Author: Catarina de Albuquerque
Publisher: PULP
ISBN: 192053850X
Category : Human rights
Languages : en
Pages : 404

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Author: Ben Saul
Publisher: Oxford University Press
ISBN: 0199640300
Category : Law
Languages : en
Pages : 1358

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"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.

Author: Matthew Groves
Publisher: Bloomsbury Publishing
ISBN: 1509919821
Category : Law
Languages : en
Pages : 503

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Book Description
How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.

Author: Ann R. Taket
Publisher: Routledge
ISBN: 0415613744
Category : Health & Fitness
Languages : en
Pages : 226

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Book Description
"Important links between health and human rights are increasingly being recognised and human rights can be viewed as one of the social determinants of health. Furthermore, a human rights framework provides an excellent foundation for advocacy on health inequalities, a value-based alternative to views of health as a commodity, and the opportunity to move away from public health action being based on charity. This text aims to demystify the complexity of systems for the protection and promotion of human rights globally, regionally and nationally. It explores the use and usefulness of rights-based approaches as an important part of the tool-box available to health and welfare professionals and community members working in a variety of settings to improve health and reduce health inequities. Global in its scope, Health Equity, Social Justice and Human Rights presents examples from all regions of the world to illustrate the successful use of human rights approaches in fields such as HIV/AIDS, improving accessibility to essential drugs, reproductive health, women's health, and improving the health of marginalised and disadvantaged groups. Understanding human rights and their interrelationships with health and health equity is essential for public health and health promotion practitioners, as well as being important for a wide range of other health and social welfare professionals. This text is valuable reading for students, practitioners and researchers concerned with combating health inequalities and promoting social justice"--Provided by publisher.

Author: Fiona McKay
Publisher: Routledge
ISBN: 1000055973
Category : Social Science
Languages : en
Pages : 266

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Book Description
Important links between health and human rights are increasingly recognised, and human rights can be viewed as one of the social determinants of health. A human rights framework provides an excellent foundation for advocacy on health inequalities, a value-based alternative to views of health as a commodity, and an opportunity to move away from public health action being based on charity. This text demystifies systems set up for the protection and promotion of human rights globally, regionally, and nationally. It explores the use and usefulness of rights-based approaches as an important part of the toolbox available to health and welfare professionals and community members working in a variety of settings to improve health and reduce health inequities. Global in its scope, Health Equity, Social Justice, and Human Rights presents examples from all over the world to illustrate the successful use of human rights approaches in fields such as HIV/AIDS, improving access to essential drugs, reproductive health, women’s health, and improving the health of marginalised and disadvantaged groups. Understanding human rights and their interrelationships with health and health equity is essential for public health and health promotion practitioners, as well as being important for a wide range of other health and social welfare professionals. This text is valuable reading for students, practitioners, and researchers concerned with combating health inequalities and promoting social justice.

Author: Manisuli Ssenyonjo
Publisher: Bloomsbury Publishing
ISBN: 1509900837
Category : Law
Languages : en
Pages : 1006

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Book Description
Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these 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, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; 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; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.

Author: Anita Mackay
Publisher: ANU Press
ISBN: 1760464015
Category : Law
Languages : en
Pages : 368

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Book Description
Imprisoned people have always been vulnerable and in need of human rights protections. The slow but steady growth in the protection of imprisoned people’s rights over recent decades in Australia has mostly come from incremental change to prison legislation and common law principles. A radical influence is about to disrupt this slow change. Australian prisons and other closed environments will soon be subject to international inspections by the United Nations Subcommittee on the Prevention of Torture (SPT). This is because the Australian Government ratified the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in December 2017. Australia’s international human rights law obligations as they apply to prisons are complex and stem from multiple Treaties. This book distils these obligations into five prerequisites for compliance, consistent with the preventive focus of the OPCAT. They are: reduce reliance on imprisonment align domestic legislation with Australia’s international human rights law obligations shift the focus of imprisonment to the goal of rehabilitation and restoration support prison staff to treat imprisoned people in a human rights–consistent manner ensure decent physical conditions in all prisons. Attention to each of these five areas will help all levels of Australian government and prison managers take the steps required to move towards compliance. Human-rights led prison reform is necessary both to improve the lives of imprisoned people and for Australia to achieve compliance with the international human rights legal obligations to which it has voluntarily committed itself.

Author: Robert Howse
Publisher:
ISBN: 9783898926621
Category :
Languages : en
Pages : 31

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Book Description
The legal, institutional and policy cultures of international human rights law and of international trade, financial and investment law have developed largely in isolation from one another. At the same time, as a matter of international law, both the International Covenant on Economic, Social and Economic Rights (ICESCR) and the World Trade Organization (WTO) are, in the first instance, treaty regimes. Treaty norms in the ICESCR have an equal legal status to those in the WTO. A large majority of states are signatories to both the core WTO treaties (the so-called Covered Agreements) and the ICESCR. Reconstructing globalization on the basis of a human rights consciousness, and in particular with a view to fully realizing the vision of the ICESCR is a daunting task, which would need to engage many policy disciplines and many institutions. A short to medium term strategy is needed to identify some fairly precise and specific interconnections between the legal concepts and doctrines in the treaty texts of both regimes. As international lawyers whose collective expertise extends across both regimes, the authors conceive the challenge as a legal question of the interaction of treaty norms. The authors focus on those aspects of economic, social and cultural rights that are most directly linked to human security, a fundamental value also acknowledged in various ways in the WTO Agreements and their interpretation. Accordingly, they examine aspects of the right to work, the right to health and the right to food and the impact of WTO rules and their interpretation..

Author: Russell Solomon
Publisher: Springer Nature
ISBN: 9811600333
Category : Political Science
Languages : en
Pages : 291

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Book Description
This book is a contemporary socio-legal study of Australia’s protection of economic and social rights. Despite Australia’s hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia’s compliance across the policy areas of health, housing, labour and social security, it is argued that Australia’s failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.

Author: Ben Saul
Publisher: OUP Oxford
ISBN: 0191663328
Category : Law
Languages : en
Pages : 1358

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Book Description
Economic, social and cultural rights are finally coming of age. This book brings together all essential documents, materials, and case law relating to the International Covenant on Economic, Social and Cultural Rights (ICESCR) - one of the most important human rights instruments in international law - and its Optional Protocol. This book presents extracts from primary materials alongside critical commentary and analysis, placing the documents in their wider context and situating economic, social, and cultural rights within the broader human rights framework. There is increasing interest internationally, regionally, and in domestic legal systems in the protection of economic, social, and cultural rights. The Optional Protocol of 2008 allows for individual communications to be made to the UN Committee on Economic, Social and Cultural Rights after its entry into force in 2013. At the regional level, socio-economic rights are well embedded in human rights systems in Europe, Africa and the Americas. At the national level, constitutions and courts have increasingly regarded socio-economic rights as justiciable, narrowing the traditional divide with civil and political rights. This book contextualises these developments in the context of the ICESCR. It provides detailed analysis of the ICESCR structured around its articles, drawing on national as well as international case law and materials, and containing all of the key primary materials in its extensive appendices. This book is indispensible for the judiciary, human rights practitioners, government legal advisers and agencies, national human rights institutions, international organisations, regional human rights bodies, NGOs and human rights activists, academics, and students alike.