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economic social and cultural rights: Economic, Social and Cultural Rights Asbjørn Eide, Catarina Krause, Allan Rosas, 2001-06-01 The first edition of this text was a textbook on internationally recognized economic, social and cultural rights. While focusing on this category of rights, it also analyzed their relationships to other human rights, civil and political in particular. This revised edition updates the information. |
economic social and cultural rights: The International Covenant on Economic, Social and Cultural Rights Ben Saul, David Kinley, Jaqueline Mowbray, 2014-03-06 Economic, social and cultural rights are finally coming of age. This book brings together all essential documents, materials, and case law relating to the International Covenant on Economic, Social and Cultural Rights (ICESCR) - one of the most important human rights instruments in international law - and its Optional Protocol. This book presents extracts from primary materials alongside critical commentary and analysis, placing the documents in their wider context and situating economic, social, and cultural rights within the broader human rights framework. There is increasing interest internationally, regionally, and in domestic legal systems in the protection of economic, social, and cultural rights. The Optional Protocol of 2008 allows for individual communications to be made to the UN Committee on Economic, Social and Cultural Rights after its entry into force in 2013. At the regional level, socio-economic rights are well embedded in human rights systems in Europe, Africa and the Americas. At the national level, constitutions and courts have increasingly regarded socio-economic rights as justiciable, narrowing the traditional divide with civil and political rights. This book contextualises these developments in the context of the ICESCR. It provides detailed analysis of the ICESCR structured around its articles, drawing on national as well as international case law and materials, and containing all of the key primary materials in its extensive appendices. This book is indispensible for the judiciary, human rights practitioners, government legal advisers and agencies, national human rights institutions, international organisations, regional human rights bodies, NGOs and human rights activists, academics, and students alike. |
economic social and cultural rights: Research Handbook on Economic, Social and Cultural Rights as Human Rights Jackie Dugard, Bruce Porter, Daniela Ikawa, Lilian Chenwi, 2020-10-30 This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights. |
economic social and cultural rights: Economic, Social, and Cultural Rights in International Law Eibe Riedel, Gilles Giacca, Christophe Golay, 2014-03-13 Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption. |
economic social and cultural rights: Economic, Social and Cultural Rights in International Law Manisuli Ssenyonjo, 2016-10-06 Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights. |
economic social and cultural rights: Giving Meaning to Economic, Social, and Cultural Rights Isfahan Merali, Valerie Oosterveld, 2011-07-07 The Universal Declaration of Human Rights, arguably the founding document of the human rights movement, fully embraces economic, social, and cultural rights, as well as civil and political rights, within its text. However, for most of the fifty years since the Declaration was adopted by the General Assembly of the United Nations, the focus of the international community has been on civil and political rights. This focus has slowly shifted over the past two decades. Recent international human rights treaties—such as the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women—grant equal importance to protecting and advancing nonpolitical rights. In this collection of essays, Isfahan Merali, Valerie Oosterveld, and a team of human rights scholars and activists call for the reintegration of economic, social, and cultural rights into the human rights agenda. The essays are divided into three sections. First the contributors examine traditional conceptualizations of human rights that made their categorization possible and suggest a more holistic rights framework that would dissolve such boundaries. In the second section they discuss how an integrated approach actually produces a more meaningful analysis of individual economic, social, and cultural rights. Finally, the contributors consider how these rights can be monitored and enforced, identifying ways international human rights agencies, NGOs, and states can promote them in the twenty-first century. |
economic social and cultural rights: Economic, Social and Cultural Rights in Action Mashood A. Baderin, Robert McCorquodale, 2007 The protection of economic, social and cultural rights is vital for everyone, no matter where they live. This volume sets out some of the important legal issues about these rights, including who has obligations, when they apply and how they are relevant to contemporary concerns, such as trade and democracy. |
economic social and cultural rights: The International Covenant on Economic, Social, and Cultural Rights Matthew C. R. Craven, 1995 E. Rest and Leisure |
economic social and cultural rights: Economic, Social and Cultural Rights as Human Rights Olivier de Schutter, 2013 This title offers a selection of those major contributions which have shaped debate in the field of economic, social and cultural rights. The broad range of discussion includes: the nature of economic, social and cultural rights and the ability of courts to protect them; the effectiveness of non-judicial protective mechanisms at both the universal and the domestic level; ways of measuring whether states do enough to 'progressively realize' these rights; the impact of trade and investment liberalization, and of economic globalization generally, on the fulfilment of such rights; and the role of economic, social and cultural rights in development. |
economic social and cultural rights: The International Covenant on Economic, Social and Cultural Rights Ben Saul, 2016-12-15 This book is the first collection of the drafting records of the one of the world's two foremost human rights treaties, the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. It makes an important contribution to understanding the origins and meaning of economic and social rights, which were drafted over almost two decades years between 1947 and 1966. There is increasing global interest in the stronger protection of economic, social, and cultural rights, which are vital to the survival, dignity, and prosperity of everyone. Since 2013, individuals have been able to complain to the United Nations about violations of their rights, and action can also often be taken through regional and national human rights procedures. In this context, many of the current debates surrounding economic and social rights can be best understood in the light of their drafting history. This book judiciously selects, and chronologically presents, the most important drafting documents or extracts thereof between 1947 and 1966. The book contains an extensive annotated table of documents, allowing researchers to track the progress of the key rights and issues in the drafting. It also includes an original analytical introductory essay, which summarises and analyses the main procedural and substantive developments during the drafting. The essay charts the many influences on the recognition of economic and social rights at a key moment in history: the aftermath of the Second World War, which demonstrated the need to eliminate the economic and social causes of threats to global peace and security. This book is essential reading for scholars, practitioners, and students of international human rights law. |
economic social and cultural rights: The UN Committee on Economic, Social and Cultural Rights Marco Odello, Francesco Seatzu, 2013 The book concerns the study and analysis of the UN Committee on Economic, Social and Cultural Rights from an international legal perspective, taking into consideration the adoption of the 2008 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR). The volume provides a detailed account of the structure and functioning of the Committee on Economic, Social and Cultural Rights in the light of its jurisprudence, through a study of the Committee’s procedures and practices (periodic reports and general comments), including taking into account the Optional Protocol for individual complaint procedure. The book considers the possible implications of the work of this Committee on other UN Committees, such as the Human Rights Committee and the UN Committee on the Rights of the Child, as well as considering the repercussions of its work on the international protection of fundamental rights, such as the right to education, to health and adequate food. The UN Committee on Economic, Social and Cultural Rightswill be of particular interest to academics and students of International and Human Rights law. |
economic social and cultural rights: Courting Gender Justice Lisa McIntosh Sundstrom, Valerie Sperling, Melike Sayoglu, 2019-02-01 Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights. |
economic social and cultural rights: The Protection of Economic, Social and Cultural Rights in Africa Danwood Mzikenge Chirwa, Lilian Chenwi, 2016-10-20 This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa. |
economic social and cultural rights: The Future of Economic and Social Rights Katharine G. Young, 2019-04-11 Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law. |
economic social and cultural rights: Taking Economic, Social and Cultural Rights Seriously in International Criminal Law Evelyne Schmid, 2015-04-02 Evelyne Schmid demonstrates how violations of economic, social and cultural rights can overlap with international crimes. |
economic social and cultural rights: Economic, Social, and Cultural Rights Scott Leckie, Anne Gallagher, 2011-06-03 In response to a growing global awareness of human poverty and the increasing potential of human rights law as a tool that can be used by the poor to achieve their basic rights, the international body of law, policy and relevant standards on economic, social, and cultural rights has expanded markedly in recent years. Economic, Social, and Cultural Rights: A Legal Resource Guide provides, for the first time, a comprehensive, consolidated source of most major international agreements recognizing economic, social and cultural rights. Readers interested in workers' rights, trade union rights, the right to an adequate standard of living, the right to housing, the right to food, the right to health, the right to education, and the right to culture will find this book a vital source of information on the exact legal sources, definitions, and enforcement possibilities associated with these rights. The guide contains key treaties, declarations, general comments, interpretive texts, and charters. Economic, Social, and Cultural Rights: A Legal Resource Guide is an indispensable reference work for all those working in the field of international human rights law. Lawyers, researchers, governmental civil servants, ministerial officials, NGO staff, United Nations and other international officials, aid agencies, community-based organizations, students, and others will find this consolidated source of materials on economic, social, and cultural rights a useful addition to any reference library. Economic, Social, and Cultural Rights: A Legal Resource Guide is organized in an easy-to-use format and is accessible to both lawyers and nonlawyers. The inclusion of legal, policy, and explanatory standards on economic, social, and cultural rights will enable the reader to know not only the law on these rights but the actual meaning accorded these rights under the law. |
economic social and cultural rights: Culture and Human Rights: The Wroclaw Commentaries Andreas J. Wiesand, Kalliopi Chainoglou, Anna Sledzinska-Simon, 2016-11-07 The WROCLAW COMMENTARIES address legal questions as well as political consequences related to freedom of, and access to, the arts and (old/new) media; questions of religious and language rights; the protection of minorities and other vulnerable groups; safeguarding cultural diversity and heritage; and further pertinent issues. Specialists from all over Europe and the world summarise and comment on core messages of legal instruments, the essence of case-law as well as prevailing and important dissenting opinions in the literature, with the aim of providing a user-friendly tool for the daily needs of decision or law-makers at different juridical, administrative and political levels as well as others working in the field of culture and human rights. |
economic social and cultural rights: Economic, Social, and Cultural Rights in Armed Conflict Gilles Giacca, 2014-10-02 This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application. |
economic social and cultural rights: Contextualising The International Covenant On Economic, Social And Cultural Rights Mary Dowell-Jones, 2004 This work studies the economic foundations of the international covenant on economic, social and cultural rights. It is argued that legal principles alone cannot fully actualise this instrument: only sustained inter-disciplinary elaboration of its guarantees can give this instrument full effect. |
economic social and cultural rights: Social, Economic and Cultural Rights Peter van der Auweraert, 2002 B. The Example of Belgium |
economic social and cultural rights: The Protection of the Right to Education by International Law Klaus Dieter Beiter, 2006 In view of the trend of demoting education from human right to human need, this book seeks to affirm education as a human right and to describe the various state duties flowing from the right to education, by systematically analyzing article 13 of the International Covenant on Economic, Social and Cultural Rights. |
economic social and cultural rights: International Human Rights Law and Destitution Luke D. Graham, 2022-08-18 This book explores destitution from the perspective of international human rights law and, more specifically, economic, social, and cultural rights. The experience of destitution correlates to the non-realisation of a range of economic, social, and cultural rights. However, destitution has not been defined from this perspective. Consequently, the nexus between destitution and the denial of economic, social, and cultural rights remains unrecognised within academia and policy and practice. This book expressly addresses this issue and in so doing renders the nexus between destitution and the non-realisation of these rights visible. The book proposes a new human rights-based definition of destitution, composed of two parts. The rights which must be realised (the component rights) and the level of realisation of these rights which must be met (the destitution threshold) to avoid destitution. This human rights-based understanding of destitution is then applied to a UK case study to highlight the relationship between government policy and destitution, to illustrate how destitution manifests itself, and to make recommendations – founded upon engendering the realisation of economic, social, and cultural rights – aimed towards addressing destitution. This book will have global and cross-sectoral appeal to anti-poverty advocates, policy makers, as well as to researchers, academics and students in the fields of human rights law, poverty studies, and social policy. |
economic social and cultural rights: Cultural Rights in International Law Elsa Stamatopoulou, 2007 Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy. |
economic social and cultural rights: Ethics in Action Daniel A. Bell, Jean-Marc Coicaud, 2006-10-16 This book is the product of a multi-year dialogue between leading human rights theorists and high-level representatives of international human rights NGOs (INGOs). It is divided into three parts that reflect the major ethical challenges discussed at the workshops: the ethical challenges associated with interaction between relatively rich and powerful northern-based human rights INGOs and recipients of their aid in the South; whether and how to collaborate with governments that place severe restrictions on the activities of human rights INGOs; and the tension between expanding the organization's mandate to address more fundamental social and economic problems and restricting it for the sake of focusing on more immediate and clearly identifiable violations of civil and political rights. Each section contains contributions by both theorists and practitioners of human rights. |
economic social and cultural rights: A Re-examination of Economic, Social and Cultural Rights in a Political Society in the Light of the Principle of Human Dignity Getahun A. Mosissa, 2020-10-15 The principal question investigated in this book is what normative justification can be provided for economic, social and cultural rights (ESC rights) guaranteed under international law and how this justification can or should impact the State obligations emerging from these rights. In particular, it seeks to answer whether and in what manner human dignity provides a viable normative justification for ESC rights guaranteed under international law, what kind of concrete legal obligations of the State party flow from these rights, and the way these obligations are reflected in the jurisprudence of international human rights monitoring bodies from across jurisdictions. It also examines the kind of legal obligations the State bears towards vulnerable persons within its jurisdiction. These are questions born out of the current limitations and lack of substantive progress in both the academic debate and practical enforcement of ESC rights. |
economic social and cultural rights: Economic, Social & Cultural Rights in Practice Yash P. Ghai, Interights (Organization), 2004 South Africa is increasingly an attractive place for international investment. Investing in South Africa provides readers with an overview of the investment environment in South Africa, and information on investment opportunities, developments, and foreign direct investment incentives offered by the Department of Trade and Industry (the DTI). It also outlines the support that the DTI offers new investors in South Africa. Through the New Partnership for Africa's Development (NEPAD), priority areas have been identified for Africa--one of which is the development of the private sector as a means to stimulate growth. An important element for investors in South Africa is that it is a gateway to the rest of Africa. Already many South African companies have learned many lessons in tackling the challenges of these markets. This provides a unique opportunity for international firms to draw on their lessons and experience. |
economic social and cultural rights: Core Obligations Sage Russell, 2002 2. History and Norms |
economic social and cultural rights: Economic, Social and Cultural Rights Manisuli Ssenyonjo, 2017-05-15 Economic, Social and Cultural Rights is a collection of seminal papers examining legal, conceptual and practical questions regarding the international legal protection of economic, social and cultural rights. The volume discusses what human rights obligations economic, social and cultural rights entail for states and non-state actors; the nature and scope of substantive economic, social and cultural rights such as education, health, work, water, enjoyment of the benefits of scientific progress, and cultural rights; as well as the justiciability of these rights at an international level and at the national level. The paramount importance of such questions is illustrated, among other things, by the catastrophic situation of economic, social and cultural rights as human rights in developing and developed states. The volume is divided into three main parts which focus on human rights obligations for states and non-state actors arising from treaties protecting economic, social and cultural rights; analysis of selected substantive rights; and finally the justiciability of economic, social and cultural rights in various contexts such as within the United Nations, Europe, Inter-American, and African systems, as well as within the domestic system. |
economic social and cultural rights: The Nature of the Obligations Under the International Covenant on Economic, Social and Cultural Rights María Magdalena Sepúlveda Carmona, 2003 1.2 A new momenttim |
economic social and cultural rights: Beyond the Divide Robert Howse, Ruti G. Teitel, 2007 The legal, institutional and policy cultures of international human rights law and of international trade, financial and investment law have developed largely in isolation from one another. At the same time, as a matter of international law, both the International Covenant on Economic, Social and Economic Rights (ICESCR) and the World Trade Organization (WTO) are, in the first instance, treaty regimes. Treaty norms in the ICESCR have an equal legal status to those in the WTO. A large majority of states are signatories to both the core WTO treaties (the so-called Covered Agreements) and the ICESCR. Reconstructing globalization on the basis of a human rights consciousness, and in particular with a view to fully realizing the vision of the ICESCR is a daunting task, which would need to engage many policy disciplines and many institutions. A short to medium term strategy is needed to identify some fairly precise and specific interconnections between the legal concepts and doctrines in the treaty texts of both regimes. As international lawyers whose collective expertise extends across both regimes, the authors conceive the challenge as a legal question of the interaction of treaty norms. The authors focus on those aspects of economic, social and cultural rights that are most directly linked to human security, a fundamental value also acknowledged in various ways in the WTO Agreements and their interpretation. Accordingly, they examine aspects of the right to work, the right to health and the right to food and the impact of WTO rules and their interpretation.. |
economic social and cultural rights: Closing the Rights Gap LaDawn Haglund, Robin Stryker, 2015-03-21 'Rights' language and practices have been used increasingly in the last decade to address conditions of economic, social, and cultural marginalization. It is still unclear, however, whether such efforts have been effective at promoting transformative social change. Have rights - as embodied in constitutions, statutory and judicial law, international conventions, resolutions, and treaties - fostered demonstrative improvements in the lives of the excluded? When, where, how, and under what conditions? This volume explores these questions through a systematic comparison of the mechanisms, actors, and pathways (MAPs) operating in a diversity of cases, analyzed by established scholars from different disciplinary backgrounds. The MAPs comparative approach provides insights into the conditions under which, and institutions through which, rights 'on the books' are more or less effectively translated into substantive rights realization. We suggest multiple pathways in which litigation may combine with non-legal mechanisms and strategies, including institutionalized and non-institutionalized politics and global and local networks and advocacy. The volume is unique in its synthesis and advancement of parallel issues and debates across different disciplines and geographic regions; it likewise brings into dialogue scholars of economic, social and cultural rights with the scholarship on civil and political rights. These cross-fertilizations allow us to conclude by proposing a series of testable hypotheses about how economic and social rights might be realized, as well as an agenda for future research to broaden and deepen empirical integration and theoretical synthesis in ways that can facilitate human rights realization worldwide.--Provided by publisher. |
economic social and cultural rights: Cultural Rights in International Law and Discourse Stephenson Chow, 2018-01-22 Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity. |
economic social and cultural rights: The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: A Commentary Catarina de Albuquerque, Rebecca Brown, Başak Çalı, Lilian Chenwi, Christian Courtis, Brian Griffey, Viviana Krsticevic, Cheryl Lorens, Malcolm Langford, Bruce Porter, Julieta Rossi, Michael Ashley Stein, Donna Sullivan, Natasha Telson, 2016-12-30 |
economic social and cultural rights: Freedom from Our Social Prisons Anthony George Ravlich, 2008-06-19 The purpose of this book is to provide a belief system to empower people using the democratic system and human rights law. This author contends that neo-liberalism has created a large underclass and has impinged upon the right to development for those who do not fit into the 'neo-liberal square'. Economic, social, and cultural rights, which have been rising in importance within the United Nations and have been denied to many, can be implemented using the core minimum obligations as defined by the General Comments of the United Nations Committee on Economic, Social and Cultural Rights. This will go a long way toward civilizing neo-liberalism. Core minimum obligations such as ensuring basic shelter and housing and essential primary health care only amount to 'top-down' provisions. This book argues that people are most likely to become aware of their human rights if these rights are taught using a more elementary, 'bottom-up' approach. Consequently human rights education should also be regarded as a core minimum obligation especially given that the people of the world have been deliberately kept ignorant of what constitutes basic human rights. Human rights education will enable people to decide through the democratic process whether they want to see economic, social and cultural rights included in domestic human rights law. |
economic social and cultural rights: Economic and Social Justice David A. Shiman, 1999 On December 10, 1998, the world celebrated the 50th anniversary of the United Nations' Universal Declaration of Human Rights (UDHR). The U.S. Constitution possesses many of the political and civil rights articulated in the UDHR. The UDHR, however, goes further than the U.S. Constitution, including many social and economic rights as well. This book addresses the social and economic rights found in Articles 16 and 22 through 27 of the UDHR that are generally not recognized as human rights in the United States. The book begins with a brief history of economic, social, and cultural rights, as well as an essay, in question and answer format, that introduces these rights. Although cultural rights are interrelated and of equal importance as economic and social rights, the book primarily addresses justice regarding economic and social problems. After an introduction, the book is divided into the following parts: (1) Economic, Social, and Cultural Rights Fundamentals; (2) Activities; and (3) Appendices. The nine activities in part 2 aim to help students further explore and learn about social and economic rights. The appendix contains human rights documents, a glossary of terms, a directory of resource organizations, and a bibliography of 80 web sites, publications and referrals to assist those eager to increase their understanding of, and/or move into action to address economic and social rights. (BT) |
economic social and cultural rights: Social and Economic Rights in Ireland Claire-Michelle Smyth, 2017 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. |
economic social and cultural rights: The Universal Declaration of Human Rights , 1978 |
economic social and cultural rights: The Law of International Human Rights Protection Walter Kälin, Jörg Künzli, 2019 The second edition of Kalin and Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. |
economic social and cultural rights: The Fourth Industrial Revolution Klaus Schwab, 2017-01-03 World-renowned economist Klaus Schwab, Founder and Executive Chairman of the World Economic Forum, explains that we have an opportunity to shape the fourth industrial revolution, which will fundamentally alter how we live and work. Schwab argues that this revolution is different in scale, scope and complexity from any that have come before. Characterized by a range of new technologies that are fusing the physical, digital and biological worlds, the developments are affecting all disciplines, economies, industries and governments, and even challenging ideas about what it means to be human. Artificial intelligence is already all around us, from supercomputers, drones and virtual assistants to 3D printing, DNA sequencing, smart thermostats, wearable sensors and microchips smaller than a grain of sand. But this is just the beginning: nanomaterials 200 times stronger than steel and a million times thinner than a strand of hair and the first transplant of a 3D printed liver are already in development. Imagine “smart factories” in which global systems of manufacturing are coordinated virtually, or implantable mobile phones made of biosynthetic materials. The fourth industrial revolution, says Schwab, is more significant, and its ramifications more profound, than in any prior period of human history. He outlines the key technologies driving this revolution and discusses the major impacts expected on government, business, civil society and individuals. Schwab also offers bold ideas on how to harness these changes and shape a better future—one in which technology empowers people rather than replaces them; progress serves society rather than disrupts it; and in which innovators respect moral and ethical boundaries rather than cross them. We all have the opportunity to contribute to developing new frameworks that advance progress. |
economic social and cultural rights: Socio-economic Rights Sandra Liebenberg, 2010 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. |
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Apr 21, 2025 · The Board of Trustees of the World Economic Forum underlines the importance of remaining steadfast in its mission and values as a facilitator of progress. Building on its trusted …
Committee on Economic, Social and Cultural Rights
A. States parties to the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol 1. As at 7 October 2016, the closing date of the fifty-ninth session of the …
Economic, Social and Cultural Rights in the Highlands and …
Scottish Human Rights Commission Economic, Social and Cultural Rights in the Highlands and Islands | 3 Scottish Human Rights Commission Contents 1. Foreword 4 2. Executive Summary …
International Covenant on Economic, Social and Cultural …
determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals. Article 3 The States Parties to the present Covenant undertake to …
Protection of economic, social and cultural rights in conflict
The International Covenant on Economic, Social and Cultural Rights contains no derogation clause, and the Committee on Economic, Social and Cultural Rights has confirmed that the …
Maastricht Principles on Extraterritorial Obligations of States …
6. Economic, social and cultural rights and the corresponding territorial and extraterritorial obligations are contained in the sources of international human rights law, including the …
Maastricht Principles on Extraterritorial Obligations of …
International Covenant on Economic, Social and Cultural Rights (1986) and on the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights (1997). I. General principles …
3. INTERNATIONAL OVENANT ON ECONOMIC SOCIAL AND …
Covenant on Economic, Social and Cultural Rights can in no case impair its right freely to organize its educational system. 4. The Algerian Government interprets the provisions of …
ECONOMIC SOCIAL AND CULTURAL RIGHTS UNDER THE …
Economic, Social and Cultural Rights Under the Constitution 3 dimension and their protection guarantee the individuals a conducive and favourable condition for the promotion of their …
Optional Protocol to the International Covenant on …
Committee on Economic, Social and Cultural Rights (hereinafter referred to as the Committee) to carry out the functions provided for in the present Protocol, Have agreed as follows: Article 1 …
The International Covenant on Economic, Social and …
economic, social and cultural rights, in addition to those concerning civil and political rights. In 1951, the Commission, assisted by representatives of the International Labour Organization, …
MONITORING ECONOMIC, - UN Human Rights Office
Monitoring economic, social and cultural rights also tends to be confused with assessing general trends about basic needs, such as the percentage of those living in extreme poverty or the …
Global Initiative for Economic, Social and Cultural Rights
tection to economic, social and cultural rights and to civil and political rights.” In our world, with rising poverty and inequality, and increasing conflict over resources, economic, social and …
Committee on Economic, Social and Cultural Rights
4. The Economic and Social Council, concerned that existing meeting arrangements for the Committee on Economic, Social and Cultural Rights no longer permit it to fully discharge its …
The OPERA Framework - Center for Economic and Social …
Economic, social and cultural rights have traditionally been referred to as ‘second generation’ rights, a reference to their later conceptual development. ore civil and political rights, such as …
Economic, Social and Cultural Rights and the International …
of human rights,7 the Fund took the position that the questions raised in the elaboration of the 5 UN Economic and Social Council, Co-operation Between the Commission on Human Rights …
Committee on Economic, Social and Cultural Rights
A. States parties to the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol 1. As at 16 October 2020, the closing date of the sixty-eighth session of the …
The Right to Health - UN Human Rights Office
religion, political belief, economic or social condition.” The 1948 Universal Declaration of Human Rights also mentioned health as part of the right to an adequate standard of living (art. 25). …
Fact Sheet No.16 (Rev.1), The Committee on Economic, Social …
Economic, Social and Cultural Rights, as well as the work of the Committee on Economic, Social and Cultural Rights which has been entrusted by the international community with monitoring …
Land and Economic, Social and Cultural Rights
Economic, Social and Cultural Rights (hereinafter: the Covenant), particularly those enshrined in articles 1–3, 11 and 12. Secure and equitable access to land for all helps to eradicate hunger …
International Covenant on Economic, Social and Cultural …
the enjoyment of all economic, social and cultural rights set forth in the present Covenant. Article 4 The States Parties to the present Covenant recognize that, in the enjoyment of those rights ...
Ireland and the International Covenant on Economic, Social …
The previous examination of Ireland by the Committee on Economic, Social and Cultural Rights (‘the Committee’) in 2015 provided a valuable expert assessment of the State’s compliance …
Enforcing the economic, social and cultural rights in the …
ENFORCING THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS 335. pioning rapid political, social and economic reforms. The colonial state had been exploitative, large-scale exploitation …
Human rights for human dignity A primer on economic, …
1. Reclaiming economic, social and cultural rights 7 The origins of economic, social and cultural rights 7 After the Cold War 9 Current challenges 12 2. Economic, social and cultural rights in …
JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL …
International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR), there has been an unjustifiable propensity to prioritise civil and political rights over economic, social and …
International Covenant on Economic, Social and Cultural …
International Covenant on Economic, Social and Cultural Rights. IOC International Olympic Committee. LICO Low-income cut-off . LMAPD Labour Market Agreement for Persons with …
The role of the courts in protecting economic, social and …
between economic, social and cultural rights, on the one hand, and civil and political rights, on the other • To acquaint the participants with the nature of the legal obligations of State parties with …
International Covenant on Economic, Social and Cultural …
human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals. 3 The States Parties to …
Judicial Enforcement of Economic, Social and Cultural Rights
economic, social and cultural rights, as it allows individuals to bring complaints of violations to an independent international body of experts for adjudication. However, important legal, …
The Optional Protocol to the International Covenant on …
Economic, Social and Cultural Rights at the Geneva Academy of International Humanitarian Law and Human Rights (Geneva Academy). The Geneva Academy would like to thank Professor …
Economic, social and cultural rights -some frequently asked …
Jun 28, 2018 · What are economic, social and cultural rights? Economic, social and cultural rights (ESC rights) are human rights1which have a focus on the economic, social and cultural needs …
of Economic, Social and Cultural Rights - JSTOR
economic, social and cultural rights have taken place. 4. It is now undisputed that all human rights are indivisible, interdependent, interrelated and of equal importance for human dignity. …
THE STATE OF ECONOMIC, SOCIAL AND CULTURAL …
Submitted by: Uganda Coalition on Economic, Social and Cultural Rights Contact Name: Allana Kembabazi Contact Phone/Email: +256772480260; allanakembabazi@gmail.com; info@iser …
International Covenant on Economic, Social and Cultural …
to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals. Article 3 The States Parties to the present Covenant undertake to ensure the …
THEMATIC PAPER: ECONOMIC, SOCIAL AND CULTURAL …
2020 REVIEW OF THE UN PEACEBUILDING ARCHITECTURE UN OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS In recent years, OHCHR has promoted the inclusion …
International Indicators and Economic, Social, and Cultural …
Martin Schein in, Economic and Social Rights as Legal Rights, in Economic, Social and Cultural Rights: A Textbook 29, 30 (Asbjorn Eide et al. eds., 2d ed. 2001). Human Rights Quarterly 30 …
Access to Justice for Economic, Social and Cultural Rights
economic, social, and cultural rights (ESC rights) on one hand, and civil and political rights on the other. Under contemporary human rights law, this view is not sustainable. The UN Charter …
COURTS AND THE LEGAL ENFORCEMENT OF ECONOMIC, …
that economic, social and cultural rights cannot be adjudicated and enforced by courts. Bridging this justiciability gap between civil and political rights and economic, social and cultural rights …
Application of the International Covenant on Economic, …
economic, social and cultural rights of the population living in the occupied territories”.15 In its Advisory Opinion on the Legal Consequences of the Con-struction of a Wall in the Occupied …
AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
promote economic, social and cultural rights, such as the Universal Declaration on Human Rights, the International Covenant on Economic, Social and Cultural Rights, International Covenant on …
Political Rights (ICCPR) and Cultural Rights (ICESCR) and the
The International Covenant on Economic, Social, and Cultural Rights (ICESCR) and the. International Covenant on Civil and Political Rights (ICCPR) are the international. human …
Economic, Social, and Cultural Rights Obligations of States …
Economic, Social and Cultural Rights (2020 Update) The Committee on Economic, Social and Cultural Rights (CESCR) is mandated to monitor the implementation of the Inter-national …
International Covenant on Economic, Social and Cultural …
the enjoyment of all economic, social and cultural rights set forth in the present Covenant. Article 4 The States Parties to the present Covenant recognize that, in the enjoyment of those rights ...
International Covenant on Economic, Social and Cultural …
Rights, aiming at the abolition of the death penalty ICERD = United Nations International Convention on the Elimination of All Forms of Racial Discrimination ICESCR = United Nations …
Economic and Social Council - UNHCR
General comment No. 26 (2022) on land and economic, social and cultural rights * I. Introduction 1. Land plays an essential role in the realization of a range of rights under the International …
and Cultural Rights 3. a) Optional Protocol to the …
Committee on Economic, Social and Cultural Rights to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under …
THE ROLE OF THE COURTS IN PROTECTING ECONOMIC, …
as well as economic, social and cultural rights indubitably belong”. It added that “the enjoyment of civic and political freedoms and of economic, social and cultural rights are interconnected and …
Claiming Economic, social & cultural rights - Dullah Omar …
United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR). The CESCR monitors how the International Covenant on Economic, Social and Cultural Rights 1966 …
International Covenant on Economic, Social and Cultural …
Educational, Scientific and Cultural Organization (UNESCO) and the World Health Organization (WHO), completed its draft on economic, social and cultural rights (see report of the …
Economic, Social, Cultural and Environmental Rights of …
Inter-American Commission on Human Rights. Economic, social, cultural, and environmental rights of Persons of African Descent : Inter-American standards to prevent, combat and …
CONSTITUTIONALIZING ECONOMIC AND SOCIAL RIGHTS …
is a summary of some of the objections against economic and social rights: Economic and social rights are ambiguous and cannot give rise to concrete legal claims. They vary depending on …