children s socio economic rights democracy and the courts human rights law in perspective

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Children S Socio Economic Rights Democracy And The Courts

Author : Aoife Nolan
ISBN : 9781847318589
Genre : Law
File Size : 65. 49 MB
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This book is concerned with children's economic and social rights (sometimes referred to simply as children's social rights). Despite increased academic interest in both children's rights and socio-economic rights over the last two decades, children's social and economic rights remain a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such social rights. Aoife Nolan's book remedies this omission, focussing on the circumstances in which the courts can and should give effect to the social and economic rights of children. The arguments put forward are located within the context of, and develop, long-standing debates in constitutional law, democratic theory and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children's social and economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice. The author brings together and addresses a wide range of issues that have never previously been considered together in book form. These include children's socio-economic rights; children as citizens and their position in relation to democratic decision-making processes; the implications of children and their rights for democratic and constitutional theory; the role of the courts in ensuring the enforcement of children's rights; and the debates surrounding the litigation and adjudication of social and economic rights. This book thus represents a major original contribution to the existing scholarship in a range of areas including human (and specifically social) rights, legal and political theory and constitutional law. 'Children's rights were often thought to be synonymous with economic and social welfare prior to the adoption of the Convention on the Rights of the Child in 1989. Ironically, since that time, remarkably little scholarship has been devoted to the vitally important economic and social rights dimensions of children's rights. Nolan's book singlehandedly remedies that neglect and does so in a sophisticated, nuanced and balanced way. It provides a superb account of the pros and cons of judicial activism in promoting these rights.' Philip Alston, John Norton Pomeroy Professor, NYU Law School 'Thus far the burgeoning literature on the judicial enforcement of socio-economic rights has failed to engage in a sustained, systemic manner with this topic from the perspective of children and the complexity of their status as citizens within contemporary democracies. This book fills this gap and makes a major contribution to the literature in the three interrelated areas of the judicial review of socio-economic rights claims, children's rights, and democratic theory. Nolan navigates skilfully through the dense, but rich literature in these areas as well as relevant international and comparative law. In so doing she illuminates both the pitfalls and potential of resorting to courts in a partial response to the multifaceted and deeply entrenched global phenomenon of child poverty.' Professor Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty. Winner of the Kevin Boyle Book Prize 2012, awarded by the Irish Association of Law Teachers to a book that is deemed to have made an outstanding contribution to the understanding of law.

Judicial Review Socio Economic Rights And The Human Rights Act

Author : Ellie Palmer
ISBN : 9781847313768
Genre : Law
File Size : 83. 49 MB
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In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.

Human Rights And Public Finance

Author : Aoife Nolan
ISBN : 9781782251743
Genre : Law
File Size : 27. 78 MB
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This edited collection addresses some of the most important challenges in contemporary human rights law and practice. Its central theme is the linkage between public finance, particularly budget decisions, and the realisation (or not) of economic and social rights. While much academic and political debate on economic and social rights implementation has focused on the role of the courts, this work places the spotlight squarely on those organs of government that have the primary responsibility and the greatest capacity for giving effect to such rights: namely, the elected branches of government. The major actors considered in this book are politicians, public servants and civil society, with their role in realising economic and social rights the work's key focus. The book thus makes a crucial contribution to remedying the current imbalance in attention paid by economic and social rights scholars to the legislature and executive vis-a-vis the judiciary. Featuring pioneering work by leading experts in the field of human rights and public finance, this multidisciplinary collection will be of great interest to academics, practitioners, public servants and students working in the areas of law, human rights, economics, development and political science.

Social And Economic Rights In Theory And Practice

Author : Helena Alviar García
ISBN : 9781317964421
Genre : Law
File Size : 65. 35 MB
Format : PDF
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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 practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.

Implementing Article 12 Of The Un Convention On The Rights Of The Child

Author : Rebecca Thorburn Stern
ISBN : 9789004324053
Genre : Political Science
File Size : 89. 91 MB
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In Participation, Power and Attitudes: Implementing Article 12 of the Convention on the Rights of the Child Rebecca Thorburn Stern analyses how CRC state parties explain their implementation of Article 12 on respect for the child’s views.

Do African Children Have Rights

Author : Stephen Nmeregini Achilihu
ISBN : 9781599428536
Genre : History
File Size : 87. 4 MB
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The United Nations 1989 Convention on the Rights of the Child (CRC) constitutes a landmark in the development of international human rights law and reflects an historic turn in universal thinking about children and their rights. Many children in Africa today face the future with a deep sense of uncertainty and foreboding. Many have no hope of education and the issues of child trafficking, sexual exploitation and child labour reflect a profound crisis of the family. The current socio-economic situation has radically changed the world views and the life expectations of the African child. This book attempts to respond to some of the questions that could be asked: to what extent have the provisions of the CRC been implemented in the national legislations of African States? What effect have they had on children in Africa? What mechanisms exist to prevent and sanction rights abusers? Are children's rights in Africa reality, or simply rhetoric?

Children S Rights In Africa

Author : Julia Sloth-Nielsen
ISBN : 9781317167532
Genre : Law
File Size : 76. 2 MB
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This collection is anchored in an African conception of children's rights and the law, and reflects contemporary discourses taking place in the region of the children's rights sphere. The majority of contributors are African and adopt an individual approach to their topic which reflects their first-hand experience. The book focuses on child rights issues which have particular resonance on the continent and the chapters span themes which are both broad and narrow, containing subject matter which is both theoretical and illuminated by practice. The book profiles recent developments and experiences in furthering children's legal rights in the African context, and distils from these future trends the specific role that the law can play in the African children's rights environment.

Judicial Review Socio Economic Rights And The Human Rights Act

Author : Ellie Palmer
ISBN : 9781847313768
Genre : Law
File Size : 22. 67 MB
Format : PDF, Mobi
Download : 520
Read : 1096

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In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.

Human Rights And The Environment

Author : Linda Hajjar Leib
ISBN : 9789004188648
Genre : Law
File Size : 30. 44 MB
Format : PDF, ePub
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The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.

Socio Economic Rights In South Africa

Author : Malcolm Langford
ISBN : 9781107021143
Genre : Business & Economics
File Size : 71. 34 MB
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The embrace of socio-economic rights in South Africa has featured prominently in scholarship on constitution making, legal jurisprudence and social mobilisation. But the development has attracted critics who claim that this turn to rights has not generated social transformation in practice. This book sets out to assess one part of the puzzle and asks what has been the role and impact of socio-economic strategies used by civil society actors. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action. The evidence suggests that some strategies have achieved material and political impact but this is conditional on the nature of the claim, degree of mobilisation and alliance building, and underlying constraints.

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