Socio Economic Rights
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Socio Economic Human Rights In Essential Public Services Provision
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Author : Marlies Hesselman
language : en
Publisher: Taylor & Francis
Release Date : 2016-11-10
Socio Economic Human Rights In Essential Public Services Provision written by Marlies Hesselman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
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.
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 South Africa
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Author : University of the Western Cape. Community Law Centre
language : en
Publisher:
Release Date : 2007
Socio Economic Rights In South Africa written by University of the Western Cape. Community Law Centre and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Civil rights categories.
Socio Economic Rights
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Author : Sandra Liebenberg
language : en
Publisher: Juta and Company Ltd
Release Date : 2010
Socio Economic Rights written by Sandra Liebenberg and has been published by Juta and Company Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Business & Economics categories.
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.
Vindicating Socio Economic Rights
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Author : Paul O'Connell
language : en
Publisher: Routledge
Release Date : 2012-02-21
Vindicating Socio Economic Rights written by Paul O'Connell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-21 with Law categories.
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.
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.
Poverty And Fundamental Rights
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Author : David Bilchitz
language : en
Publisher: OUP Oxford
Release Date : 2007-02-22
Poverty And Fundamental Rights written by David Bilchitz and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-22 with Law categories.
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.
Socio Economic Rights In South Africa
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Author : Danie Brand
language : en
Publisher: PULP
Release Date : 2005
Socio Economic Rights In South Africa written by Danie Brand and has been published by PULP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Re Thinking Socio Economic Rights In An Insecure World
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Author : Nsongurua Udombana
language : en
Publisher: Central European University Press
Release Date : 2005-01-01
Re Thinking Socio Economic Rights In An Insecure World written by Nsongurua Udombana and has been published by Central European University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Political Science categories.
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?
Exploring The Core Content Of Socio Economic Rights
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Author : Danie Brand
language : en
Publisher: Spotlight Poets
Release Date : 2002
Exploring The Core Content Of Socio Economic Rights written by Danie Brand and has been published by Spotlight Poets this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Art categories.
This book brings together a series of papers and responses to papers presented at a conference on the minimum core content of socio-economic rights in Pretoria, South Africa, during August 2000. The papers aim to describe the minimum core content of different socio-economic rights, first from an international law perspective and then, by way of response from a South African perspective. In the process the normative content of the rights concerned is given flesh: the authors attempt to identify particular obligations that can be said to form the core of rights such as the right to housing, the right to food, the right to education and the rights to social security and assistance. At the same time the concept of a minimum core content, or minimum core obligations of economic and social rights is problematised and the difficulties of using concepts developed within the general and abstract realm of international law in the more particular and concrete context of domestic rights adjudication are explored. This book as a result contains a great deal of practically useful information for use by human rights practitioners, both legal and non-legal. At the same time it provides some critical reflection on that information and the conceptual framework from which it is derived.