Socio-Economic Human Rights in Essential Public Services Provision


Author: Marlies Hesselman,Antenor Hallo de Wolf,Brigit Toebes
Publisher: Routledge
ISBN: 1317209885
Category: Law
Page: 346
View: 1632

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There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.

Business and Human Rights

History, Law and Policy - Bridging the Accountability Gap
Author: Nadia Bernaz
Publisher: Taylor & Francis
ISBN: 1317233859
Category: Business & Economics
Page: 314
View: 5617

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Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.

Extracting Accountability from Non-State Actors in International Law

Assessing the Scope for Direct Regulation
Author: Lee James McConnell
Publisher: Routledge
ISBN: 1317220560
Category: Law
Page: 296
View: 5094

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The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.

The Effectiveness of the UN Human Rights System

Reform and the Judicialisation of Human Rights
Author: Surya P. Subedi, OBE, QC (Hon)
Publisher: Routledge
ISBN: 1351778951
Category: Law
Page: 304
View: 9943

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The UN human rights agenda has reached the mature age of 70 years and many UN mechanisms created to implement this agenda are themselves in their middle-age, yet human rights violations are still a daily occurrence around the globe. The scorecard of the UN human rights mechanisms appears impressive in terms of the promotion, spreading of education and engaging States in a dialogue to promote human rights, but when it comes to holding governments to account for violations of these rights, the picture is much more dismal. This book examines the effectiveness of UN mechanisms and suggests measures to reform them in order to create a system that is robust and fit to serve the 21st century. This book casts a critical eye on the rationale and effectiveness of each of the major UN human rights mechanisms, including the Human Rights Council, the human rights treaty bodies, the UN High Commissioner for Human Rights, the UN Special Rapporteurs and other Charter-based bodies. Surya P. Subedi argues most of the UN human rights mechanisms have remained toothless entities and proposes measures to reform and strengthen it by depoliticising the workings of UN human rights mechanisms and judicialising human rights at the international level.

Public Services and International Trade Liberalization

Human Rights and Gender Implications
Author: Barnali Choudhury
Publisher: Cambridge University Press
ISBN: 1107026563
Category: Business & Economics
Page: 362
View: 6782

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This books examines whether public service liberalization poses a threat to gender and human rights?

Economic, Social, and Cultural Rights in Armed Conflict


Author: Gilles Giacca
Publisher: OUP Oxford
ISBN: 0191026913
Category: Law
Page: 414
View: 3915

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This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.

Human Rights in Life and Death

Basic Considerations for Development Planning
Author: Oladele O. Arowolo
Publisher: Xlibris Corporation
ISBN: 1453504605
Category: Social Science
Page: 379
View: 8028

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International Human Rights in Context

Law, Politics, Morals : Text and Materials
Author: Henry J. Steiner,Philip Alston,Ryan Goodman
Publisher: Oxford University Press, USA
ISBN: 019927942X
Category: Law
Page: 1492
View: 3313

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The third edition of International Human Rights in Context continues to bring sophisticated and thought-provoking analysis to the study of human rights within its wider social and cultural context. This widely acclaimed interdisciplinary coursebook presents a diverse range of carefully edited primary and secondary materials alongside extensive text, editorial commentary, and study questions. Within its conceptual framework, the book thoroughly covers the major topics of internationalhuman rights: the basic characteristics of international law; evolution of the human rights movement movement; civil, political, economic and social rights; the humanitarian laws of war; globalization; self-determination; women's rights; universalism and cultural relativisim; intergovernmental and nongovernmental institutions; implementation and enforcement; internal application of human rights norms; and the spread of constitutionalism. The third edition has been considerably revised and restructured to incoroprate new themes and topics including: human rights in relation to terrorism amd national security; responsibility of nonstate actors for human rights violations; recent substantial changes in sources and processes of international law; achieved and potential reforrm within UN human rights institution; theories about international organizations and their influence on state behavior. Its scope, challenging enquiries, and clarity make it the ideal companion for human rightsstudents, scholars, advocates and practitioners alike. Online Resource Centre The third edition will be accompanied by a new online resource centre which will house the Annex of Documents, allowing them to be updated between editions.

Q & A Revision Guide International Law 2013 and 2014


Author: Susan Breau
Publisher: Oxford University Press
ISBN: 0199661960
Category: Law
Page: 264
View: 3255

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Q&A International Law offers a lifeline to students revising for exams. It provides clear guidance from an experienced examiner on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.

Environmental Protection and Human Rights


Author: Donald K. Anton,Dinah L. Shelton
Publisher: Cambridge University Press
ISBN: 1139498525
Category: Political Science
Page: N.A
View: 7985

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With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.

Public Policy in International Economic Law

The ICESCR in Trade, Finance, and Investment
Author: Diane Desierto
Publisher: OUP Oxford
ISBN: 0191026484
Category: Law
Page: 432
View: 4576

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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

Human Rights in Education, Science, and Culture : Legal Developments and Challenges


Author: Yvonne Donders,Vladimir Volodin
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754673132
Category: Political Science
Page: 320
View: 8407

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Human rights are at the heart of UNESCO's work in the fields of education, science and culture. Conceived from an international human rights legal framework, this publication combines insights into the content, scope of application and corresponding state obligations of these rights with analyses of issues relating to their implementation.--Publisher's description.

Food and Human Rights in Development: Legal and institutional dimensions and selected topics


Author: Wenche Barth Eide
Publisher: Intersentia nv
ISBN: 9050953859
Category: Law
Page: 528
View: 5914

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The right to adequate food is firmly established in international human rights law. It is among those most cited in solemn declarations and most violated in practice. In a landmark decision, the 1996 World Food Summit decided to break with the all too familiar right-to-food rhetoric and requested a clarification of "the content of the right to food and the fundamental right of everyone to be free from hunger" and the means for its implementation. Since then much efforts have gone into further conceptualisation of social and cultural rights in general and the right to adequate food in particular. UN agencies, scholars, interested governments and civil society have joined forces in attempting to provide a foundation for national and international follow-up of the recommendations of the World Food Summit, reinforced by the Millennium Development Goals. This first of two volumes provides evidence of some of this work and gives direction for future activities to promote and protect the right to adequate food for all. It has contributions from some 15 authors who have all been directly involved, from different angles, in the advancement of the right to food and related human rights over the past years. Besides introducing the concept of the right to food and elaborating on its theoretical basis and meaning in development, it provides several recent examples from work both at the national and international level to apply it in practical situations, and with a special view to how to go about identifying the corresponding obligations of states and complementary duties and responsibilities of non-state actors and international organisations. Finally, several chapters address the right to food under special circumstances and for special groups needing particular attention. The book is the first of its kind on the right to food as a human right. It is not a textbook but is intended to inform and stimulate further debate among scholars, policy-makers and practitioners and activists alike, on some of the major issues of concern in applying a right-based approach to alleviating food insecurity, hunger and malnutrition, and in promoting access to and consumption of nutritionally adequate, safe and culturally acceptable food on a sustainable basis for all. It is now evident that with the current pace of events the goal set by the WFS and the MDG of halving poverty and hunger by 2015 will not be achieved. There is a growing need to watch some of the possible effects of rapid economic globalisation and market liberalisation on food and nutrition security conditions, and to promote countervailing measures to offset their most negative consequences, particularly for vulnerable groups. The right to food is a first test case of the extent to which the application of economic, social and cultural rights can effectively exert such counterforce in an increasingly economics- and market-driven international climate, and enhance progress towards established goals

BTEC National in Public Services - Student Book 2


Author: Debra Gray,David Stockbridge
Publisher: Heinemann
ISBN: 9780435456580
Category: Civil service positions
Page: 370
View: 1247

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Written by experienced lecturers, these two Student Books and Tutor's Resource File provide your students with everything they need to achieve the BTEC National in Public Services - at Award, Certificate and Diploma Level.

Shifting Global Powers and International Law

Challenges and Opportunities
Author: Rowena Maguire,Bridget Lewis,Charles Sampford
Publisher: Routledge
ISBN: 1135017506
Category: Political Science
Page: 260
View: 7173

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This book explores the impacts of global economic, political and cultural shifts on various international legal frameworks and legal norms. The economic growth of states throughout Asia, South and Central America and Africa is having a profound effect on the dynamics of international relations, with a resulting impact on the operation and development of international law. This book examines the influence of emerging economies on international legal rules, institutions and processes. It describes recent and predicted changes in economic, political and cultural powers, flowing from the growth of emerging economies such as China, India, Brazil, South Africa and Russia, and analyses the influence of these changes on various legal frameworks and norms. Expert contributors drawn from a variety of fields, including international law, politics, environmental law, human rights, economics and finance, provide a broad analysis of the nature of the shifting global dynamic in its historical and contemporary contexts, and a range of perspectives on the impact of these changes as they relate to specific regimes and issues, including climate change regulation, collective security, indigenous rights, the rights of women and girls, environmental protection and foreign aid and development. The book provides a fresh and comprehensive analysis of an issue with extensive implications for international law and politics. Shifting Global Powers and International Law will be of interest to students and scholars of international relations; international law; international political economy, human rights; and development.

Nomadic Peoples and Human Rights


Author: Jérémie Gilbert
Publisher: Routledge
ISBN: 1136020160
Category: Law
Page: 272
View: 789

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Although nomadic peoples are scattered worldwide and have highly heterogeneous lifestyles, they face similar threats to their mobile livelihood and survival. Commonly, nomadic peoples are facing pressure from the predominant sedentary world over mobility, land rights, water resources, access to natural resources, and migration routes. Adding to these traditional problems, rapid growth in the extractive industry and the need for the exploitation of the natural resources are putting new strains on nomadic lifestyles. This book provides an innovative rights-based approach to the issue of nomadism looking at issues including discrimination, persecution, freedom of movement, land rights, cultural and political rights, and effective management of natural resources. Jeremie Gilbert analyses the extent to which human rights law is able to provide protection for nomadic peoples to perpetuate their own way of life and culture. The book questions whether the current human rights regime is able to protect nomadic peoples, and highlights the lacuna that currently exists in international human rights law in relation to nomadic peoples. It goes on to propose avenues for the development of specific rights for nomadic peoples, offering a new reading on freedom of movement, land rights and development in the context of nomadism.

Social Rights and Economics

Claims to Health Care and Education in Developing Countries
Author: Varun Gauri
Publisher: World Bank Publications
ISBN: 0404262856
Category: Education
Page: 19
View: 4942

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