The International Covenant on Economic, Social and Cultural Rights

Cases, Materials, and Commentary

Author: Ben Saul,David Kinley,Jaqueline Mowbray

Publisher: Oxford University Press

ISBN: 0199640300

Category: Law

Page: 1092

View: 7370

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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.

The International Covenant on Civil and Political Rights

Cases, Materials, and Commentary

Author: Sarah Joseph,Melissa Castan

Publisher: OUP Oxford

ISBN: 0191650234

Category: Law

Page: 1042

View: 9520

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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.

Economic, Social and Cultural Rights in International Law

Author: Manisuli Ssenyonjo

Publisher: Bloomsbury Publishing

ISBN: 1509902031

Category: Law

Page: 800

View: 7518

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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.

International Human Rights Law

Cases, Materials, Commentary

Author: Olivier De Schutter

Publisher: Cambridge University Press

ISBN: 1107063752

Category: Law

Page: 1124

View: 8417

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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.

Economic, Social and Cultural Rights in International Law

Author: Manisuli Ssenyonjo

Publisher: Bloomsbury Publishing

ISBN: 1509902031

Category: Law

Page: 800

View: 5520

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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.

Cultural Heritage, Cultural Rights, Cultural Diversity

New Developments in International Law

Author: Silvia Borelli,Federico Lenzerini

Publisher: Martinus Nijhoff Publishers

ISBN: 900422839X

Category: Law

Page: 440

View: 6962

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This volume explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples.

International Human Rights

Author: Philip Alston,Ryan Goodman

Publisher: Oxford University Press

ISBN: 0199578729

Category: Law

Page: 1580

View: 7788

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"The successor to International human rights in context: law, politics and morals."

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: 2053

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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.

The International Covenant on Economic, Social and Cultural Rights

Travaux Preparatoires

Author: Ben Saul

Publisher: Oxford University Press

ISBN: 0191074977

Category: Law

Page: N.A

View: 9274

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This book is the first collection of the drafting records of the one of the world's two foremost human rights treaties, the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. It makes an important contribution to understanding the origins and meaning of economic and social rights, which were drafted over almost two decades years between 1947 and 1966. There is increasing global interest in the stronger protection of economic, social, and cultural rights, which are vital to the survival, dignity, and prosperity of everyone. Since 2013, individuals have been able to complain to the United Nations about violations of their rights, and action can also often be taken through regional and national human rights procedures. In this context, many of the current debates surrounding economic and social rights can be best understood in the light of their drafting history. This book judiciously selects, and chronologically presents, the most important drafting documents or extracts thereof between 1947 and 1966. The book contains an extensive annotated table of documents, allowing researchers to track the progress of the key rights and issues in the drafting. It also includes an original analytical introductory essay, which summarises and analyses the main procedural and substantive developments during the drafting. The essay charts the many influences on the recognition of economic and social rights at a key moment in history: the aftermath of the Second World War, which demonstrated the need to eliminate the economic and social causes of threats to global peace and security. This book is essential reading for scholars, practitioners, and students of international human rights law.

Human Rights Obligations of Business

Beyond the Corporate Responsibility to Respect?

Author: Surya Deva,David Bilchitz

Publisher: Cambridge University Press

ISBN: 1107036879

Category: Business & Economics

Page: 452

View: 4175

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This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.

The Universal Declaration of Human Rights in the 21st Century

A Living Document in a Changing World

Author: Gordon Brown

Publisher: Open Book Publishers

ISBN: 1783742216

Category: Political Science

Page: 146

View: 3894

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The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.

The International Covenant on Economic, Social, and Cultural Rights

A Perspective on Its Development

Author: Matthew C. R. Craven

Publisher: Oxford University Press

ISBN: 0198267886

Category: Law

Page: 413

View: 6107

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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.

The UN Convention on the Elimination of All Forms of Discrimination Against Women

A Commentary

Author: Marsha A. Freeman,Beate Rudolf,Christine Chinkin

Publisher: Oxford University Press

ISBN: 0199565066

Category: Law

Page: 731

View: 9133

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This is the first commentary on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), analyzing the Convention article by article. Each chapter provides an overview of an article's negotiating history, interpretation, and all the relevant case law, including decisions and recommendations by the CEDAW Committee.

OSCOLA

Oxford University Standard for the Citation of Legal Authorities

Author: University of Oxford. Faculty of Law

Publisher: Hart Pub Limited

ISBN: 9781849463676

Category: Law

Page: 54

View: 6083

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There are two golden rules for the citation of legal authorities. One is consistency. The other is consideration for the reader. Legal writing is more persuasive when the author refers to legal materials in a clear, consistent and familiar way. The Oxford University Standard for Citation of Legal Authorities (OSCOLA) helps authors to achieve consistency in citing cases, legislation and secondary sources. And it helps authors to make life easier for their readers.OSCOLA is widely used by law schools and legal publishers both in the United Kingdom and abroad. This latest revision of OSCOLA (the fourth edition) is the first to be published in hard copy, and provides more detailed coverage of both primary and secondary legal sources.The editors are Donal Nolan and Sandra Meredith.Shortlisted for the Halsbury Legal Awards 2013 in the Award for Academic Contribution category.

Freedom from Want

The Human Right to Adequate Food

Author: George Kent

Publisher: Georgetown University Press

ISBN: 9781589013254

Category: Political Science

Page: 290

View: 8169

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There is, literally, a world of difference between the statements "Everyone should have adequate food," and "Everyone has the right to adequate food." In George Kent's view, the lofty rhetoric of the first statement will not be fulfilled until we take the second statement seriously. Kent sees hunger as a deeply political problem. Too many people do not have adequate control over local resources and cannot create the circumstances that would allow them to do meaningful, productive work and provide for themselves. The human right to an adequate livelihood, including the human right to adequate food, needs to be implemented worldwide in a systematic way. Freedom from Want makes it clear that feeding people will not solve the problem of hunger, for feeding programs can only be a short-term treatment of a symptom, not a cure. The real solution lies in empowering the poor. Governments, in particular, must ensure that their people face enabling conditions that allow citizens to provide for themselves. In a wider sense, Kent brings an understanding of human rights as a universal system, applicable to all nations on a global scale. If, as Kent argues, everyone has a human right to adequate food, it follows that those who can empower the poor have a duty to see that right implemented, and the obligation to be held morally and legally accountable, for seeing that that right is realized for everyone, everywhere.

Women's Human Rights

The International and Comparative Law Casebook

Author: Susan Deller Ross

Publisher: University of Pennsylvania Press

ISBN: 0812200020

Category: Law

Page: 704

View: 7045

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According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.

UN Human Rights Treaty Bodies

Law and Legitimacy

Author: Helen Keller,Geir Ulfstein,Leena Grover

Publisher: Cambridge University Press

ISBN: 1107006546

Category: Law

Page: 461

View: 9809

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Analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.