Transitional Justice And Economic Social And Cultural Rights
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Transitional Justice And Economic Social And Cultural Rights
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Author :
language : en
Publisher:
Release Date : 2014
Transitional Justice And Economic Social And Cultural Rights written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Human rights categories.
Introduction -- Conceptual framework -- Addressing economic, social and cultural rights in societies in transition -- Conclusions
Transitional Justice And Economic Social And Cultural Rights
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Author : United Nations. Office of the High Commissioner for Human Rights
language : en
Publisher:
Release Date : 2014
Transitional Justice And Economic Social And Cultural Rights written by United Nations. Office of the High Commissioner for Human Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Political Science categories.
The failure to fulfil economic, social and cultural rights and the outright violation of these rights are often at the root of conflict. Furthermore, the actions and omissions by States and non-State actors during conflict can also amount to violations of economic, social and cultural rights, and particularly affect the most vulnerable. Yet, there has been no widespread move in transitional justice processes to examine the root causes of the conflict or to look into violations of economic, social and cultural rights. The Office of the United Nations High Commissioner for Human Rights has explored in greater depth the ways in which transitional justice processes have addressed or could address violations of economic, social and cultural rights. This publication presents the outcome of that work.
Economic Social And Cultural Rights
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Author : Eibe Riedel
language : en
Publisher: Oxford University Press
Release Date : 2014-03
Economic Social And Cultural Rights written by Eibe Riedel and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03 with Law categories.
Economic, social, and cultural rights are protected by an international covenant, recently amended by the optional protocol which allows individuals to bring rights violations before a UN committee. This book addresses how successfully these rights are implemented and safeguarded worldwide, assessing the key challenges to their protection.
Taking Economic Social And Cultural Rights Seriously In International Criminal Law
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Author : Evelyne Schmid
language : en
Publisher:
Release Date : 2015
Taking Economic Social And Cultural Rights Seriously In International Criminal Law written by Evelyne Schmid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Crimes against humanity categories.
"Is the neglect of economic, social and cultural abuses in international criminal law a problem of positive international law or the result of choices made by lawyers involved in mechanisms such as criminal prosecutions or truth commissions? Evelyne Schmid explores this question via an assessment of the relationship between violations of economic, social and cultural rights and international crimes. Based on a thorough examination of the elements of international crimes, she demonstrates how a situation can simultaneously be described as a violation of economic, social and cultural rights and as an international crime. Against the background of the emerging debates on selectivity in international criminal law and the role of socio-economic and cultural abuses in transitional justice, she argues that international crimes overlapping with violations of economic, social and cultural rights deserve to be taken seriously, for much the same reasons as other international crimes"--
Transitional Justice Corporate Accountability And Socio Economic Rights
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Author : Laura García Martín
language : en
Publisher: Routledge
Release Date : 2019-07-25
Transitional Justice Corporate Accountability And Socio Economic Rights written by Laura García Martín and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-25 with Business & Economics categories.
This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.
Transitional Justice And Socio Economic Rights In Zimbabwe
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Author : Prosper Maguchu
language : en
Publisher: Springer
Release Date : 2019-07-26
Transitional Justice And Socio Economic Rights In Zimbabwe written by Prosper Maguchu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-26 with Law categories.
This book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwe’s widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. Due to this, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the new government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands.
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)
Justice And Economic Violence In Transition
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Author : Dustin N. Sharp
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-09-14
Justice And Economic Violence In Transition written by Dustin N. Sharp and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-14 with Psychology categories.
This book examines the role of economic violence (violations of economic and social rights, corruption, and plunder of natural resources) within the transitional justice agenda. Because economic violence often leads to conflict, is perpetrated during conflict, and continues afterwards as a legacy of conflict, a greater focus on economic and social rights issues in the transitional justice context is critical. One might add that insofar as transitional justice is increasingly seen as an instrument of peacebuilding rather than a simple political transition, focus on economic violence as the crucial “root cause” is key to preventing re-lapse into conflict. Recent increasing attention to economic issues by academics and truth commissions suggest this may be slowly changing, and that economic and social rights may represent the “next frontier” of transitional justice concerns. There remain difficult questions that have yet to be worked out at the level of theory, policy, and practice. Further scholarship in this regard is both timely, and necessary. This volume therefore presents an opportunity to fill an important gap. The project will bring together new papers by recognized and emerging scholars and policy experts in the field.
Justice And Economic Violence In Transition
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Author : Dustin N. Sharp
language : en
Publisher: Springer
Release Date : 2013-09-14
Justice And Economic Violence In Transition written by Dustin N. Sharp and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-14 with Psychology categories.
This book examines the role of economic violence (violations of economic and social rights, corruption, and plunder of natural resources) within the transitional justice agenda. Because economic violence often leads to conflict, is perpetrated during conflict, and continues afterwards as a legacy of conflict, a greater focus on economic and social rights issues in the transitional justice context is critical. One might add that insofar as transitional justice is increasingly seen as an instrument of peacebuilding rather than a simple political transition, focus on economic violence as the crucial “root cause” is key to preventing re-lapse into conflict. Recent increasing attention to economic issues by academics and truth commissions suggest this may be slowly changing, and that economic and social rights may represent the “next frontier” of transitional justice concerns. There remain difficult questions that have yet to be worked out at the level of theory, policy, and practice. Further scholarship in this regard is both timely, and necessary. This volume therefore presents an opportunity to fill an important gap. The project will bring together new papers by recognized and emerging scholars and policy experts in the field.
Business Human Rights And Transitional Justice
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Author : Irene Pietropaoli
language : en
Publisher: Routledge
Release Date : 2020-05-07
Business Human Rights And Transitional Justice written by Irene Pietropaoli and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-07 with Business & Economics categories.
This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.