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Research Handbook on Economic, Social and Cultural Rights as Human Rights
This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights.
More Information
Critical Acclaim
Contributors
Contents
More Information
This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights.
Expert contributors discuss ESCR-related structures and mechanisms in the international, regional and domestic spheres, and chapters explore the details, interpretations and current developments of each thematic right, illustrating the critical cross-cutting and fault line issues relating to global ESCR. Taking a far-sighted approach, contributors critically assess the failure of dominant human rights paradigms to address ESCR and to create a framework for multilateral responses to emerging global threats, arguing that a robust, reinforced ESCR approach and practice is needed to meet the human rights challenges of the 2020s.
This Research Handbook is a valuable contribution to the human rights field. Providing an overview of ESCR-related systems, cases and challenges around the world, it will be particularly beneficial for practitioners, scholars and students interested in international human rights, as well as to lawyers and judges considering ESCR in the context of domestic law. International and local NGOs and human rights organizations will also find this an essential guide on mechanisms to advance ESCR as human rights.
Expert contributors discuss ESCR-related structures and mechanisms in the international, regional and domestic spheres, and chapters explore the details, interpretations and current developments of each thematic right, illustrating the critical cross-cutting and fault line issues relating to global ESCR. Taking a far-sighted approach, contributors critically assess the failure of dominant human rights paradigms to address ESCR and to create a framework for multilateral responses to emerging global threats, arguing that a robust, reinforced ESCR approach and practice is needed to meet the human rights challenges of the 2020s.
This Research Handbook is a valuable contribution to the human rights field. Providing an overview of ESCR-related systems, cases and challenges around the world, it will be particularly beneficial for practitioners, scholars and students interested in international human rights, as well as to lawyers and judges considering ESCR in the context of domestic law. International and local NGOs and human rights organizations will also find this an essential guide on mechanisms to advance ESCR as human rights.
Critical Acclaim
‘This welcome volume provides a useful, and thoughtful, resource for human rights scholars, students and practitioners of economic, social and cultural rights.’
– Jessie Hohmann, Australian Journal of Human Rights
‘The book addresses the international community as well as all levels of governance. It can complement the teaching of ESCR, offering a great resource and comprehensive overview of the existing legal framework of rights protection. Thus, the book can give new impulses to academic discourse regarding the contemporary challenges emerging from the strategies and approaches to ESCR protection globally, regionally, and domestically.’
– Effrosyni Bakirtzi, European Journal of Social Security
‘Contested and marginalized in legal research, the field of economic, social and cultural rights has experienced a bloom in scholarly attention over the past ten years. With contributions by leading scholars and practitioners, this Research Handbook represents an up-to-date and in-depth analysis of the most salient mechanisms, doctrines and cross-cutting issues in the field. It constitutes an indispensable resource for policy-makers, scholars and advocates interested in the contribution of human rights to the eradication of poverty and inequality.’
– Professor Sandra Liebenberg, HF Oppenheimer Chair in Human Rights Law, University of Stellenbosch, South Africa and Vice President, UN Committee on Economic, Social and Cultural Rights
– Jessie Hohmann, Australian Journal of Human Rights
‘The book addresses the international community as well as all levels of governance. It can complement the teaching of ESCR, offering a great resource and comprehensive overview of the existing legal framework of rights protection. Thus, the book can give new impulses to academic discourse regarding the contemporary challenges emerging from the strategies and approaches to ESCR protection globally, regionally, and domestically.’
– Effrosyni Bakirtzi, European Journal of Social Security
‘Contested and marginalized in legal research, the field of economic, social and cultural rights has experienced a bloom in scholarly attention over the past ten years. With contributions by leading scholars and practitioners, this Research Handbook represents an up-to-date and in-depth analysis of the most salient mechanisms, doctrines and cross-cutting issues in the field. It constitutes an indispensable resource for policy-makers, scholars and advocates interested in the contribution of human rights to the eradication of poverty and inequality.’
– Professor Sandra Liebenberg, HF Oppenheimer Chair in Human Rights Law, University of Stellenbosch, South Africa and Vice President, UN Committee on Economic, Social and Cultural Rights
Contributors
Contributors: R. Balakrishnan, J. Bourke-Martignoni, M.V. Brás Gomes, L. Chenwi, J. Chowdhury, A. Corkery, C. de Albuquerque, K. Donald, J. Dugard, S. Gloppen, M. Gomez, J. Heintz, D. Ikawa, V. Krsticevic, C. O’Cinneide, K. Paterson, B. Porter, V. Roaf, I. Saiz, M. Sepúlveda, C. Vallejo, F. Veriava, S. Wilson, A.E. Yamin
Contents
Contents:
Introduction to the Research Handbook on Economic, Social and Cultural Rights xviii
Bruce Porter, Jackie Dugard, Daniela Ikawa and Lilian Chenwi
PART I THE HUMAN RIGHTS FRAMEWORK FOR ESCR
1 The international human rights system 2
Jackie Dugard
2 The International Covenant on Economic, Social and Cultural Rights and
the Optional Protocol 14
Daniela Ikawa
3 The African system 28
Lilian Chenwi
4 The European system 49
Colm O’Cinneide
5 The Inter-American System 68
Viviana Krsticevic
PART II CONTENT OF THE RIGHTS
6 The right to social security 90
Magdalena Sepúlveda
7 The right to education 114
Faranaaz Veriava and Kate Paterson
8 The right to food 138
Joanna Bourke-Martignoni
9 The right to health 160
Alicia Ely Yamin
10 The right to adequate housing 181
Stuart Wilson
11 The human rights to water and sanitation 203
Catarina de Albuquerque and Virginia Roaf
12 The right to work and rights at work 227
Virginia Brás Gomes
PART III CROSS-CUTTING ISSUES
13 Unpacking the minimum core and reasonableness standards 251
Joie Chowdhury
14 Progressive realization using maximum available resources: the
accountability challenge 276
Allison Corkery and Ignacio Saiz
15 Interdependence of human rights 302
Bruce Porter
16 Advancing economic and social rights through national human rights
institutions: Interdependence of human rights 328
Mario Gomez
17 Economic policy and human rights 351
Radhika Balakrishnan and James Heintz
18 The 2030 Agenda for Sustainable Development: opportunity or threat for
economic, social and cultural rights? 367
Kate Donald
19 The climate crisis: litigation and economic, social and cultural rights 387
Siri Gloppen and Catalina Vallejo
Index
Introduction to the Research Handbook on Economic, Social and Cultural Rights xviii
Bruce Porter, Jackie Dugard, Daniela Ikawa and Lilian Chenwi
PART I THE HUMAN RIGHTS FRAMEWORK FOR ESCR
1 The international human rights system 2
Jackie Dugard
2 The International Covenant on Economic, Social and Cultural Rights and
the Optional Protocol 14
Daniela Ikawa
3 The African system 28
Lilian Chenwi
4 The European system 49
Colm O’Cinneide
5 The Inter-American System 68
Viviana Krsticevic
PART II CONTENT OF THE RIGHTS
6 The right to social security 90
Magdalena Sepúlveda
7 The right to education 114
Faranaaz Veriava and Kate Paterson
8 The right to food 138
Joanna Bourke-Martignoni
9 The right to health 160
Alicia Ely Yamin
10 The right to adequate housing 181
Stuart Wilson
11 The human rights to water and sanitation 203
Catarina de Albuquerque and Virginia Roaf
12 The right to work and rights at work 227
Virginia Brás Gomes
PART III CROSS-CUTTING ISSUES
13 Unpacking the minimum core and reasonableness standards 251
Joie Chowdhury
14 Progressive realization using maximum available resources: the
accountability challenge 276
Allison Corkery and Ignacio Saiz
15 Interdependence of human rights 302
Bruce Porter
16 Advancing economic and social rights through national human rights
institutions: Interdependence of human rights 328
Mario Gomez
17 Economic policy and human rights 351
Radhika Balakrishnan and James Heintz
18 The 2030 Agenda for Sustainable Development: opportunity or threat for
economic, social and cultural rights? 367
Kate Donald
19 The climate crisis: litigation and economic, social and cultural rights 387
Siri Gloppen and Catalina Vallejo
Index
