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Comparative human rights law
Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.-- Source other than Library of Congress.
Book
Judging Social Rights
Countries that now contemplate constitutional reform often grapple with the question of whether to constitutionalise social rights. This book presents an argument for why, under the right conditions, doing so can be a good way to advance social justice. In making such a case, the author considers the nature of the social minimum, the role of courts among other institutions, the empirical record of judicial impact, and the role of constitutional text. He argues, however, that when enforcing such rights, judges ought to adopt a theory of judicial restraint structured around four principles: democratic legitimacy, polycentricity, expertise and flexibility. These four principles, when taken collectively, commend an incrementalist approach to adjudication. The book combines theoretical, doctrinal, empirical and comparative analysis, and is written to be accessible to lawyers, social scientists, political theorists and human rights advocates.
eBook
Human Rights, Remedy, and Everyday Geographies of Injustice: Perspectives from a Participatory Action Research Project
This article contributes to literature on economic and social rights by examining how everyday places and spaces translate structural inequalities into individualized violations of international norms. Drawing on data from a participatory action research project in New York called The Legal Disruption Project (LDP), it argues for new models of knowledge production that bridge gaps between the experiences of marginalized populations and human rights practitioners. The LDP demonstrates how centering the voices of affected communities can contribute substantive insights to effective remedies for human rights violations. In particular, the article suggests potential for explicitly spatial remedies defined through participatory processes of community engagement.
Journal Article
Indivisible Human Rights
Human rights activists frequently claim that human rights are indivisible, and the United Nations has declared the indivisibility, interdependency, and interrelatedness of these rights to be beyond dispute. Yet in practice a significant divide remains between the two grand categories of human rights: civil and political rights, on the one hand, and economic, social, and cultural rights on the other. To date, few scholars have critically examined how the notion of indivisibility has shaped the complex relationship between these two sets of rights. InIndivisible Human Rights, Daniel J. Whelan offers a carefully crafted account of the rhetoric of indivisibility. Whelan traces the political and historical development of the concept, which originated in the contentious debates surrounding the translation of the Universal Declaration of Human Rights into binding treaty law as two separate Covenants on Human Rights. In the 1960s and 1970s, Whelan demonstrates, postcolonial states employed a revisionist rhetoric of indivisibility to elevate economic and social rights over civil and political rights, eventually resulting in the declaration of a right to development. By the 1990s, the rhetoric of indivisibility had shifted to emphasize restoration of the fundamental unity of human rights and reaffirm the obligation of states to uphold both major human rights categories-thus opening the door to charges of violations resulting from underdevelopment and poverty. AsIndivisible Human Rightsillustrates, the rhetoric of indivisibility has frequently been used to further political ends that have little to do with promoting the rights of the individual. Drawing on scores of original documents, many of them long forgotten, Whelan lets the players in this drama speak for themselves, revealing the conflicts and compromises behind a half century of human rights discourse.Indivisible Human Rightswill be welcomed by scholars and practitioners seeking a deeper understanding of the complexities surrounding the realization of human rights.
eBook
Civic self-respect
\"As federal judge Learned Hand said in 1944, \"Liberty lies in the hearts of men and women.\" Neither the laws, the courts nor other related institutions can be saved without the underlying exercise of the democratic spirit by the people. Civic Self-Respect argues for civic engagement, where citizens flex the muscles of ownership of our democracy, reminding us that our elected officials work for us-not the other way around-that the public airwaves and public lands are owned by the people, and that speaking your mind to your neighbors and friends can be the start of a movement. In this small volume, Ralph Nader, whose impact on consumer protection and citizen empowerment has been greater than any other American in the last century, goes to the roots of democracy in the people and to our active roles in creating and sustaining citizen action, as workers, taxpayers, consumers, public servants and parents. In all these roles we may find our power and civic self-respect\"-- Provided by publisher.
BOOK
Regional Disparities in Spanish Social Services: An Empirical Assessment Through the European Pillar of Social Rights
Our study aims to develop the set of key indicators proposed by the European Pillar of Social Rights (EPSR) Action Plan for Spain’s 17 autonomous regions, presenting results for the year 2023. Additionally, the article examines whether significant regional differences exist among the Action Plan’s main indicators, controlling the level of development of the public social services system in each autonomous community. An indicator framework was constructed for each of the 17 Spanish autonomous communities (units of analysis), including (a) the intensity of protection provided by public social services, measured through the Social Services Development Index, and (b) the three main dimensions of the EPSR, assessed through 17 variables. Data sources for these indicators were drawn from official Spanish institutions as well as social organizations. The statistical analysis model employed a combination of parametric and non‐parametric procedures to ensure methodological robustness and data triangulation. Results indicate that lifelong learning and employment rates in Spanish regions remain below the European targets set for 2030. Conversely, digital skills among the adult population and the percentage of young people not in employment, education, or training (NEET) have either surpassed or are close to European standards. The study concludes that regions with a “strong” public social services system exhibit significantly lower risks of poverty and social exclusion among the general population, as well as expanded opportunities for young people.
Journal Article
Economic and Social Rights Law
This book develops principles of adjudication to facilitate accountability for violations of Economic and Social Rights.
Economic and Social Rights engage with areas relating to social justice and their violation tends to impact on the most vulnerable members of society. Taking the UK as a case study, the book draws on international experience and comparative practice, including progressive reform at the devolved subnational level, that demonstrate the potential reach of Economic and Social Rights when the rights are given legal standing in domestic settings according to their status in international law. The work looks at different models of incorporation of rights into domestic law and sets out existing justiciability mechanisms for their enforcement as well as future models open to development. In so doing the book develops principles of adjudication drawn from deliberative democracy theory that help address some of the critiques of social rights adjudication.
This book will have a global and cross-sectoral appeal to legal practitioners, the judiciary and the civil services, as well as to researchers, academics and students in the fields of human rights law, comparative constitutional law and deliberative democracy theory.
eBook