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Research Handbook on International Law and Social Rights
This comprehensive Research Handbook offers a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights.
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Critical Acclaim
Contributors
Contents
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For several decades, social rights lacked proper recognition in international law, being qualified as aspirational goals rather than rights, and therefore not enjoying the same level of protection or status as other human rights. This comprehensive Research Handbook provides a comparative overview of the history, nature and current status of social rights at the universal and regional level.
Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights. Offering in-depth discussion of current debates in the field of social rights and international law, expert contributors analyse the ability of these rights to act as a tool to fight inequality, as well as to protect and ensure diversity. In so doing, they examine how social rights now play a central role in the shift from a state-centred to a value-based global order.
This Research Handbook will be a useful resource for students and academics working on social rights in international human rights law and other fields of public international law. It will also be of value to lawyers, NGOs and state officials concerned with the enforcement and implementation of social rights.
Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights. Offering in-depth discussion of current debates in the field of social rights and international law, expert contributors analyse the ability of these rights to act as a tool to fight inequality, as well as to protect and ensure diversity. In so doing, they examine how social rights now play a central role in the shift from a state-centred to a value-based global order.
This Research Handbook will be a useful resource for students and academics working on social rights in international human rights law and other fields of public international law. It will also be of value to lawyers, NGOs and state officials concerned with the enforcement and implementation of social rights.
Critical Acclaim
‘Economic and social rights have for a long time been the wallflowers in international human rights. Fortunately, this seems to be changing. We witness increasing acceptance of social rights as genuine human rights, albeit demanding an open mind, and overcoming many obstacles, in making them effective. Legal and social science literature driving this has grown remarkably in recent years. The Research Handbook now succeeds in integrating these new streams of thinking in a comprehensive, complete and compact way. It is the most efficient and up-to-date tool to acquaint us with the state of the field. As a veteran of the UN efforts to have international social rights taken seriously, I applaud its editors and authors on an achievement that is both academically respectable and useful in practice.’
– Bruno Simma, University of Michigan, US and Former Member of the UN Committee on Economic, Social and Cultural Rights
''This Research Handbook, written by recognized experts, presents a timely and much-needed appraisal of the theory and recent practice of social rights in international law. It examines carefully the general aspects of international law and social rights, followed by in-depth studies of universal and regional analyses of the protection of social rights. The Handbook concludes with a series of lucidly written chapters showing the inter-linkages with other international regimes.’
– Eibe Riedel, University of Mannheim, Germany
– Bruno Simma, University of Michigan, US and Former Member of the UN Committee on Economic, Social and Cultural Rights
''This Research Handbook, written by recognized experts, presents a timely and much-needed appraisal of the theory and recent practice of social rights in international law. It examines carefully the general aspects of international law and social rights, followed by in-depth studies of universal and regional analyses of the protection of social rights. The Handbook concludes with a series of lucidly written chapters showing the inter-linkages with other international regimes.’
– Eibe Riedel, University of Mannheim, Germany
Contributors
Contributors: V. Bílková, C. Binder, J.P. Bohoslavsky, D.M. Chirwa, A. Constantinides, J. Cortez da Cunha Cruz, E. De Brabandere, M. de Carvalho Hernandez, E. Dermine, M. Dobrić, E. Ferrer Mac-Gregor, M. Goldmann, M. Góngora-Mera, J.A. Hofbauer, D. Ikawa, P. Janig, Z. Kędzia, A. Kendrick, T. Kleinlein, E. López-Jacoiste, K. Lukas, S. McInerney-Lankford, A. Mkhonza, M. Morales Antoniazzi, A. Müller, Y. Negishi, M. Nowak, K. Olaniyan, L.C. Pautassi, F. Piovesan, E. Schmid, J. Schönsteiner, F. Seatzu, A. Úbeda de Torre, F. Viljoen, R. Wilde, I.T. Winkler
Contents
Contents:
Introduction: International Law and Social Rights
Christina Binder, Jane A Hofbauer, Flávia Piovesan, Amaya Úbeda de Torres
Part 1 General Aspects of International Law and Social Rights
1. Social Rights in International Law: Categorizations versus Indivisibility
Manfred Nowak
2. The Nature of Social Rights as Obligations of International Law – Resource Availability, Progressive Realization and the Obligations to Respect, Protect, Fulfil
Veronika Bílková
3. Justiciability and Social Rights
Amaya Úbeda de Torres
4. Pursuing Global Socio-Economic, Colonial and Environmental Justice through Economic Redistribution: The Potential Significance of Human Rights Treaty Obligations
Ralph Wilde
Part 2 The Protection of Social Rights in International Human Rights Law
A. Universal Protection
5. Social Rights Protection in the ICESCR and its Optional Protocol – The Role of the Committee on Economic, Social and Cultural Rights
Zdzisław (Dzidek) Kędzia
6. Social Rights Protection through Core International Human Rights Treaties beyond the ICESCR
Thomas Kleinlein
B. Regional Protection
7. The European Social Charter
Karin Lukas
8. Social Rights in the Jurisprudence of the European Court of Human Rights
Eugenia López-Jacoiste
9. The Protection of Social Rights by the Inter-American Commission on Human Rights Rights
Flávia Piovesan, Mariela Morales Antoniazzi, Julia Cortez da Cunha Cruz
10. Social Rights in the Jurisprudence of the Inter-American Court of Human Rights
Eduardo Ferrer Mac-Gregor
11. Social Rights in the African System for the Protection and Promotion of Human and Peoples’ Rights
Frans Viljoen
C. Social Rights as a Tool to Fight Inequality and to Protect and Ensure Diversity
12. The Social Rights of African Descendants, with Focus on the Americas
Manuel Góngora-Mera
13. Social Rights as Persons with Disabilities’ Rights
Francesco Seatzu
14. Stateless Persons and Social Rights
Marija Dobrić, Philipp Janig
15. Social Rights of Minorities
Aris Constantinides
Part 3 The Implementation and Enforcement of Social Rights
16. Monitoring the Implementation of Social Rights through Indicators with Special Focus on the Inter-American Level
Laura C Pautassi
17. The Role of Domestic Actors in the Implementation and Enforcement of Social Rights
Andreas Th Müller
18. The Role of Civil Society Organizations in the Protection of Social Rights
Daniela Ikawa
19. The Proceduralization of Social Rights: Access to Information, Justice and Remedies
Yota Negishi
Part 4 Crisis and Social Rights / Challenges to Social Rights
20. Austerity Measures and Women’s Social and Economic Rights: We Need to Look Deeper
Abby Kendrick, Juan Pablo Bohoslavsky
21. Corporations and Social Rights
Judith Schönsteiner
22. The Implications of Corruption on Social Rights
Kolawole Olaniyan
23. Social Rights Adjudication and the Future of the Welfare State
Elise Dermine
24. Social Rights in Armed Conflict Situations
Amrei Müller
Part 5 Social Rights in Perspective: Interlinkages with Other International Regimes
25. International Investment Law and Social Rights: Interactions and Encounters
Eric De Brabandere
26. Financial Institutions and Social Rights: From Foes to Friends?
Matthias Goldmann
27. Social Rights and the Sustainable Development Goals
Inga T Winkler, Matheus de Carvalho Hernandez
28. The Environment and Social Rights
Danwood Mzikenge Chirwa, Amanda ZT Mkhonza
29. Climate Change and Social Rights: Perspectives on Legal Obligations
Siobhán McInerney-Lankford
30. International Criminal Law and Social Rights
Evelyne Schmid
Index
Introduction: International Law and Social Rights
Christina Binder, Jane A Hofbauer, Flávia Piovesan, Amaya Úbeda de Torres
Part 1 General Aspects of International Law and Social Rights
1. Social Rights in International Law: Categorizations versus Indivisibility
Manfred Nowak
2. The Nature of Social Rights as Obligations of International Law – Resource Availability, Progressive Realization and the Obligations to Respect, Protect, Fulfil
Veronika Bílková
3. Justiciability and Social Rights
Amaya Úbeda de Torres
4. Pursuing Global Socio-Economic, Colonial and Environmental Justice through Economic Redistribution: The Potential Significance of Human Rights Treaty Obligations
Ralph Wilde
Part 2 The Protection of Social Rights in International Human Rights Law
A. Universal Protection
5. Social Rights Protection in the ICESCR and its Optional Protocol – The Role of the Committee on Economic, Social and Cultural Rights
Zdzisław (Dzidek) Kędzia
6. Social Rights Protection through Core International Human Rights Treaties beyond the ICESCR
Thomas Kleinlein
B. Regional Protection
7. The European Social Charter
Karin Lukas
8. Social Rights in the Jurisprudence of the European Court of Human Rights
Eugenia López-Jacoiste
9. The Protection of Social Rights by the Inter-American Commission on Human Rights Rights
Flávia Piovesan, Mariela Morales Antoniazzi, Julia Cortez da Cunha Cruz
10. Social Rights in the Jurisprudence of the Inter-American Court of Human Rights
Eduardo Ferrer Mac-Gregor
11. Social Rights in the African System for the Protection and Promotion of Human and Peoples’ Rights
Frans Viljoen
C. Social Rights as a Tool to Fight Inequality and to Protect and Ensure Diversity
12. The Social Rights of African Descendants, with Focus on the Americas
Manuel Góngora-Mera
13. Social Rights as Persons with Disabilities’ Rights
Francesco Seatzu
14. Stateless Persons and Social Rights
Marija Dobrić, Philipp Janig
15. Social Rights of Minorities
Aris Constantinides
Part 3 The Implementation and Enforcement of Social Rights
16. Monitoring the Implementation of Social Rights through Indicators with Special Focus on the Inter-American Level
Laura C Pautassi
17. The Role of Domestic Actors in the Implementation and Enforcement of Social Rights
Andreas Th Müller
18. The Role of Civil Society Organizations in the Protection of Social Rights
Daniela Ikawa
19. The Proceduralization of Social Rights: Access to Information, Justice and Remedies
Yota Negishi
Part 4 Crisis and Social Rights / Challenges to Social Rights
20. Austerity Measures and Women’s Social and Economic Rights: We Need to Look Deeper
Abby Kendrick, Juan Pablo Bohoslavsky
21. Corporations and Social Rights
Judith Schönsteiner
22. The Implications of Corruption on Social Rights
Kolawole Olaniyan
23. Social Rights Adjudication and the Future of the Welfare State
Elise Dermine
24. Social Rights in Armed Conflict Situations
Amrei Müller
Part 5 Social Rights in Perspective: Interlinkages with Other International Regimes
25. International Investment Law and Social Rights: Interactions and Encounters
Eric De Brabandere
26. Financial Institutions and Social Rights: From Foes to Friends?
Matthias Goldmann
27. Social Rights and the Sustainable Development Goals
Inga T Winkler, Matheus de Carvalho Hernandez
28. The Environment and Social Rights
Danwood Mzikenge Chirwa, Amanda ZT Mkhonza
29. Climate Change and Social Rights: Perspectives on Legal Obligations
Siobhán McInerney-Lankford
30. International Criminal Law and Social Rights
Evelyne Schmid
Index
