THE INTERNATIONAL COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS COMMENTARY CASES AND MATERIALS

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The International Covenant On Economic Social And Cultural Rights

Author : Ben Saul
ISBN : 9780199640300
Genre : Law
File Size : 88.60 MB
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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.
Category: Law

The International Covenant On Civil And Political Rights

Author : Sarah Joseph
ISBN : 9780191650239
Genre : Law
File Size : 77.70 MB
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Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Category: Law

International Human Rights Law

Author : Olivier De Schutter
ISBN : 9781107063754
Genre : Law
File Size : 33.35 MB
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Fully updated edition offers coverage of new topics and a more student-friendly design, while retaining the original style and features.
Category: Law

Economic Social And Cultural Rights In International Law

Author : Manisuli Ssenyonjo
ISBN : 9781509900831
Genre : Law
File Size : 41.65 MB
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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.
Category: Law

Public Policy In International Economic Law

Author : Diane Desierto
ISBN : 9780191026485
Genre : Law
File Size : 88.81 MB
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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.
Category: Law

The Oxford Handbook Of International Human Rights Law

Author : Dinah Shelton
ISBN : 9780199640133
Genre : Law
File Size : 80.21 MB
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The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.
Category: Law

Constituting Economic And Social Rights

Author : Katharine G. Young
ISBN : 9780199641932
Genre : Law
File Size : 23.39 MB
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This book will appeal to are range of constitutional and public legal scholars and practitioners, and will appeal to both audiences of human rights practice, and those following legal theory. First, the book presents a breakthrough in constitutional argument about economic and social rights, long debated in constitutional rights scholarship and public law. It provides an important collection of comparative developments, new analytical constructs, and contemporarydevelopments in rights theory. Second, the book draws on comparative constitutional law to inform and develop debates in international human rights law. This audience will learn how new approaches to interpretation, enforcement, adjudication, justiciability, and deliberation, may advanceinternational and transnational human rights advocacy, argument and reasoning. Third, the book informs the interdisciplinary debates of food, health care, housing, education and water law.
Category: Law

The International Covenant On Economic Social And Cultural Rights

Author : Matthew C. R. Craven
ISBN : 9780198267881
Genre : Law
File Size : 87.10 MB
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Despite their formal legal recognition in a number of international instruments since 1945, economic, social and cultural rights have long been marginalised and ignored as a category of human rights. This is particularly apparent with respect to the International Covenant on Economic, Social and Cultural Rights (ICESCR), which was intended to form part of the `International Bill of Rights' alongside its sister covenant `The International Covenant on Civil and Political Rights'. This studyrepresents the first detailed examination of the origins and development of the ICESCR, drawing in particular upon the work of the United Nations Committee on Economic, Social and Cultural Rights. The author addresses in detail particular aspects of the Covenant such as the role of the Committee in the supervision process, the nature of state obligations, the principle of non-discrimination, and the rights to work, to join and form Trade Unions, to housing, and to food. This original andscholarly work offers a timely examination of an increasingly significant human rights instrument, and will be of value to all those interested in Human Rights and International Law.
Category: Law