social and economic rights in theory and practice critical inquiries routledge research in human rights law

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Social And Economic Rights In Theory And Practice

Author : Helena Alviar García
ISBN : 9781317964438
Genre : Law
File Size : 55. 16 MB
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Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.

Human Rights Education And The Politics Of Knowledge

Author : Joanne Coysh
ISBN : 9781317669616
Genre : Law
File Size : 48. 75 MB
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Around the world there are a myriad of NGOs using human rights education (HRE) as a tool of community empowerment with the firm belief that it will help people improve their lives. One way of understanding these processes is that they translate universal human rights speak using messages and symbols which make them relevant to people’s daily lives and culturally resonant. However, an alternative more radical perspective is that these processes should engage individuals in modes of critical inquiry into the ways that that existing power structures maintain the status quo and control not only how we understand and speak about social inequality and injustice, but also act on it. This book is a critical inquiry into the production, distribution and consumption of HRE and how the discourse is constructed historically, socially and politically through global institutions and local NGO practice. The book begins with the premise that HRE is composed of theories of human rights and education, both of which are complex and multifaceted. However, the book demonstrates how over time a dominant discourse of HRE, constructed by the United Nations institutional framework, has come to prominence and the ways it is reproduced and reinforced through the practice of intermediary NGOs engaged in HRE activities with community groups. Drawing on socio-legal scholarship it offers a new theoretical and political framework for addressing how human rights, pedagogy, knowledge and power can be analysed between the global and local by connecting the critical, but well-trodden, theories of human rights to insights on critical pedagogy. It uses critical discourse analysis and ethnographic research to investigate the practice of NGOs engaged in HRE using contextual evidence and findings from fieldwork with NGOs and communities in Tanzania.

Social Rights In Europe In An Age Of Austerity

Author : Stefano Civitarese Matteucci
ISBN : 9781351791427
Genre : Law
File Size : 66. 93 MB
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This collection of essays examines the promise and limits of social rights in Europe in a time of austerity. Presenting in the first instance five national case studies, representing the biggest European economies (UK, France, Germany, Italy and Spain), it offers an account of recent reforms to social welfare and the attempts to resist them through litigation. The case studies are then used as a foundation for theory-building about social rights. This second group of chapters develops theory along two complementary lines: first, they explore the dynamics between social rights, public law, poverty and welfare in times of economic crisis; second, they consider the particular significance of the European context for articulations of, and struggles over, social rights. Employing a range and depth of expertise across Europe, the book constitutes a timely and highly significant contribution to socio-legal scholarship about the character and resilience of social rights in our national and regional constitutional settings.

War Conflict And Human Rights

Author : Chandra Lekha Sriram
ISBN : 9781351999595
Genre : Law
File Size : 37. 41 MB
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War, Conflict and Human Rights is an innovative inter-disciplinary textbook, combining aspects of law, politics and conflict analysis to examine the relationship between human rights and armed conflict. This third edition has been fully revised and updated, and contains a completely new chapter on business, conflict and human rights. Making use of both theoretical and practical approaches, the authors: examine the tensions and complementarities between protection of human rights and resolution of conflict – the competing political demands and the challenges posed by internal armed conflict and the increasing role of nonstate actors, including corporations, in armed conflicts; explore the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, South Sudan, the Democratic Republic of Congo and the former Yugoslavia; assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, hybrid or internationalized tribunals and the International Criminal Court; discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security, transitional justice and international relations generally.

Socio Economic Human Rights In Essential Public Services Provision

Author : Marlies Hesselman
ISBN : 9781317209881
Genre : Law
File Size : 67. 40 MB
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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.

Research Methods In Human Rights

Author : Lee McConnell
ISBN : 9781317373742
Genre : Law
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Research Methods in Human Rights introduces the reader to key methodological approaches to Human Rights research in a clear and accessible way. Drawing on the expertise of a panel of contributors, the text clearly explains the key theories and methods commonly used in Human Rights research and provides guidance on when each approach is appropriate. It addresses such approaches to Human Rights research as qualitative methods, quantitative analysis, critical ethnography and comparative approaches, supported by a wide range of geographic case studies and with reference to a wide range of subject areas. The book suggests further reading and directs the reader to excellent examples from research outputs of each method in practice. This book is essential reading for students with backgrounds in law as well as political and social sciences who wish to understand more about the methods and ethics of conducting Human Rights research.

Corporate Social Responsibility Human Rights And The Law

Author : Olufemi Amao
ISBN : 9781136715891
Genre : Business & Economics
File Size : 79. 30 MB
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The control of multinational corporations is an area of law that has attracted immense attention both at national and international level. In recognition of the importance of the subject matter, the United Nations Secretary General has appointed a special representative to work in this area. The book discusses the current trend by MNCs to self regulate by employing voluntary corporate social responsibility (CSR) strategy. Olufemi Amao argues that the CSR concept is insufficient to deal with externalities emanating from MNCs’ operations, including human rights violations. Amao maintains that for CSR to be effective, the law must engage with the concept. In particular, he examines how the law can be employed to achieve this goal. While noting that the control of MNCs involves regulation at the international level, it is argued that more emphasis needs to be placed on possibilities at home, in States and host States where there are stronger bases for the control of corporations. This book will be useful to academic scholars, students, policy makers in developing countries, UN, UN Agencies, the African Union and its agencies, the European Union and its agencies and other international policy makers.

Towards The Ethics Of A Green Future Open Access

Author : Marcus Düwell
ISBN : 9781351631648
Genre : Business & Economics
File Size : 55. 81 MB
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What are our obligations towards future generations who stand to be harmed by the impact of today’s environmental crises? This book explores ecological sustainability as a human rights issue and examines what our long-term responsibilities might be. This interdisciplinary collection of chapters provides a basis for understanding the debates on the provision of sustainability for future generations from a diverse set of theoretical standpoints. Covering a broad range of perspectives such as risk and uncertainty, legal implementation, representation, motivation and economics, Towards the Ethics of a Green Future sets out the key questions involved in this complex ethical issue. The contributors bring theoretical discussions to life through the use of case studies and real-world examples. The book also includes clear and tangible recommendations for policymakers on how to put the suggestions proposed within the book into practice. This book will be of great interest to all researchers and students concerned with issues of sustainability and human rights, as well as scholars of environmental politics, law and ethics more generally.

Handbook Of Human Rights

Author : Thomas Cushman
ISBN : 9781134019076
Genre : Philosophy
File Size : 43. 7 MB
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In mapping out the field of human rights for those studying and researching within both humanities and social science disciplines, the Handbook of Human Rights not only provides a solid foundation for the reader who wants to learn the basic parameters of the field, but also promotes new thinking and frameworks for the study of human rights in the twenty-first century. The Handbook comprises over sixty individual contributions from key figures around the world, which are grouped according to eight key areas of discussion: foundations and critiques; new frameworks for understanding human rights; world religious traditions and human rights; social, economic, group, and collective rights; critical perspectives on human rights organizations, institutions, and practices; law and human rights; narrative and aesthetic dimension of rights; geographies of rights. In its presentation and analysis of the traditional core history and topics, critical perspectives, human rights culture, and current practice, this Handbook proves a valuable resource for all students and researchers with an interest in human rights.

Disability Rights Monitoring And Social Change

Author : Marcia H. Rioux
ISBN : 9781551307411
Genre : Human rights monitoring
File Size : 30. 20 MB
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The 2006 United Nations Convention on the Rights of Persons with Disabilities has provided a significant catalyst and a legal mandate for disability rights monitoring, and discussions on disability rights are breaking new ground across disciplines. Disability, Rights Monitoring, and Social Change is an important and timely collection that explores and challenges the ways in which disability rights are monitored. The contributors to this edited volume range from grassroots activists to international scholars and United Nations advisors. The chapters address the current theoretical, methodological, and practical issues surrounding disability rights monitoring and offer a detailed look at law and policy reforms, best practices, and holistic methods. This unique compilation crosses the divide between the global South and North and explores the complex issues of intersectionality that arise for women with disabilities, Indigenous peoples with disabilities, and people with diverse disabilities. Its participatory methodology--calling for the inclusion of people with disabilities in processes that involve them--and its local and international perspective make this book a critical contribution to the fields of rights monitoring and disability studies. Appropriate for courses on disability, human rights, social justice, policy, and advocacy, this volume serves as a guide and learning tool for anyone interested in disability rights monitoring and, more generally, the effective practice of monitoring human rights.

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