Overview

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/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 organizations will also find this an essential guide on mechanisms to advance ESCR as human rights. 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

Full Product Details

Author:   Jackie Dugard ,  Bruce Porter ,  Daniela Ikawa ,  Lilian Chenwi
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781788974165

ISBN 10:   1788974166
Pages:   456
Publication Date:   20 October 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of 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 Sepulveda 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 Bras 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

Reviews

'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

'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

'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, Chair in Human Rights Law, University of Stellenbosch, South Africa

'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

'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, Chair in Human Rights Law, University of Stellenbosch, South Africa

Author Information

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

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