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Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
This pioneering volume explores the long-neglected history of social rights, from the Middle Ages to the present. It debunks the myth that social rights are 'second-generation rights' – rights that appeared after World War II as additions to a rights corpus stretching back to the Enlightenment. Not only do social rights stretch back that far; they arguably pre-date the Enlightenment. In tracing their long history across various global contexts, this volume reveals how debates over social rights have often turned on deeper struggles over social obligation – over determining who owes what to whom, morally and legally. In the modern period, these struggles have been intertwined with questions of freedom, democracy, equality and dignity. Many factors have shaped the history of social rights, from class, gender and race to religion, empire and capitalism. With incomparable chronological depth, geographical breadth and conceptual nuance, Social Rights and the Politics of Obligation in History sets an agenda for future histories of human rights.
Jeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.
An essential introduction to rights-based approaches in social policy, this text critically explores how social rights underpin human wellbeing. It discusses social rights as rights of citizenship in developed welfare states and as an essential component within the international human rights and human development agenda. It provides a valuable introduction for students and researchers in social policy and related applied social science, public policy, sociology, socio-legal studies and social development fields. Taking an international perspective, the first part of the book considers how social rights can be understood and critiqued in theory – discussing ideas around citizenship, human n...
The book is the most comprehensive in its area and analyses many jurisdictions that have received little attention.
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.
This title offers a selection of those major contributions which have shaped debate in the field of economic, social and cultural rights. The broad range of discussion includes: the nature of economic, social and cultural rights and the ability of courts to protect them; the effectiveness of non-judicial protective mechanisms at both the universal and the domestic level; ways of measuring whether states do enough to 'progressively realize' these rights; the impact of trade and investment liberalization, and of economic globalization generally, on the fulfilment of such rights; and the role of economic, social and cultural rights in development.
Original scholarship on economic and social human rights from cutting-edge scholars in the fields of economics, law, political science, sociology and anthropology.
In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.
A critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions