Vindicating socio-economic rights : international standards and comparative experiences

著者

    • O'Connell, Paul

書誌事項

Vindicating socio-economic rights : international standards and comparative experiences

Paul O'Connell

Routledge, 2012

  • : hbk
  • : ebk

大学図書館所蔵 件 / 2

この図書・雑誌をさがす

注記

Based on the author's thesis (doctoral)--National University of Ireland, Galway, 2010

収録内容

  • International standards on socio-economic rights
  • The South African experience
  • Developing social rights in India
  • The Canadian charter, substantive equality and social rights
  • The rejection of socio-economic rights in Ireland
  • A model adjudicative framework
  • Conclusions

内容説明・目次

内容説明

Notwithstanding the widespread and persistent affirmation of the indivisibility and equal worth of all human rights, socio-economic rights continue to be treated as the "Cinderella" of the human rights corpus. At a domestic level this has resulted in little appetite for the explicit recognition and judicial enforcement of such rights in constitutional democracies. The primary reason for this is the prevalent apprehension that the judicial enforcement of socio-economic rights is fundamentally at variance with the doctrine of the separation of powers. This study, drawing on comparative experiences in a number of jurisdictions which have addressed (in some cases more explicitly than others) the issue of socio-economic rights, seeks to counter this argument by showing that courts can play a substantial role in the vindication of socio-economic rights, while still respecting the relative institutional prerogatives of the elected branches of government. Drawing lessons from experiences in South Africa, India, Canada and Ireland, this study seeks to articulate a "model adjudicative framework" for the protection of socio-economic rights. In this context the overarching concern is to find some role for the courts in vindicating socio-economic rights, while also recognising the importance of the separation of powers and the primary role that the elected branches of government must play in protecting and vindicating such rights. The text incorporates discussion of the likely impact and significance of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and looks at the implications of the Mazibuko decision for the development of South Africa's socio-economic rights jurisprudence.

目次

1. Introduction 2. International Standards on Socio-Economic Rights 3. The South African Experience 4. Developing Social Rights in India 5. The Canadian Charter, Substantive Equality and Social Rights 6. The Rejection of Socio-Economic Rights in Ireland 7. A Model Adjudicative Framework 8. Conclusions

「Nielsen BookData」 より

詳細情報

ページトップへ