, while also recognising the importance of the separation of powers and the primary role that the elected branches of government must play in protecting and vindicating such rights. The text incorporates discussion of the likely impact and significance of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and looks at the implications of the Mazibuko decision for the development of South Africa’s socio-economic rights jurisprudence.

Download or read book Social and Economic Rights as Fundamental Rights written by Francesca Bignami and published by . This book was released on 2014 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2014, the constitutional law topic for the International Congress of Comparative Law was “Social and Economic Rights as Fundamental Rights.” This national report on the American system, which responds to the extensive questionnaire circulated to the national reporters, analyzes the protections afforded for the right to social security at the federal level and the right to education at the state level. We demonstrate that unlike a number of other countries, the right to social security is not afforded significant protection: the text of the U.S. Constitution does not expressly contain such a right; the Supreme Court has only recognized a right to non-discrimination against the indigent with respect to certain “fundamental rights” and a right to due process before the termination of government benefits; and constitutional and sub-constitutional norms of legitimate expectations, vested rights, and non-retroactivity do not prevent the state from immediately ending benefits under government programs. By contrast, at the state level, the right to education is recognized in all state constitutions and has given rise to an extensive jurisprudence on issues such as unequal funding of school districts, education for juveniles in detention and the homeless, and education for the children of undocumented workers.

Download or read book Social and Economic Rights in Theory and Practice written by Helena Alviar García and published by Routledge. This book was released on 2014-09-19 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Social and Economic Rights in Ireland written by Claire-Michelle Smyth and published by Clarus Press. This book was released on 2017 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Social and economic rights encompass the essential elements required for a human being to exist. They include the right to food, water, shelter, emergency medical care, housing and social assistance. However, these rights are primarily seen as being subordinate to civil and political rights. Social and Economic Rights in Ireland focuses on Ireland's protection and vindication of these rights providing a detailed examination of the law in this area, both domestically and under the State's international obligations. With this focus in mind, the following international treaties are analysed: The European Social Charter; The Charter of Fundamental Rights of the European Union; The International Covenant on Economic Social and Cultural Rights, and the European Convention on Human Rights. Their impact is critically examined in order to assess whether Ireland is in compliance with its international obligations. Social and Economic Rights in Ireland provides a detailed and critical analysis of the law and policy in relation to social and economic rights. It will be an invaluable resource for legal academics, students and lawyers, especially in the area of human rights, public law and constitutional law as well as anyone interested in politics, political science, social policy, governance and social and economic rights generally"--Back cover.

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 Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Download or read book Judicial Review Socio Economic Rights and the Human Rights Act written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2007-08-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.

Download or read book Economic Social and Cultural Rights written by Asbjørn Eide and published by BRILL. This book was released on 2001-06-01 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Social Economic and Cultural Rights written by Peter van der Auweraert and published by Maklu. This book was released on 2002 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: B. The Example of Belgium

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 Social policy in the European Union state of play 2015 written by David Natali (OSE) and published by ETUI. This book was released on 2015-09-23 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixteenth edition of Social policy in the European Union: state of play has a triple ambition. First, it provides easily accessible information to a wide audience about recent developments in both EU and domestic social policymaking. Second, the volume provides a more analytical reading, embedding the key developments of the year 2014 in the most recent academic discourses. Third, the forward-looking perspective of the book aims to provide stakeholders and policymakers with specific tools that allow them to discern new opportunities to influence policymaking. In this 2015 edition of Social policy in the European Union: state of play, the authors tackle the topics of the state of EU politics after the parliamentary elections, the socialisation of the European Semester, methods of political protest, the Juncker investment plan, the EU’s contradictory education investment, the EU’s contested influence on national healthcare reforms, and the neoliberal Trojan Horse of the Transatlantic Trade and Investment Partnership (TTIP).

Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Social and Economic Rights and Constitutional Law written by Sandra Fredman and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Socio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies. This collection draws together the sophisticated and constructive solutions developed by the foremost thinkers to fully recognise socio-economic rights, demonstrating how traditional concepts and obstacles can be re-characterised and modified to ensure respect for the indivisibility of human rights. This important collection provides crucial insights into the emerging and perennial challenges to socio-economic rights. Including an original introduction, it is an ideal resource for those new to the study of socio-economic rights, academics, policy makers and all those interested in using human rights to achieve social justice.

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)