Social Rights Jurisprudence: Emerging Trends in International and Comparative Law

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In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the prevention of forced evictions to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights but also challenges the philosophical debates that question whether these rights can and should be justiciable.
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Editorial Reviews

From the Publisher
"This book provides eloquent testimony to the fact that the debate about the justiciability of social rights has come of age."
—Philip Alston, Professor of Law at the New York University School of Law
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Product Details

  • ISBN-13: 9780521678056
  • Publisher: Cambridge University Press
  • Publication date: 2/28/2009
  • Edition description: New Edition
  • Pages: 704
  • Product dimensions: 6.90 (w) x 9.90 (h) x 1.10 (d)

Meet the Author

Malcolm Langford is Research Fellow and Director of the Human Rights and Development Research Group at the Norwegian Centre on Human Rights at the University of Oslo. With numerous articles and books on human rights, economics, and law, he is a recognized expert in the field of economic, social, and cultural rights. He advises a wide range of UN agencies on human rights and development issues and has drafted a number of key international standards. He previously worked at the Geneva-based Centre on Housing Rights and Eviction (COHRE), where he founded an international litigation program.

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Table of Contents

Foreword Philip Alston Alston, Philip

Pt. 1 Overview

1 The Justiciability of Social Rights: From Practice to Theory Malcolm Langford Langford, Malcolm 3

2 The Challenges of Crafting Remedies for Violations of Socio-Economic Rights Kent Roach Roach, Kent 46

3 The Right to Legal Aid in Social Rights Litigation Andrea Durbach Durbach, Andrea 59

Pt. 2 Select National Jurisdictions

4 South Africa Sandra Liebenberg Liebenberg, Sandra 75

5 India S. Muralidhar Muralidhar, S. 102

6 South Asia Iain Byrne Byrne, Iain Sara Hossain Hossain, Sara 125

7 Colombia Magdalena Sepulveda Sepulveda, Magdalena 144

8 Argentina Christian Courtis Courtis, Christian 163

9 Brazil Flavia Piovesan Piovesan, Flavia 182

10 Venezuela Enrique Gonzalez Gonzalez, Enrique 192

11 Canada Martha Jackman Jackman, Martha Bruce Porter Porter, Bruce 209

12 The United States Cathy Albisa Albisa, Cathy Jessica Schultz Schultz, Jessica 230

13 Hungary Malcolm Langford Langford, Malcolm 250

14 France Laurent Pech Pech, Laurent 267

15 United Kingdom Jeff A. King King, Jeff A. 276

16 Ireland Aoife Nolan Nolan, Aoife 295

Pt. 3 Regional Procedures and Jurisprudence

17 African Regional Human Rights System Danwood Mzikenge Chirwa Chirwa, Danwood Mzikenge 323

18 The Inter-American Commission on Human Rights Tara J. Melish Melish, Tara J. 339

19 The Inter-American Court of Human Rights Tara J. Melish Melish, Tara J. 372

20 European Court of Human Rights Luke Clements Clements, Luke Alan Simmons Simmons, Alan 409

21 The European Committee of Social Rights Urfan Khaliq Khaliq, Urfan Robin Churchill Churchill, Robin 428

22 European Court of Justice Philippa Watson Watson, Philippa 453

Pt. 4International Human Rights Procedures and Jurisprudence

23 Committee on Economic, Social and Cultural Rights Malcolm Langford Langford, Malcolm Jeff A. King King, Jeff A. 477

24 Committee on the Elimination of Racial Discrimination Nathalie Prouvez Prouvez, Nathalie 517

25 Human Rights Committee Martin Scheinin Scheinin, Martin 540

26 Committee on the Elimination of Discrimination Against Women Leilani Farha Farha, Leilani 553

27 Committee on the Rights of the Child Geraldine Van Bueren Van Bueren, Geraldine 569

Pt. 5 Special Topics

28 The International Labour Organisation Colin Fenwick Fenwick, Colin 591

29 Liability of Multinational Corporations Sarah Joseph Joseph, Sarah 613

30 The World Bank Inspection Panel Dana Clark Clark, Dana 628

Notes on Contributors 641

Table of Authorities 649

Index 677

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