Hardback
Sustainable Public Procurement of Infrastructure and Human Rights
Beyond Building Green
9781802205503 Edward Elgar Publishing
This innovative book addresses the links between sustainability and human rights in the context of infrastructure projects and uncovers the human rights gap in every stage of public procurement processes to deliver on infrastructure assets or services.
More Information
Critical Acclaim
Contributors
Contents
More Information
This innovative book addresses the links between sustainability and human rights in the context of infrastructure projects and uncovers the human rights gap in every stage of public procurement processes to deliver on infrastructure assets or services.
Bringing together contributions from leading scholars and legal practitioners, this comprehensive book addresses a gap in the literature on the role of human rights within highly complex contracts, such as public-private partnerships (PPPs), in infrastructure development. Chapters analyse key human rights issues across the life cycle of projects using case studies that investigate communities, service users and workers in public procurement supply chains as human rights holders. Further, it explores the issues facing women as different role-players – namely as workers, service users, decision-makers and government suppliers. Case studies include procurement of healthcare infrastructure and megasporting events. The editors also propose solutions and new ways forward in the advancement of the sustainable public procurement agenda, both for developed and developing countries, to deliver infrastructure that brings social return without harming human rights.
Developing more inclusive approaches to infrastructure that address rightsholders and stakeholders – including communities, workers, service users, and particularly women – this book will be a thought-provoking resource for scholars and students, as well as for human rights lawyers, advocates and policy makers alike.
Bringing together contributions from leading scholars and legal practitioners, this comprehensive book addresses a gap in the literature on the role of human rights within highly complex contracts, such as public-private partnerships (PPPs), in infrastructure development. Chapters analyse key human rights issues across the life cycle of projects using case studies that investigate communities, service users and workers in public procurement supply chains as human rights holders. Further, it explores the issues facing women as different role-players – namely as workers, service users, decision-makers and government suppliers. Case studies include procurement of healthcare infrastructure and megasporting events. The editors also propose solutions and new ways forward in the advancement of the sustainable public procurement agenda, both for developed and developing countries, to deliver infrastructure that brings social return without harming human rights.
Developing more inclusive approaches to infrastructure that address rightsholders and stakeholders – including communities, workers, service users, and particularly women – this book will be a thought-provoking resource for scholars and students, as well as for human rights lawyers, advocates and policy makers alike.
Critical Acclaim
‘The book Sustainable Public Procurement of Infrastructure and Human Rights: Beyond Building Green, edited by Olga Martin-Ortega and Laura Treviño-Lozano is a comprehensive and well-written compilation on a very important issue that has not received significant academic attention. The book considers the importance of sustainability in infrastructure procurement from a wide range of perspectives, examining the gaps in sustainable procurement, the different modalities of infrastructure procurement, different sectors (economic infrastructure, sports and health), and the human rights risks inherent in infrastructure procurement. The book in particular, considers the involvement of the private sector and donors in the provision of infrastructure, highlighting how the private sector and donor inputs can be harnessed to improve the sustainability and mitigate human rights risks in infrastructure procurement. The book considers practical ways to mitigate human rights risks in infrastructure procurement, focusing on risk assessment, a gendered analysis and a developmental perspective. In the context of Covid-19 recovery and meeting the Sustainable development goals, the book could not be more timely, needed and welcome.’
– Prof. Sope Williams-Elegbe, Professor and Head of Department of Mercantile Law, and the deputy director of the African Procurement Law Unit, Stellenbosch University, South Africa
– Prof. Sope Williams-Elegbe, Professor and Head of Department of Mercantile Law, and the deputy director of the African Procurement Law Unit, Stellenbosch University, South Africa
Contributors
Contributors: Cristina Contreras Casado, Ama Eyo, Daniela Heerdt, Johanna Hoekstra, Josua Loots, Olga Martin-Ortega, Miriam Mbah, George Nwangwu, Geo Quinot, William Rook, Annabel Elise Short, Laura Treviño-Lozano, Luis Felipe Yanes
Contents
Contents:
Foreword xii
Roberto Caranta
PART I LINKING HUMAN RIGHTS AND
SUSTAINABILITY IN PUBLIC
PROCUREMENT OF INFRASTRUCTURE
1 Sustainable public procurement of infrastructure and
human rights: linkages and gaps 2
Laura Treviño-Lozano and Olga Martin-Ortega
2 Access to infrastructure as a human right: making public–
private partnerships work for the people 28
George Nwangwu
3 A 360-degree approach to women’s inclusion in infrastructure 60
Cristina Contreras Casado
4 Financing infrastructure procurement and workers’ rights:
the role of regional development banks 86
Miriam Mbah and Ama Eyo
PART II BUILDING HOSPITALS FOR PEOPLE
5 Development, infrastructure and human rights: the role of
human rights impact assessments 112
Josua Loots
6 Interventions in hospital construction: early action for the
realisation of human rights 140
Annabel Elise Short
7 The mismatch of public–private partnerships and the right
to health 160
Johanna Hoekstra and Luis Felipe Yanes
PART III FOR THE GAME: INFRASTRUCTURE FOR
MEGA-SPORTING EVENTS
8 Human rights risks and opportunities in mega-sporting
event procurement 195
William Rook and Daniela Heerdt
9 Human rights and developmental considerations in
procuring for Africa’s first World Cup 215
Geo Quinot
PART IV CONCLUSIONS
10 Beyond building green: putting people at the core of
sustainable procurement of infrastructure 238
Olga Martin-Ortega and Laura Treviño-Lozano
Index
Foreword xii
Roberto Caranta
PART I LINKING HUMAN RIGHTS AND
SUSTAINABILITY IN PUBLIC
PROCUREMENT OF INFRASTRUCTURE
1 Sustainable public procurement of infrastructure and
human rights: linkages and gaps 2
Laura Treviño-Lozano and Olga Martin-Ortega
2 Access to infrastructure as a human right: making public–
private partnerships work for the people 28
George Nwangwu
3 A 360-degree approach to women’s inclusion in infrastructure 60
Cristina Contreras Casado
4 Financing infrastructure procurement and workers’ rights:
the role of regional development banks 86
Miriam Mbah and Ama Eyo
PART II BUILDING HOSPITALS FOR PEOPLE
5 Development, infrastructure and human rights: the role of
human rights impact assessments 112
Josua Loots
6 Interventions in hospital construction: early action for the
realisation of human rights 140
Annabel Elise Short
7 The mismatch of public–private partnerships and the right
to health 160
Johanna Hoekstra and Luis Felipe Yanes
PART III FOR THE GAME: INFRASTRUCTURE FOR
MEGA-SPORTING EVENTS
8 Human rights risks and opportunities in mega-sporting
event procurement 195
William Rook and Daniela Heerdt
9 Human rights and developmental considerations in
procuring for Africa’s first World Cup 215
Geo Quinot
PART IV CONCLUSIONS
10 Beyond building green: putting people at the core of
sustainable procurement of infrastructure 238
Olga Martin-Ortega and Laura Treviño-Lozano
Index
