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

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

Socio-Economic Rights in South Africa

Socio-Economic Rights in South Africa
Author: Malcolm Langford
Publisher: Cambridge University Press
Total Pages: 487
Release: 2014
Genre: Business & Economics
ISBN: 1107021146

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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.

Socio-economic Rights

Socio-economic Rights
Author: Sandra Liebenberg
Publisher: Juta and Company Ltd
Total Pages: 572
Release: 2010
Genre: Business & Economics
ISBN: 9780702184802

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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.

Socio-Economic Human Rights in Essential Public Services Provision

Socio-Economic Human Rights in Essential Public Services Provision
Author: Marlies Hesselman
Publisher: Taylor & Francis
Total Pages: 347
Release: 2016-11-10
Genre: Law
ISBN: 1317209893

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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.

Vindicating Socio-Economic Rights

Vindicating Socio-Economic Rights
Author: Paul O'Connell
Publisher: Routledge
Total Pages: 291
Release: 2012-02-21
Genre: Law
ISBN: 1136457534

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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.

Core Socio-Economic Rights and the European Court of Human Rights

Core Socio-Economic Rights and the European Court of Human Rights
Author: Ingrid Leijten
Publisher: Cambridge University Press
Total Pages: 355
Release: 2018-01-25
Genre: Law
ISBN: 110719847X

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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.

Socio-economic Rights in South Africa

Socio-economic Rights in South Africa
Author: University of the Western Cape. Community Law Centre
Publisher:
Total Pages: 454
Release: 2007
Genre: Civil rights
ISBN: 9781868086344

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Social Rights and the Politics of Obligation in History

Social Rights and the Politics of Obligation in History
Author: Steven L. B. Jensen
Publisher: Cambridge University Press
Total Pages: 351
Release: 2022-01-06
Genre: History
ISBN: 1009020668

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This pioneering volume explores the long-neglected history of social rights, from the Middle Ages to the present. It debunks the myth that social rights are 'second-generation rights' – rights that appeared after World War II as additions to a rights corpus stretching back to the Enlightenment. Not only do social rights stretch back that far; they arguably pre-date the Enlightenment. In tracing their long history across various global contexts, this volume reveals how debates over social rights have often turned on deeper struggles over social obligation – over determining who owes what to whom, morally and legally. In the modern period, these struggles have been intertwined with questions of freedom, democracy, equality and dignity. Many factors have shaped the history of social rights, from class, gender and race to religion, empire and capitalism. With incomparable chronological depth, geographical breadth and conceptual nuance, Social Rights and the Politics of Obligation in History sets an agenda for future histories of human rights.

Judicial Review, Socio-Economic Rights and the Human Rights Act

Judicial Review, Socio-Economic Rights and the Human Rights Act
Author: Ellie Palmer
Publisher: Bloomsbury Publishing
Total Pages: 384
Release: 2007-08-31
Genre: Law
ISBN: 1847313760

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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.

Constituting Economic and Social Rights

Constituting Economic and Social Rights
Author: Katharine G. Young
Publisher: Oxford University Press
Total Pages:
Release: 2012-08-23
Genre: Law
ISBN: 0191639737

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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.