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Social Rights in Europe
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ISBN: 0191700479 9780191700477 Year: 2005 Publisher: Oxford : Oxford University Press,

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Abstract

This collection moves beyond the traditional focus of labour rights to consider other social rights which are seen to be of growing importance, such as those relating to health & disability.


Book
The social constitution : embedding social rights through legal mobilization
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ISBN: 1009367730 1009367765 1009367722 1009367757 Year: 2023 Publisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press,

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In The Social Constitution, Whitney Taylor examines the conditions under which new constitutional rights become meaningful and institutionalized. Taylor introduces the concept of 'embedding' constitutional law to clarify how particular visions of law come to take root both socially and legally. Constitutional embedding can occur through legal mobilization, as citizens understand the law in their own way and make legal claims - or choose not to - on the basis of that understanding, and as judges decide whether and how to respond to legal claims. These interactions ultimately construct the content and strength of the constitutional order. Taylor draws on more than a year of fieldwork across Colombia and multiple sources of data, including semi-structured interviews, original surveys, legal documents, and participation observation. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.


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Engaging with social rights
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ISBN: 131654012X 1316540553 1316540987 131654141X 1316543137 1139333704 9781316541418 1107029457 1108446175 1316537544 9781139333702 9781316543139 9781316540558 9781316540985 Year: 2016 Publisher: Cambridge

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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.


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Australia's engagement with economic and social rights : a case of institutional avoidance
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ISBN: 9811600333 9811600325 Year: 2021 Publisher: Singapore : Springer,

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Social rights and the politics of obligation in history
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ISBN: 1009008684 1009020862 1316519236 1009020668 Year: 2022 Publisher: Cambridge : Cambridge University Press,

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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.


Book
The governance of EU fundamental rights
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ISBN: 9781107070493 9781107707436 9781107682504 Year: 2018 Publisher: Cambridge Cambridge University Press

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"In spite of a continued increase in the substantive scope and reach of EU fundamental rights, little attention has been paid to their practical enforcement. In this book, Mark Dawson looks at the mechanisms through which EU fundamental rights are protected and enforced, closely examining the interrelation between the EU's pertinent legal and political bodies. He argues that in order to understand EU fundamental rights we must also understand the institutional, political and normative constraints that shape the EU's policies. The book examines the performance of different EU institutions in relation to rights and studies two important policy fields - social rights and rule of law protection - in depth"-- "In this book, Mark Dawson looks at the mechanisms through which EU fundamental rights are protected and enforced, closely examining the inter-relation between the EU's pertinent legal and political bodies"--


Book
Indivisible human rights : a history
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ISBN: 1283897393 0812205405 0812242408 9780812242409 Year: 2010 Publisher: Philadelphia : University of Pennsylvania Press,

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Human rights activists frequently claim that human rights are indivisible, and the United Nations has declared the indivisibility, interdependency, and interrelatedness of these rights to be beyond dispute. Yet in practice a significant divide remains between the two grand categories of human rights: civil and political rights, on the one hand, and economic, social, and cultural rights on the other. To date, few scholars have critically examined how the notion of indivisibility has shaped the complex relationship between these two sets of rights. In Indivisible Human Rights, Daniel J. Whelan offers a carefully crafted account of the rhetoric of indivisibility. Whelan traces the political and historical development of the concept, which originated in the contentious debates surrounding the translation of the Universal Declaration of Human Rights into binding treaty law as two separate Covenants on Human Rights. In the 1960's and 1970's, Whelan demonstrates, postcolonial states employed a revisionist rhetoric of indivisibility to elevate economic and social rights over civil and political rights, eventually resulting in the declaration of a right to development. By the 1990's, the rhetoric of indivisibility had shifted to emphasize restoration of the fundamental unity of human rights and reaffirm the obligation of states to uphold both major human rights categories-thus opening the door to charges of violations resulting from underdevelopment and poverty. As Indivisible Human Rights illustrates, the rhetoric of indivisibility has frequently been used to further political ends that have little to do with promoting the rights of the individual. Drawing on scores of original documents, many of them long forgotten, Whelan lets the players in this drama speak for themselves, revealing the conflicts and compromises behind a half century of human rights discourse. Indivisible Human Rights will be welcomed by scholars and practitioners seeking a deeper understanding of the complexities surrounding the realization of human rights.


Book
Social rights judgements and the politics of compliance
Authors: --- ---
ISBN: 9781107160217 1107160219 1316613313 1108216625 1108215270 1316673057 1108217974 1108224725 1108219322 1108207170 9781316673058 9781316613313 Year: 2017 Publisher: Cambridge Cambridge University Press

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The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.

Judicial review, socio-economic rights and the Human Rights Act
Author:
ISBN: 1841133728 9781841133720 Year: 2007 Volume: 10 Publisher: Oxford Hart


Book
Debating social rights.
Authors: ---
ISBN: 9781849460231 184946023X Year: 2011 Publisher: Oxford Hart

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