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Justiciability of Economic and Social Rights: Experiences from Domestic Systems

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Synopsis:

International human rights law and many domestic legal systems provide for the protection of economic and social rights, such as the right to health, housing, food and labour-related rights. For many years the inferior status of economic and social rights, compared to civil and political rights, has had a negative impact on the possibilities to claim effective protection of these rights both at the international and domestic level. It is a matter of common knowledge that in practice it is difficult to denounce a violation of an economic or social right before a court of law. In other words, their justiciability is a matter of debate and dispute. Do economic and social rights only exist on paper as part of treaties and constitutions to which governments pay lip-service? Can they really mean something in practice for those who want to invoke these rights before the courts? How do courts reason in such cases? These are some of the questions that were discussed at a seminar organised by th

Product Details

ISBN:
9789050955829
Publisher:
Intersentia
Subject:
Human Rights
Editor:
Coomans, F.
Author:
Coomans, F.
Subject:
Judicial power
Subject:
General
Subject:
Law : General
Publication Date:
20060731
Binding:
TRADE PAPER
Language:
English
Pages:
452

Related Subjects

History and Social Science » Law » General

Justiciability of Economic and Social Rights: Experiences from Domestic Systems New Trade Paper
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Product details 452 pages Intersentia - English 9789050955829 Reviews:
"Synopsis" by , International human rights law and many domestic legal systems provide for the protection of economic and social rights, such as the right to health, housing, food and labour-related rights. For many years the inferior status of economic and social rights, compared to civil and political rights, has had a negative impact on the possibilities to claim effective protection of these rights both at the international and domestic level. It is a matter of common knowledge that in practice it is difficult to denounce a violation of an economic or social right before a court of law. In other words, their justiciability is a matter of debate and dispute. Do economic and social rights only exist on paper as part of treaties and constitutions to which governments pay lip-service? Can they really mean something in practice for those who want to invoke these rights before the courts? How do courts reason in such cases? These are some of the questions that were discussed at a seminar organised by th
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