Author: Katharine G. Young
Publisher: Cambridge University Press
ISBN: 1108418139
Category : Law
Languages : en
Pages : 711
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Book Description
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Author: Katharine G. Young
Publisher:
ISBN: 9781108406543
Category :
Languages : en
Pages :
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Book Description
Author: Koldo Casla
Publisher: Bloomsbury Publishing
ISBN: 1509951911
Category : Law
Languages : en
Pages : 264
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Book Description
Chile's constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country's constitution. Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process. Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond.
Author: Malcolm Langford
Publisher: Cambridge University Press
ISBN: 1107160219
Category : Law
Languages : en
Pages : 547
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Book Description
This is the first book to map and explain compliance with judgments of social rights across multiple jurisdictions.
Author: Andrea Cornwall
Publisher: Routledge
ISBN: 1317996747
Category : Political Science
Languages : en
Pages : 226
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Book Description
Since the late 1990s, development institutions have increasingly used the language of rights in their policy and practice. This special issue on feminist perspectives on politics of rights explores the strategies, tensions and challenges associated with ‘rights work’ in a variety of settings. Articles on the Middle East, Africa, Latin America, East and South Asia explore the dilemmas that arise for feminist praxis in these diverse locations, and address the question of what rights can contribute to struggles for gender justice. Exploring the intersection of formal rights – whether international human rights conventions, constitutional rights or national legislation – with the everyday realities of women in settings characterized by entrenched gender inequalities and poverty, plural legal systems and cultural norms that can constitute formidable obstacles to realizing rights. The contributors suggest that these sites of struggle can create new possibilities and meanings – and a politics of rights animated by demands for social and gender justice.
Author: Lamprea-Montealegre, Everaldo
Publisher: Edward Elgar Publishing
ISBN: 1800376545
Category : Law
Languages : en
Pages : 232
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Book Description
This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region.
Author: Paul O'Connell
Publisher: Routledge
ISBN: 1136457534
Category : Law
Languages : en
Pages : 291
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Book Description
Notwithstanding the widespread and persistent affirmation of the indivisibility and equal worth of all human rights, socio-economic rights continue to be treated as the "Cinderella" of the human rights corpus. At a domestic level this has resulted in little appetite for the explicit recognition and judicial enforcement of such rights in constitutional democracies. The primary reason for this is the prevalent apprehension that the judicial enforcement of socio-economic rights is fundamentally at variance with the doctrine of the separation of powers. This study, drawing on comparative experiences in a number of jurisdictions which have addressed (in some cases more explicitly than others) the issue of socio-economic rights, seeks to counter this argument by showing that courts can play a substantial role in the vindication of socio-economic rights, while still respecting the relative institutional prerogatives of the elected branches of government. Drawing lessons from experiences in South Africa, India, Canada and Ireland, this study seeks to articulate a "model adjudicative framework" for the protection of socio-economic rights. In this context the overarching concern is to find some role for the courts in vindicating socio-economic rights, while also recognising the importance of the separation of powers and the primary role that the elected branches of government must play in protecting and vindicating such rights. The text incorporates discussion of the likely impact and significance of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and looks at the implications of the Mazibuko decision for the development of South Africa’s socio-economic rights jurisprudence.
Author: Conor Gearty
Publisher: Cambridge University Press
ISBN: 1107495776
Category : Political Science
Languages : en
Pages : 369
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Book Description
Human rights are considered one of the big ideas of the early twenty-first century. This book presents in an authoritative and readable form the variety of platforms on which human rights law is practiced today, reflecting also on the dynamic inter-relationships that exist between these various levels. The collection has a critical edge. The chapters engage with how human rights law has developed in its various subfields, what (if anything) has been achieved and at what cost, in terms of expected or produced unexpected side-effects. The authors pass judgment about the consistency, efficacy and success of human rights law (set against the standards of the field itself or other external goals). Written by world-class academics, this Companion will be essential reading for students and scholars of human rights law.
Author: Gillian Moon
Publisher: Cambridge University Press
ISBN: 1108245307
Category : Law
Languages : en
Pages :
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Book Description
As part of the 1947 General Agreement on Tariffs and Trade (GATT), a compromise on domestic socio-economic issues was struck and subsequently given the name 'embedded liberalism'. The Future of International Economic Integration explores the multiple dimensions of the embedded liberalism compromise, to understand its contemporary influence on both the scope and application of international trade law, and on the content and character of parallel domestic socio-economic policy space. Top international economic law scholars have contributed chapters that look at the four principal dimensions of the topic. It sets out the history and character of the embedded liberalism compromise, explores the relationship between the compromise and WTO law, explores areas of contemporary tension that invoke the principles of the compromise such as human rights, cultural diversity, and environmental protection, and investigates what future impact the compromise might have on new trade and investment agreements.
Author: Chair of Public International Law Nehal Bhuta
Publisher: Oxford University Press
ISBN: 0198901925
Category : Law
Languages : en
Pages : 257
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Book Description
Human Rights in Transition combines rich theoretical reflections with practice-informed observations about human rights to consider the present, the recent and distant past, and the future of human rights.
