Socio Economic Rights

Author : Paul O'Connell
Publisher : Routledge
Page : 291 pages
File Size : 42,9 Mb
Release : 2012-02-21
Category : Law
ISBN : 9781136457531

Get Book

Vindicating Socio-Economic Rights by Paul O'Connell Pdf

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.

Author : Marlies Hesselman,Antenor Hallo de Wolf,Brigit Toebes
Publisher : Taylor & Francis
Page : 334 pages
File Size : 40,8 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781317209898

Get Book

Socio-Economic Human Rights in Essential Public Services Provision by Marlies Hesselman,Antenor Hallo de Wolf,Brigit Toebes Pdf

There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.

Author : Sandra Liebenberg
Publisher : Juta and Company Ltd
Page : 572 pages
File Size : 54,9 Mb
Release : 2010
Category : Business & Economics
ISBN : 0702184802

Get Book

Socio-economic Rights by Sandra Liebenberg Pdf

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.

Author : Katharine G. Young
Publisher : Cambridge University Press
Page : 711 pages
File Size : 41,5 Mb
Release : 2019-04-11
Category : Law
ISBN : 9781108418133

Get Book

The Future of Economic and Social Rights by Katharine G. Young Pdf

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

Author : Helena Alviar García,Karl Klare,Lucy A. Williams
Publisher : Routledge
Page : 358 pages
File Size : 49,5 Mb
Release : 2014-09-19
Category : Law
ISBN : 9781317964421

Get Book

Social and Economic Rights in Theory and Practice by Helena Alviar García,Karl Klare,Lucy A. Williams Pdf

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.

Author : University of the Western Cape. Community Law Centre,Socio-Economic Rights Project
Publisher : Unknown
Page : 454 pages
File Size : 45,5 Mb
Release : 2007
Category : Civil rights
ISBN : 1868086348

Get Book

Socio-economic Rights in South Africa by University of the Western Cape. Community Law Centre,Socio-Economic Rights Project Pdf

Author : Sandra Fredman,Meghan Campbell
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2016
Category : Civil rights
ISBN : 1784718297

Get Book

Social and Economic Rights and Constitutional Law by Sandra Fredman,Meghan Campbell Pdf

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.

Author : Claire-Michelle Smyth
Publisher : Clarus Press
Page : 194 pages
File Size : 52,6 Mb
Release : 2017
Category : Basic needs
ISBN : 1905536925

Get Book

Social and Economic Rights in Ireland by Claire-Michelle Smyth Pdf

"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.

Author : David Bilchitz
Publisher : OUP Oxford
Page : 304 pages
File Size : 51,8 Mb
Release : 2007-02-22
Category : Law
ISBN : 9780191021695

Get Book

Poverty and Fundamental Rights by David Bilchitz Pdf

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.

Author : Malcolm Langford,Ben Cousins,Jackie Dugard,Tshepo Madlingozi
Publisher : Cambridge University Press
Page : 487 pages
File Size : 47,9 Mb
Release : 2014
Category : Business & Economics
ISBN : 9781107021143

Get Book

Socio-Economic Rights in South Africa by Malcolm Langford,Ben Cousins,Jackie Dugard,Tshepo Madlingozi Pdf

This book sets out to assess the role and impact of socio-economic strategies used by civil society actors in South Africa. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action.

Author : Christopher Mbazira
Publisher : PULP
Page : 283 pages
File Size : 45,7 Mb
Release : 2009
Category : Distributive justice
ISBN : 9780981412474

Get Book

Litigating Socio-economic Rights in South Africa by Christopher Mbazira Pdf

Litigating Socio-Economic Rights in South Africa: A choice between corrective and distributive justiceby Christopher Mbazira2009ISBN: 978-0-9814124-7-4Pages: viii 273Print version: AvailableElectronic version: Free PDF available.

Author : Danie Brand,Christof H. Heyns
Publisher : PULP
Page : 325 pages
File Size : 40,5 Mb
Release : 2005
Category : Law
ISBN : 9780620340861

Get Book

Socio-economic Rights in South Africa by Danie Brand,Christof H. Heyns Pdf

Author : Ben Saul,David Kinley,Jaqueline Mowbray
Publisher : Oxford University Press
Page : 1358 pages
File Size : 42,9 Mb
Release : 2014-03
Category : Law
ISBN : 9780199640300

Get Book

The International Covenant on Economic, Social and Cultural Rights by Ben Saul,David Kinley,Jaqueline Mowbray Pdf

"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.

Author : Peter Oliver,Patrick Macklem,Nathalie Des Rosiers
Publisher : Oxford University Press
Page : 1088 pages
File Size : 55,8 Mb
Release : 2017-08-10
Category : Law
ISBN : 9780190664831

Get Book

The Oxford Handbook of the Canadian Constitution by Peter Oliver,Patrick Macklem,Nathalie Des Rosiers Pdf

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Author : Jernej Letnar Černič
Publisher : Unknown
Page : 0 pages
File Size : 49,9 Mb
Release : 2020-06-30
Category : Economic rights
ISBN : 0367586827

Get Book

Corporate Accountability Under Socio-economic Rights by Jernej Letnar Černič Pdf

This book explores how corporations could effectively respect and protect human rights without compromising their primary business objectives. The book analyses the theoretical foundations and the existing scope and nature of corporate accountability arising from economic and social rights at the international and national levels