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Research Handbook on Economic, Social and Cultural Rights as Human Rights

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Research Handbook on Economic, Social and Cultural Rights as Human Rights

9781788974165 Edward Elgar Publishing
Edited by Jackie Dugard, Associate Professor, School of Law, University of the Witwatersrand, Johannesburg, South Africa, Bruce Porter, Executive Director, The Social Rights Advocacy Centre, Canada, Daniela Ikawa, Legal Officer, Open Society Justice Initiative and Adjunct Professor, Columbia University, US and Lilian Chenwi, Professor, School of Law, University of the Witwatersrand, Johannesburg, South Africa
Publication Date: October 2020 ISBN: 978 1 78897 416 5 Extent: c 496 pp
This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge overview of the interaction between 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.

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Critical Acclaim
Contributors
Contents
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This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge overview of the interaction between 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 or 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 advocates, 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 organisations will also find this an essential guide to mechanisms to advance ESCR as human rights.
Critical Acclaim
‘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, Chair in Human Rights Law, University of Stellenbosch, South Africa
Contributors
Contributors include: R. Balakrishnan, J. Bourke-Martignoni, M.V. Bras 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
Bruce Porter, Jackie Dugard, Daniela Ikawa and Lilian Chenwi

SECTION A: THE HUMAN RIGHTS FRAMEWORK FOR ESCR
Chapter 1: The international human rights system
Jackie Dugard

Chapter 2: The International Covenant on Economic, Social and Cultural Rights and the Optional Protocol
Daniela Ikawa

Chapter 3: The African system
Lilian Chenwi

Chapter 4: The European system
Colm O’Cinneide

Chapter 5: The Inter-American system
Viviana Krsticevic

SECTION B: CONTENT OF THE RIGHTS
Chapter 6: The right to social security
Magdalena Sepúlveda

Chapter 7: The right to education
Faranaaz Veriava and Kate Paterson

Chapter 8: The right to food
Joanna Bourke-Martignoni

Chapter 9: The right to health
Alicia Ely Yamin

Chapter 10: The right to adequate housing
Stuart Wilson

Chapter 11: The human rights to water and sanitation
Catarina de Albuquerque and Virginia Roaf

Chapter 12: The right to work and rights at work
Virginia Brás Gomes

SECTION C: CROSS-CUTTING ISSUES
Chapter 13: Unpacking the minimum core and reasonableness standards
Joie Chowdhury

Chapter 14: Progressive realization using maximum available resources: The accountability challenge
Allison Corkery and Ignacio Saiz

Chapter 15: Interdependence of human rights
Bruce Porter

Chapter 16: Advancing economic and social rights through national human rights institutions
Mario Gomez

Chapter 17: Economic policy and human rights
Radhika Balakrishnan and James Heintz

Chapter 18: The 2030 Agenda for Sustainable Development: Opportunity or threat for economic, social and cultural rights?
Kate Donald

Chapter 19: The climate crisis: Litigation and Economic, Social and Cultural Rights
Siri Gloppen and Catalina Vallejo

Index


This title is available for institutional purchase via Elgaronline.

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