Core Obligations
| Author | : Sage Russell |
| Publisher | : Intersentia nv |
| Total Pages | : 368 |
| Release | : 2002 |
| Genre | : Civil rights |
| ISBN | : 9050952054 |
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2. History and Norms
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Minimum Core Obligations
| Author | : John Tasioulas |
| Publisher | : |
| Total Pages | : |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
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The doctrine of the 'minimum core' (MCD) has in recent decades achieved prominence within international human rights law (IHRL) and practice. This enhanced profile is largely attributable to the activities of the United Nation's Committee on Economic, Social and Cultural Rights (henceforth, 'the Committee'). As this origin indicates, the MCD has been articulated in relation to the sub-set of human rights, usually denominated as 'economic, social and cultural rights', that are set out in the International Covenant on Economic, Social and Cultural Rights (henceforth, 'the Covenant'). In addition, some regional and domestic legal regimes, notably in Africa and South America, have recognized some version of the MCD in relation to constitutional or legal rights. However, this report will almost exclusively concentrate on the nature and value of the MCD as it has developed within international law and practice. This Report proceeds in the following manner: (i) introduction; (ii) In section 2, an account is offered of the formative point of IHRL in general; (iii) In section 3, the concept of minimum core obligations of human rights is explored, i.e. what it is that marks out such obligations among other human rights standards; (iv) Section 4 contends that the main gist of the MCD is given by interpretation; (v) In section 5, it is argued that interpretation (a), standing alone, offers the best account of the MCD; (vi) Section 6 addresses the difficult question of how to determine the content of such obligations; (vii) Section 7 responds to two major challenges confronting the MCD; and (viii) Finally, Section 8 briefly examines how indicators and benchmarks are statistical tools that can help monitor and enhance compliance with minimum core obligations.
Can Minimum Core Obligations Survive a Reasonableness Standard of Review Under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights?
| Author | : Lisa Forman |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
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In 2013, after twenty years of debate, an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights came into operation, enabling the international justiciability of this Covenant's rights for the first time. Under this mechanism, individuals within ratifying countries can submit complaints to the Committee on Economic, Social and Cultural Rights alleging violations of Covenant rights including health. The Protocol ushers in a new era for the international justiciability of this right, with the potential to advance its normative development and offer material gains to applicants. In this light the Committee's enforcement may prove an important crucible for the evolution of rights like health. Yet the Committee's interpretive approach to this right may conflict with the adjudicative approach laid out in relation to the Protocol. For example, Protocol guidelines adopt a 'reasonableness approach' to adjudication (drawn from the South African Constitutional Court), which may contradict the Committee's core obligations approach to interpreting economic, social and cultural rights. This analysis remains speculative since the Committee has yet to release a decision under this mechanism. Accordingly, my paper will contrast the Committee's adjudicative rules against earlier interpretations of the right to health to analyze its potential approach to enforcement, and to consider the implications for individual complainants, domestic litigation, and indeed, the evolution of the right to health more generally.
The Minimum Core Obligations of Economic, Social, and Cultural Rights
| Author | : Kirsteen Shields |
| Publisher | : |
| Total Pages | : |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
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Economic, social, and cultural rights (ESCR), such as the right to education and the right to health, comprise one of the two principal pillars of the United Nation (UN) human rights framework - the other pillar of which is constituted of civil and political rights (CPR); together with the UDHR, these two groups of rights comprise the international bill of rights. ESCR also overlap substantially with development activities, in that they share significant subject matter coverage. Put differently, development activities now occupy many areas governed by ESCR. ESCR are also central to conflicts over resource allocation which increasingly arise in both developed and developing countries as a result of crises stemming from climate change, violent conflict, and war and displacement. In such resource, constrained contexts, ESCR, and minimum core doctrine (MCD) in particular, provide a potential means to prioritize resource allocation through the identification of minimum core obligations (MCOs).
Socio-economic Rights
| Author | : Sandra Liebenberg |
| Publisher | : Juta and Company Ltd |
| Total Pages | : 572 |
| Release | : 2010 |
| Genre | : Business & Economics |
| ISBN | : 9780702184802 |
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Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
Strengthening Realization of Minimum Core Obligations of Economic, Social and Cultural Rights
| Author | : Abubaker Alamin Ali Karrar |
| Publisher | : |
| Total Pages | : 74 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
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Healthcare as a Human Rights Issue
| Author | : Sabine Klotz |
| Publisher | : transcript Verlag |
| Total Pages | : 427 |
| Release | : 2017-11-30 |
| Genre | : Social Science |
| ISBN | : 3839440548 |
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This book deals with various facets of the human right to health: its normative profile as a universal right, current political and legal conflicts and contextualized implementation in different healthcare systems. The authors come from different countries and disciplines - law, political science, ethics, medicine etc. - and bring together a broad variety of academic and practical perspectives. The volume contains selected contributions of the international conference "The Right to Health - an Empty Promise?" held in September 2015 in Berlin and organized by the Emerging Field Initiative Project "Human Rights in Healthcare" (University of Erlangen-Nürnberg).
The Universal Declaration of Human Rights in the 21st Century
| Author | : Gordon Brown |
| Publisher | : Open Book Publishers |
| Total Pages | : 129 |
| Release | : 2016-04-18 |
| Genre | : Political Science |
| ISBN | : 1783742216 |
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The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
Human Rights in Global Health
| Author | : Benjamin Mason Meier |
| Publisher | : Oxford University Press |
| Total Pages | : 617 |
| Release | : 2018-03-27 |
| Genre | : Law |
| ISBN | : 0190672706 |
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Institutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. This volume brings together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system. They explore the foundations of human rights as a normative framework for global health governance, the mandate of the World Health Organization to pursue a human rights-based approach to health, the role of inter-governmental organizations across a range of health-related human rights, the influence of rights-based economic governance on public health, and the focus on global health among institutions of human rights governance. Contributing chapters each map the distinct human rights efforts within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional dynamics to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.
Rescuing Human Rights
| Author | : Hurst Hannum |
| Publisher | : Cambridge University Press |
| Total Pages | : 245 |
| Release | : 2019-02-14 |
| Genre | : Law |
| ISBN | : 1108417485 |
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Focuses on understanding human rights as they really are and their proper role in international affairs.
