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Economic, Social and Cultural Rights in International Law 2nd ed


ISBN13: 9781849466073
Previous Edition ISBN: 9781841139159
Published: October 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £90.00



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Since the first edition of Economic, Social and Cultural Rights in International Law was published in 2009, there have been several important developments including:-

  • (1) the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on individual communications;
  • and (2) significant developments in the case law on economic, social and cultural (ESC) rights.
The second edition, written by an expert in the field, addresses the above developments and explores ESC rights from foundational issues to substantive rights and systems of protection.

It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments including rights not covered in the first edition such as trade union rights, right to an adequate standard of living (adequate food, water and housing), right to social security and the right to take part in cultural life.

It also considers the relationship of the International Covenant on Economic, Social and Cultural Rights (ICESCR) to other areas of international law; admissibility under the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups (such as women, children, youth, persons with disabilities, older persons, prisoners, minorities, migrants, indigenous people, refugees and internally displaced persons); and contemporary challenges to ESC rights including poverty, armed conflicts and terrorism.

All these developments presented in a clear and illuminating manner, will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.

Subjects:
Human Rights and Civil Liberties, Public International Law
Contents:
Part I: Reflections on Economic, Social and Cultural Rights
1. The International Legal Protection of Economic, Social and Cultural Rights
2. State Obligations Under the International Covenant on Economic, Social and Cultural Rights
3. Beyond the State: Non-State Actors and Economic, Social and Cultural Rights
4. Economic, Social and Cultural Rights in the African Charter on Human and Peoples' Rights
5. The Domestic Protection of Economic, Social and Cultural Rights Protected in International Law
6. State Reservations to the International Covenant on Economic, Social and Cultural Rights
7. Women's Economic, Social and Cultural Rights

Part II: Substantive Economic, Social and Cultural Rights
8. Right to Work and Right to Just and Favourable Conditions of Work: Articles 6, 7 and 8
9. Rights to an Adequate Standard of Living and Social Security: Articles 11 and 9
10. The Right to Health: Article 12 11. The Right to Education: Articles 13 and 14
12. Cultural Rights: Article 15

Part III: Conclusion 13. The Right of Victims of Economic, Social and Cultural Rights Violations to an Effective Remedy: Towards a World Court of Human Rights