Description
Book SynopsisFor several decades, social rights lacked proper recognition in international law, being qualified as aspirational goals rather than rights, and therefore not enjoying the same level of protection or status as other human rights. This comprehensive Research Handbook provides a comparative overview of the history, nature and current status of social rights at the universal and regional level.
Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century's policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights. Offering in-depth discussion of current debates in the field of social rights and international law, expert contributors analyse the ability of these rights to act as a tool to fight inequality, as well as to protect and ensure diversity. In so doing, they examine how social rights now play a central role in the shift from a state-centred to a value-based global order.
This Research Handbook will be a useful resource for students and academics working on social rights in international human rights law and other fields of public international law. It will also be of value to lawyers, NGOs and state officials concerned with the enforcement and implementation of social rights.
Contributors include: V. Bílková, C. Binder, J.P. Bohoslavsky, D.M. Chirwa, A. Constantinides, J. Cortez da Cunha Cruz, E. De Brabandere, M. de Carvalho Hernandez, E. Dermine, M. Dobri , E. Ferrer Mac-Gregor, M. Goldmann, M. Góngora-Mera, J.A. Hofbauer, D. Ikawa, P. Janig, Z. K dzia, A. Kendrick, T. Kleinlein, E. López-Jacoiste, K. Lukas, S. McInerney-Lankford, A. Mkhonza, M. Morales Antoniazzi, A. Müller, Y. Negishi, M. Nowak, K. Olaniyan, L.C. Pautassi, F. Piovesan, E. Schmid, J. Schönsteiner, F. Seatzu, A. Úbeda de Torre, F. Viljoen, R. Wilde, I.T. Winkler
Trade Review'Economic and social rights have for a long time been the wallflowers in international human rights. Fortunately, this seems to be changing. We witness increasing acceptance of social rights as genuine human rights, albeit demanding an open mind, and overcoming many obstacles, in making them effective. Legal and social science literature driving this has grown remarkably in recent years. The Research Handbook now succeeds in integrating these new streams of thinking in a comprehensive, complete and compact way. It is the most efficient and up-to-date tool to acquaint us with the state of the field. As a veteran of the UN efforts to have international social rights taken seriously, I applaud its editors and authors on an achievement that is both academically respectable and useful in practice.' --Bruno Simma, University of Michigan, US and Former Member of the UN Committee on Economic, Social and Cultural Rights
'This Research Handbook, written by recognized experts, presents a timely and much-needed appraisal of the theory and recent practice of social rights in international law. It examines carefully the general aspects of international law and social rights, followed by in-depth studies of universal and regional analyses of the protection of social rights. The Handbook concludes with a series of lucidly written chapters showing the inter-linkages with other international regimes.'
--Eibe Riedel, University of Mannheim, Germany
Table of ContentsContents: Introduction: International Law and Social Rights Christina Binder, Jane A Hofbauer, Flávia Piovesan, Amaya Úbeda de Torres Part 1 General Aspects of International Law and Social Rights 1. Social Rights in International Law: Categorizations versus Indivisibility Manfred Nowak 2. The Nature of Social Rights as Obligations of International Law – Resource Availability, Progressive Realization and the Obligations to Respect, Protect, Fulfil Veronika Bílková 3. Justiciability and Social Rights Amaya Úbeda de Torres 4. Pursuing Global Socio-Economic, Colonial and Environmental Justice through Economic Redistribution: The Potential Significance of Human Rights Treaty Obligations Ralph Wilde Part 2 The Protection of Social Rights in International Human Rights Law A. Universal Protection 5. Social Rights Protection in the ICESCR and its Optional Protocol – The Role of the Committee on Economic, Social and Cultural Rights Zdzisław (Dzidek) Kędzia 6. Social Rights Protection through Core International Human Rights Treaties beyond the ICESCR Thomas Kleinlein B. Regional Protection 7. The European Social Charter Karin Lukas 8. Social Rights in the Jurisprudence of the European Court of Human Rights Eugenia López-Jacoiste 9. The Protection of Social Rights by the Inter-American Commission on Human Rights Rights Flávia Piovesan, Mariela Morales Antoniazzi, Julia Cortez da Cunha Cruz 10. Social Rights in the Jurisprudence of the Inter-American Court of Human Rights Eduardo Ferrer Mac-Gregor 11. Social Rights in the African System for the Protection and Promotion of Human and Peoples’ Rights Frans Viljoen C. Social Rights as a Tool to Fight Inequality and to Protect and Ensure Diversity 12. The Social Rights of African Descendants, with Focus on the Americas Manuel Góngora-Mera 13. Social Rights as Persons with Disabilities’ Rights Francesco Seatzu 14. Stateless Persons and Social Rights Marija Dobrić, Philipp Janig 15. Social Rights of Minorities Aris Constantinides Part 3 The Implementation and Enforcement of Social Rights 16. Monitoring the Implementation of Social Rights through Indicators with Special Focus on the Inter-American Level Laura C Pautassi 17. The Role of Domestic Actors in the Implementation and Enforcement of Social Rights Andreas Th Müller 18. The Role of Civil Society Organizations in the Protection of Social Rights Daniela Ikawa 19. The Proceduralization of Social Rights: Access to Information, Justice and Remedies Yota Negishi Part 4 Crisis and Social Rights / Challenges to Social Rights 20. Austerity Measures and Women’s Social and Economic Rights: We Need to Look Deeper Abby Kendrick, Juan Pablo Bohoslavsky 21. Corporations and Social Rights Judith Schönsteiner 22. The Implications of Corruption on Social Rights Kolawole Olaniyan 23. Social Rights Adjudication and the Future of the Welfare State Elise Dermine 24. Social Rights in Armed Conflict Situations Amrei Müller Part 5 Social Rights in Perspective: Interlinkages with Other International Regimes 25. International Investment Law and Social Rights: Interactions and Encounters Eric De Brabandere 26. Financial Institutions and Social Rights: From Foes to Friends? Matthias Goldmann 27. Social Rights and the Sustainable Development Goals Inga T Winkler, Matheus de Carvalho Hernandez 28. The Environment and Social Rights Danwood Mzikenge Chirwa, Amanda ZT Mkhonza 29. Climate Change and Social Rights: Perspectives on Legal Obligations Siobhán McInerney-Lankford 30. International Criminal Law and Social Rights Evelyne Schmid Index
