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Research Handbook on Economic, Social and Cultural Rights as Human Rights
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.
The Paradox of Professionalism
This book is about the role of lawyers in constructing a just society. Its central objective is to provide a deeper understanding of the relationship between lawyers' commercial aims and public aspirations. Drawing on interdisciplinary and comparative perspectives, it explores whether lawyers can transcend self-interest to meaningfully contribute to systems of political accountability, ethical advocacy and distributional fairness. Its contributors, some of the world's leading scholars of the legal profession, offer evidence that although justice is possible, it is never complete. Ultimately, how much - and what type of - justice prevails depends on how lawyers respond to, and reshape, the political and economic conditions in which they practise. As the essays demonstrate, the possibility of justice is diminished as lawyers pursue self-regulation in the service of power; it is enhanced when lawyers mobilize - in the political arena, workplace and law school - to contest it.
Social and Economic Rights in Theory and Practice
Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of prac...
Constitutionalism of the Global South
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
Engaging with Social Rights
With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.
Courts and Social Transformation in New Democracies
This volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies, with a focus on social rights litigation in post-authoritarian regimes or contexts of fragile state presence.
The Right to Water
The right to clean water has been adopted by the United Nations as a basic human right. Yet how such universal calls for a right to water are understood, negotiated, experienced and struggled over remain key challenges. The Right to Water elucidates how universal calls for rights articulate with local historical geographical contexts, governance, politics and social struggles, thereby highlighting the challenges and the possibilities that exist. Bringing together a unique range of academics, policy-makers and activists, the book analyzes how struggles for the right to water have attempted to translate moral arguments over access to safe water into workable claims. This book is an interventio...
The Human Right to Water
The first book to engage in a comprehensive examination of the human right to water in theory and in practice.
The Routledge Companion to Gender and COVID-19
The Routledge Companion to Gender and COVID-19 is the first comprehensive research guide for researchers and students who seek to study and evaluate the complex relationship between gender and COVID-19. This interdisciplinary collection touches on two major themes: first, how gender played a central role in shaping access to testing, treatment, and vaccines. Second, how the pandemic not only deepened existing gender inequalities, but also those along the lines of race, class, sexuality, disability, and immigration status. Bringing together a diverse range of international scholars across a number of disciplinary perspectives, this intersectional and comparative focus on COVID explores topics including the pandemic’s impact on families, employment, childcare and elder care, human rights, as well as gender and political economy and leadership, public health law, disability rights, and abortion access. The Routledge Companion to Gender and COVID-19 is an essential volume for scholars and students of Law, Gender Studies, Sociology, Health, Economics, and Politics.
Food Security in South Africa
The right to food is guaranteed in South Africa’s Constitution as it is in international law. Yet food insecurity remains widespread and persistent, at levels much higher than in countries with similar levels of per capita GDP and development, such as Brazil. In this book, leading local and international researchers on food security and related policy work have come together to create the first systematic and trans-disciplinary analysis of food security and its multiple dimensions in South Africa and the southern African region. Drawing on Amartya Sen’s entitlement theory to identify the key drivers of hunger, they see food insecurity as a chronic, structurally based condition rather tha...
