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Author: Margot E. Salomon
Publisher:
ISBN:
Category :
Languages : en
Pages : 30
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Book Description
Austerity measures in many European countries have led to the violation of social rights and widespread socio-economic malaise. In the case of countries subjected to conditionality imposed by external institutions for the receipt of loans, the resultant harms have highlighted responsibility gaps across a range of international institutions. Two recent legal developments come together to expose these gaps: Greece's argument in a series of cases under the European Social Charter that it was not responsible for the impact on the right to social security brought about by austerity measures since it was only giving effect to its other international obligations as agreed with the European Commission, the European Central Bank and the International Monetary Fund (the Troika), and the concern to emerge from the Pringle case before the European Court of Justice that European Union institutions could do outside of the EU that which they could not do within the EU - disregard the Charter of Fundamental Rights in the exercise of their tasks. That the Commission and ECB were in time answerable to international organisations set up to provide financial support adds an additional layer of responsibility to consider. Taking Greece as a case study and drawing on EU law, international human rights law, and the law on the international responsibility of states and of international organisations, this article looks to what we can expect in legal terms and as a matter of contemporary societal expectation when it comes to having international institutions respect human rights.
Author: Margot E. Salomon
Publisher:
ISBN:
Category :
Languages : en
Pages : 30
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Book Description
Austerity measures in many European countries have led to the violation of social rights and widespread socio-economic malaise. In the case of countries subjected to conditionality imposed by external institutions for the receipt of loans, the resultant harms have highlighted responsibility gaps across a range of international institutions. Two recent legal developments come together to expose these gaps: Greece's argument in a series of cases under the European Social Charter that it was not responsible for the impact on the right to social security brought about by austerity measures since it was only giving effect to its other international obligations as agreed with the European Commission, the European Central Bank and the International Monetary Fund (the Troika), and the concern to emerge from the Pringle case before the European Court of Justice that European Union institutions could do outside of the EU that which they could not do within the EU - disregard the Charter of Fundamental Rights in the exercise of their tasks. That the Commission and ECB were in time answerable to international organisations set up to provide financial support adds an additional layer of responsibility to consider. Taking Greece as a case study and drawing on EU law, international human rights law, and the law on the international responsibility of states and of international organisations, this article looks to what we can expect in legal terms and as a matter of contemporary societal expectation when it comes to having international institutions respect human rights.
Author: Eibe Riedel
Publisher: OUP Oxford
ISBN: 0191509582
Category : Law
Languages : en
Pages : 2883
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Book Description
Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.
Author: Andreas Fischer-Lescano
Publisher:
ISBN: 9783848712397
Category : Human rights
Languages : en
Pages : 95
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Book Description
Author: Valentina Della Fina
Publisher: Springer
ISBN: 3319437909
Category : Law
Languages : en
Pages : 776
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Book Description
This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.
Author: Aoife Nolan
Publisher: Cambridge University Press
ISBN: 131606137X
Category : Political Science
Languages : en
Pages : 413
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Book Description
The global financial and economic crises have had a devastating impact on economic and social rights. These rights were ignored by economic policy makers prior to the crises and continue to be disregarded in the current 'age of austerity'. This is the first book to focus squarely on the interrelationship between contemporary and historic economic and financial crises, the responses thereto, and the resulting impact upon economic and social rights. Chapters examine the obligations imposed by such rights in terms of domestic and supranational crisis-related policy and law, and argue for a response to the crises that integrates these human rights considerations. The expert international contributors, both academics and practitioners, are drawn from a range of disciplines including law, economics, development and political science. The collection is thus uniquely placed to address debates and developments from a range of disciplinary, geographical and professional perspectives.
Author: Rebecca Adami
Publisher: Routledge
ISBN: 1000418820
Category : Law
Languages : en
Pages : 188
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Book Description
This book provides a critical history of influential women in the United Nations and seeks to inspire empowerment with role models from bygone eras. The women whose voices this book presents helped shape UN conventions, declarations, and policies with relevance to the international human rights of women throughout the world today. From the founding of the UN up until the Latin American feminist movements that pushed for gender equality in the UN Charter, and the Security Council Resolutions on the role of women in peace and conflict, the volume reflects on how women delegates from different parts of the world have negotiated and disagreed on human rights issues related to gender within the UN throughout time. In doing so it sheds new light on how these hidden historical narratives enrich theoretical studies in international relations and global agency today. In view of contemporary feminist and postmodern critiques of the origin of human rights, uncovering women’s history of the United Nations from both Southern and Western perspectives allows us to consider questions of feminism and agency in international relations afresh. With contributions from leading scholars and practitioners of law, diplomacy, history, and development studies, and brought together by a theoretical commentary by the Editors, Women and the UN will appeal to anyone whose research covers human rights, gender equality, international development, or the history of civil society. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003036708, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: Gordon Brown
Publisher: Open Book Publishers
ISBN: 1783742216
Category : Political Science
Languages : en
Pages : 129
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Book Description
The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
Author: Baines, Donna
Publisher: Bristol University Press
ISBN: 152920867X
Category : Business & Economics
Languages : en
Pages : 364
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Book Description
Austerity was presented as the antidote to sluggish economies, but it has had far-reaching effects on jobs and employment conditions. With an international team of editors and authors from Europe, North America and Australia, this illuminating collection goes beyond a sole focus on public sector work and uniquely covers the impact of austerity on work across the private, public and voluntary spheres. Drawing on a range of perspectives, the book engages with the major debates surrounding austerity and neoliberalism, providing grounded analysis of the everyday experience of work and employment.
Author: Ben Clift
Publisher: Oxford University Press
ISBN: 0192542486
Category : Political Science
Languages : en
Pages : 272
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Book Description
This book explores the IMF's role within the politics of austerity by providing a path-breaking comprehensive analysis of how the IMF approach to fiscal policy has evolved since 2008, and how the IMF worked to alter advanced economy policy responses to the global financial crisis (GFC) and the Eurozone crisis. It updates and refines our understanding of how the IMF seeks to wield ideational power by analysing the Fund's post-crash their ability to influence what constitutes legitimate knowledge, and their ability fix meanings attached to economic policies within the social process of constructing economic orthodoxy.This book is interested in the politics of economic ideas, focused on the assumptive foundations of different approaches to economic policy, and how the interpretive framework through which authoritative voices evaluate economic policy is an important site of power in world politics. After establishing the internal conditions of possibility for new fiscal policy thinking to emerge and prevail, detailed case studies of IMF interactions with the UK and French governments during the Great Recession drill down into how Fund seeks to shape the policy possibilities of advanced economy policy-makers and account for the scope and limits of Fund influence. The Fund's reputation as a technocratic, scientific source of economic policy wisdom is important to for its intellectual authority. Yet, as this book demonstrates, the Fund makes normatively driven interventions in ideologically charged economic policy debates. The analysis reveals the malleability of conventional wisdoms about economic policy, and the processes of their social construction.
Author: Luke D. Graham
Publisher: Taylor & Francis
ISBN: 1000632547
Category : Law
Languages : en
Pages : 118
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Book Description
This book explores destitution from the perspective of international human rights law and, more specifically, economic, social, and cultural rights. The experience of destitution correlates to the non-realisation of a range of economic, social, and cultural rights. However, destitution has not been defined from this perspective. Consequently, the nexus between destitution and the denial of economic, social, and cultural rights remains unrecognised within academia and policy and practice. This book expressly addresses this issue and in so doing renders the nexus between destitution and the non-realisation of these rights visible. The book proposes a new human rights-based definition of destitution, composed of two parts. The rights which must be realised (the component rights) and the level of realisation of these rights which must be met (the destitution threshold) to avoid destitution. This human rights-based understanding of destitution is then applied to a UK case study to highlight the relationship between government policy and destitution, to illustrate how destitution manifests itself, and to make recommendations – founded upon engendering the realisation of economic, social, and cultural rights – aimed towards addressing destitution. This book will have global and cross-sectoral appeal to anti-poverty advocates, policy makers, as well as to researchers, academics and students in the fields of human rights law, poverty studies, and social policy.
