Social And Economic Rights In Theory And Practice
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Social And Economic Rights In Theory And Practice
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Author : Helena Alviar García
language : en
Publisher: Routledge
Release Date : 2014-09-19
Social And Economic Rights In Theory And Practice written by Helena Alviar García and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-19 with Law categories.
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.
Exploring Social Rights
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Author : Daphne Barak-Erez
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-12-19
Exploring Social Rights written by Daphne Barak-Erez and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-19 with Law categories.
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)
The Future Of Economic And Social Rights
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Author : Katharine G. Young
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-11
The Future Of Economic And Social Rights written by Katharine G. Young and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-11 with Law categories.
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Socio Economic Rights In The South African Constitution
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Author : Mandla Seleoane
language : en
Publisher: HSRC Press
Release Date : 2001
Socio Economic Rights In The South African Constitution written by Mandla Seleoane and has been published by HSRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Business & Economics categories.
This publication will assist researchers, students and the public in their understanding of socio-economic rights.
Children S Socio Economic Rights Democracy And The Courts
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Author : Aoife Nolan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-09-15
Children S Socio Economic Rights Democracy And The Courts written by Aoife Nolan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-15 with Law categories.
This book is concerned with children's economic and social rights (sometimes referred to simply as children's social rights). Despite increased academic interest in both children's rights and socio-economic rights over the last two decades, children's social and economic rights remain a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such social rights. Aoife Nolan's book remedies this omission, focussing on the circumstances in which the courts can and should give effect to the social and economic rights of children. The arguments put forward are located within the context of, and develop, long-standing debates in constitutional law, democratic theory and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children's social and economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice. The author brings together and addresses a wide range of issues that have never previously been considered together in book form. These include children's socio-economic rights; children as citizens and their position in relation to democratic decision-making processes; the implications of children and their rights for democratic and constitutional theory; the role of the courts in ensuring the enforcement of children's rights; and the debates surrounding the litigation and adjudication of social and economic rights. This book thus represents a major original contribution to the existing scholarship in a range of areas including human (and specifically social) rights, legal and political theory and constitutional law. 'Children's rights were often thought to be synonymous with economic and social welfare prior to the adoption of the Convention on the Rights of the Child in 1989. Ironically, since that time, remarkably little scholarship has been devoted to the vitally important economic and social rights dimensions of children's rights. Nolan's book singlehandedly remedies that neglect and does so in a sophisticated, nuanced and balanced way. It provides a superb account of the pros and cons of judicial activism in promoting these rights.' Philip Alston, John Norton Pomeroy Professor, NYU Law School 'Thus far the burgeoning literature on the judicial enforcement of socio-economic rights has failed to engage in a sustained, systemic manner with this topic from the perspective of children and the complexity of their status as citizens within contemporary democracies. This book fills this gap and makes a major contribution to the literature in the three interrelated areas of the judicial review of socio-economic rights claims, children's rights, and democratic theory. Nolan navigates skilfully through the dense, but rich literature in these areas as well as relevant international and comparative law. In so doing she illuminates both the pitfalls and potential of resorting to courts in a partial response to the multifaceted and deeply entrenched global phenomenon of child poverty.' Professor Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty. Winner of the Kevin Boyle Book Prize 2012, awarded by the Irish Association of Law Teachers to a book that is deemed to have made an outstanding contribution to the understanding of law.
Social And Economic Rights In Africa
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Author : Nsongurua J. Udombana
language : en
Publisher:
Release Date : 2023
Social And Economic Rights In Africa written by Nsongurua J. Udombana and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with LAW categories.
"Social and economic rights have hitherto been marginalised in mainstream legal and political discourses and treated as second-class citizens in the human rights family. In recent years, these rights are receiving increasing attention in law and politics, arguably because they raise existential questions on human security and dignity. This one-stop volume examines the international and public law perspectives on socio-economic rights in Africa. Working on the premise that these rights are normative and justiciable, the author methodically and expertly examines the legal frameworks for their protection in global, regional, and national instruments, infusing the analysis with African and comparative jurisprudence. In blending theory with practice, the book also reflects on some governance challenges that continue to hobble the effective realisation of socio-economic rights in Africa. It is a seminal contribution on an important field, an ideal companion for human rights practitioners, international and constitutional lawyers, judges, government advisors, students, social workers, and everyone who desires 'freedom from fear and want'"--
Universal Human Rights In Theory And Practice
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Author : Jack Donnelly
language : en
Publisher: Cornell University Press
Release Date : 2003
Universal Human Rights In Theory And Practice written by Jack Donnelly and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
(unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR
Social Rights Jurisprudence
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Author : Malcolm Langford
language : en
Publisher: Cambridge University Press
Release Date : 2008
Social Rights Jurisprudence written by Malcolm Langford and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The book is the most comprehensive in its area and analyses many jurisdictions that have received little attention.
Moral And Political Conceptions Of Human Rights
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Author : Reidar Maliks
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-25
Moral And Political Conceptions Of Human Rights written by Reidar Maliks and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-25 with Law categories.
Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice.
The Justiciability Of Economic Social And Cultural Rights In The African Regional Human Rights System
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Author : Sisay Alemahu Yeshanew
language : en
Publisher:
Release Date : 2013
The Justiciability Of Economic Social And Cultural Rights In The African Regional Human Rights System written by Sisay Alemahu Yeshanew and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with African Charter on Human and People's Rights categories.
No further information has been provided for this title.