Search Results for "socio-economic-human-rights-in-essential-public-services-provision-human-rights-and-international-law"

Socio-Economic Human Rights in Essential Public Services Provision

Socio-Economic Human Rights in Essential Public Services Provision

  • Author: Marlies Hesselman,Antenor Hallo de Wolf,Brigit Toebes
  • Publisher: Routledge
  • ISBN: 1317209885
  • Category: Law
  • Page: 346
  • View: 6696
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There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.

Extracting Accountability from Non-State Actors in International Law

Extracting Accountability from Non-State Actors in International Law

Assessing the Scope for Direct Regulation

  • Author: Lee James McConnell
  • Publisher: Taylor & Francis
  • ISBN: 1317220579
  • Category: Law
  • Page: 276
  • View: 3065
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The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.

The Effectiveness of the UN Human Rights System

The Effectiveness of the UN Human Rights System

Reform and the Judicialisation of Human Rights

  • Author: Surya P. Subedi, OBE, QC (Hon)
  • Publisher: Taylor & Francis
  • ISBN: 135177896X
  • Category: Law
  • Page: 304
  • View: 3493
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The UN human rights agenda has reached the mature age of 70 years and many UN mechanisms created to implement this agenda are themselves in their middle-age, yet human rights violations are still a daily occurrence around the globe. The scorecard of the UN human rights mechanisms appears impressive in terms of the promotion, spreading of education and engaging States in a dialogue to promote human rights, but when it comes to holding governments to account for violations of these rights, the picture is much more dismal. This book examines the effectiveness of UN mechanisms and suggests measures to reform them in order to create a system that is robust and fit to serve the 21st century. This book casts a critical eye on the rationale and effectiveness of each of the major UN human rights mechanisms, including the Human Rights Council, the human rights treaty bodies, the UN High Commissioner for Human Rights, the UN Special Rapporteurs and other Charter-based bodies. Surya P. Subedi argues most of the UN human rights mechanisms have remained toothless entities and proposes measures to reform and strengthen it by depoliticising the workings of UN human rights mechanisms and judicialising human rights at the international level.

Public Services and International Trade Liberalization

Public Services and International Trade Liberalization

Human Rights and Gender Implications

  • Author: Barnali Choudhury
  • Publisher: Cambridge University Press
  • ISBN: 1107026563
  • Category: Business & Economics
  • Page: 362
  • View: 2460
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This books examines whether public service liberalization poses a threat to gender and human rights?

Economic, Social and Cultural Rights in International Law

Economic, Social and Cultural Rights in International Law

  • Author: Manisuli Ssenyonjo
  • Publisher: Bloomsbury Publishing
  • ISBN: 1509902031
  • Category: Law
  • Page: 800
  • View: 6040
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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.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

  • Author: United Nations
  • Publisher: Aegitas
  • ISBN: 5000641191
  • Category: Law
  • Page: 8
  • View: 7399
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The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly on 10 December 1948 at Palais de Chaillot, Paris. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled.

Economic, Social, and Cultural Rights

Economic, Social, and Cultural Rights

A Legal Resource Guide

  • Author: Scott Leckie,Anne Gallagher
  • Publisher: University of Pennsylvania Press
  • ISBN: 0812205383
  • Category: Law
  • Page: 776
  • View: 6386
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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.

Privatisation and Human Rights in the Age of Globalisation

Privatisation and Human Rights in the Age of Globalisation

  • Author: Felipe Gómez Isa
  • Publisher: Intersentia nv
  • ISBN: 9050954227
  • Category: Law
  • Page: 328
  • View: 7044
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"University of Deusto, Institute of Human Rights Pedro Arrupe; Maastricht Centre for Human Rights."

Economic, Social, and Cultural Rights in Armed Conflict

Economic, Social, and Cultural Rights in Armed Conflict

  • Author: Gilles Giacca
  • Publisher: OUP Oxford
  • ISBN: 0191026913
  • Category: Law
  • Page: 414
  • View: 6389
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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.

Public Policy in International Economic Law

Public Policy in International Economic Law

The ICESCR in Trade, Finance, and Investment

  • Author: Diane Desierto
  • Publisher: OUP Oxford
  • ISBN: 0191026484
  • Category: Law
  • Page: 432
  • View: 4250
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

International Human Rights in Context

International Human Rights in Context

Law, Politics, Morals : Text and Materials

  • Author: Henry J. Steiner,Philip Alston,Ryan Goodman
  • Publisher: Oxford University Press, USA
  • ISBN: 019927942X
  • Category: Law
  • Page: 1492
  • View: 6775
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The third edition of International Human Rights in Context continues to bring sophisticated and thought-provoking analysis to the study of human rights within its wider social and cultural context. This widely acclaimed interdisciplinary coursebook presents a diverse range of carefully edited primary and secondary materials alongside extensive text, editorial commentary, and study questions. Within its conceptual framework, the book thoroughly covers the major topics of internationalhuman rights: the basic characteristics of international law; evolution of the human rights movement movement; civil, political, economic and social rights; the humanitarian laws of war; globalization; self-determination; women's rights; universalism and cultural relativisim; intergovernmental and nongovernmental institutions; implementation and enforcement; internal application of human rights norms; and the spread of constitutionalism. The third edition has been considerably revised and restructured to incoroprate new themes and topics including: human rights in relation to terrorism amd national security; responsibility of nonstate actors for human rights violations; recent substantial changes in sources and processes of international law; achieved and potential reforrm within UN human rights institution; theories about international organizations and their influence on state behavior. Its scope, challenging enquiries, and clarity make it the ideal companion for human rightsstudents, scholars, advocates and practitioners alike. Online Resource Centre The third edition will be accompanied by a new online resource centre which will house the Annex of Documents, allowing them to be updated between editions.

Q & A Revision Guide International Law 2013 and 2014

Q & A Revision Guide International Law 2013 and 2014

  • Author: Susan Breau
  • Publisher: Oxford University Press
  • ISBN: 0199661960
  • Category: Law
  • Page: 264
  • View: 691
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Q&A International Law offers a lifeline to students revising for exams. It provides clear guidance from an experienced examiner on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.

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

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

  • Author: Ellie Palmer
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847313760
  • Category: Law
  • Page: 384
  • View: 3481
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In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.

Poverty, Agency, and Human Rights

Poverty, Agency, and Human Rights

  • Author: Diana Tietjens Meyers
  • Publisher: Oxford University Press
  • ISBN: 0199396906
  • Category: Philosophy
  • Page: 336
  • View: 7366
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Poverty, Agency, and Human Rights collects thirteen new essays that analyze how human agency relates to poverty and human rights respectively as well as how agency mediates issues concerning poverty and social and economic human rights. No other collection of philosophical papers focuses on the diverse ways poverty impacts the agency of the poor, the reasons why poverty alleviation schemes should also promote the agency of beneficiaries, and the fitness of the human rights regime to secure both economic development and free agency. The book is divided into four parts. Part 1 considers the diverse meanings of poverty both from the standpoint of the poor and from that of the relatively well-off. Part 2 examines morally appropriate responses to poverty on the part of persons who are better-off and powerful institutions. Part 3 identifies economic development strategies that secure the agency of the beneficiaries. Part 4 addresses the constraints poverty imposes on agency in the context of biomedical research, migration for work, and trafficking in persons.

Human Rights of Migrants in the 21st Century

Human Rights of Migrants in the 21st Century

  • Author: Elspeth Guild,Stefanie Grant,C. A. Groenendijk
  • Publisher: Routledge
  • ISBN: 1351382799
  • Category: Political Science
  • Page: 96
  • View: 3030
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This book offers an accessible examination of the human rights of migrants in the context of the UN’s negotiations in 2018. This volume has two main contributions. Firstly, it is designed to inform the negotiations on the UN’s Global Compact for Safe, Orderly and Regular Migration announced by the New York Declaration of the UN General Assembly on 19 September 2016. Second, it intends to assist officials, lawyers and academics to ensure that the human rights of migrants are fully respected by state authorities and international organisations and safeguarded by national and supranational courts across the globe. The overall objective of this book is to clarify problem areas which migrants encounter as non-citizens of the state where they are and how international human rights obligations of those states provide solutions. It defines the existing international human rights of migrants and provides the source of States’ obligations. In order to provide a clear and useful guide to the existing human rights of migrants, the volume examines these rights from the perspective of the migrant: what situations do people encounter as their status changes from citizen (in their own country) to migrant (in a foreign state), and how do human rights provide legal entitlements regarding their treatment by a foreign state? This book will be of much interest to students of migration, human rights, international law and international relations.

The Regulatory State

The Regulatory State

Constitutional Implications

  • Author: Dawn Oliver,Tony Prosser,Richard Rawlings
  • Publisher: Oxford University Press, USA
  • ISBN: 0199593175
  • Category: Law
  • Page: 337
  • View: 4153
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This collection of fifteen essays by leading experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters reflect current developments and crises which are significant in many areas of public policy, not only regulation. These include the development of governance in place of government in many policy areas, the emergence of networks of public and private actors, the credit crunch, techniques for countering climate change, the implications for fundamental rights of regulatory arrangements and the development of complex accountability mechanisms designed to promote policy objectives. Constitutional issues discussed in The Regulatory State include regulatory governance, models of economic and social regulation, non-parliamentary rule-making, the UK's devolution arrangements and regulation, the credit crisis, the rationing of common resources, regulation and fundamental rights, the European Competition Network, private law making and European integration, innovative regulator sanctions recently introduced in the UK, the auditing of regulatory reform, and parliamentary oversight and judicial review of regulators. The introductory chapter focuses on testing times for regulation, and the concluding chapter draws ten lessons from the substantive chapters, noting the importance of regulatory diversity, the complexity of networks and relations between regulatory actors and the executive, the new challenges to regulatory habits posed by climate change and the credit crisis, the wider economic and legal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.

Securing Dignity and Freedom Through Human Rights

Securing Dignity and Freedom Through Human Rights

Article 22 of the Universal Declaration of Human Rights

  • Author: Janelle M. Diller
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004209395
  • Category: Law
  • Page: 232
  • View: 5384
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The Universal Declaration of Human Rights establishes that everyone’s dignity and freedom to develop as a person are secured through economic, social and cultural rights. This volume examines the origins of the article of the Declaration that introduced the purpose of economic, social and cultural rights in this way and recognized that every member of society is entitled to their realization through national effort and international cooperation. The article’s concepts have been the subject of significant articulation and interpretation. Accordingly, the book analyzes the meaning and application of economic, social and cultural rights and the nature of the related obligations developed in the International Covenant on Economic, Social, and Cultural Rights and other international instruments. The book also explores the contribution of the article's legal concepts to philosophical theories of social justice and increasingly to the practice expected of States, individually and in cooperation with international organizations and non-state actors in development and other activities. This volume should provide a convenient tool for human rights advocates, practitioners, lawyers, scholars, and others involved with and interested in the role of human rights in seeking economic, social and cultural security for all.

Human Rights: Universal instruments

Human Rights: Universal instruments

  • Author: N.A
  • Publisher: United Nations Publications
  • ISBN: 9789211541441
  • Category: Civil rights
  • Page: 945
  • View: 9264
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Defending Our Dreams

Defending Our Dreams

Global Feminist Voices for a New Generation

  • Author: Shamillah Wilson,Anasuya Sengupta,Kristy Evans
  • Publisher: Zed Books
  • ISBN: 9781842777275
  • Category: Political Science
  • Page: 254
  • View: 6916
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'Highly recommended for feminists, old and young, female and male, of whatever stripe, hue, shape or identity!' - Professor Gita Sen, Indian Institute of Management in Bangalore, India and founding member of DAWN (Development Alternatives with Women for a New Era)'A lively and thought-provoking read. A must for anyone concerned with the future as seen through the wisdom of young women activists today.' - Charlotte Bunch, Founder and Executive Director, Centre for Women's Global Leadership'This book represents the most powerful, eloquent and thought-provoking collection I have seen in a long time.' - Sisonke Msimang, Open Society Initiative for Southern Africa and AIDS activist'This is an exciting book'. - Marysa Navarro, Professor of History, Dartmouth CollegeThe unique experiences, perspectives and visions of young feminists are extremely valuable in both understanding the current world order and in shaping a better future. Young feminists are engaged as advocates, organisers, protesters, researchers and strategists, and their energies, visions, solidarity, creativity and passion are instrumental in defining social movements globally. This pioneering collection brings together analyses by feminists of diverse identities on a range of themes including women's rights and economic change; new technologies; sexuality; and feminist organizations and movements. Most important, this volume:- identifies key issues arising out of the distinct experiences of young women living in both South and North- identifies challenges specific to young feminists, such as the ageing leadership of the movement and new forms of organizing- sets an agenda for a new era of feminist leadership and activism.Defending Our Dreams includes analyses by contributors from Uruguay, Venezuela, South Africa, Tanzania, Nepal, India, Canada, the USA, Australia, Barbados and the UK. This book is essential reading for all those engaged in feminist research, organizing and activism.

The Human Rights Impact of the World Trade Organisation

The Human Rights Impact of the World Trade Organisation

  • Author: James Harrison
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847313744
  • Category: Law
  • Page: 292
  • View: 4636
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This book examines the impact of international trade rules on the promotion and protection of human rights, and explains why human rights are an important mechanism for assessing the social justice impact of the international trading system. The core of the book is an in depth analysis of the various ways in which international trade law rules impact upon human rights protection and promotion, emphasising the significance of the jurisdictional context in which the human rights issues arise: coercive measures that are taken by one country to protect and promote human rights in another country are distinguished from measures taken by a country to protect and promote the human rights of its own population. The author contends that international trade law rules have utilised certain ad hoc mechanisms to deal with particularly pressing human rights concerns in the trade context, but also argues that these mechanisms do not provide systemic solutions to the inter-linkages between the two legal systems. The author therefore examines mechanisms by which human rights arguments could be more systematically raised and adjudicated upon in WTO dispute settlement proceedings, highlighting future opportunities and difficulties. He concludes by considering broader systemic issues outside the dispute settlement process that need to be addressed if trade law rules are to successfully protect and promote human rights.