Author: Isabelle Boivin
Publisher:
ISBN:
Category : Civil rights
Languages : fr
Pages : 252
Book Description
"This thesis asks the following fundamental question: to what extent can economic and social rights be made effective through law? Because this question touches at once upon the effectiveness of these rights and on their status as norms of positive law, attempting to answer it requires first, an openness to other disciplines, and subsequently, to the question of the respect and control of these norms, namely that of sanction. From the outset, a preliminary and multidisciplinary analysis of the issue of contemporary poverty hints at an undeniable deviation with "pure legal theory". Moreover, economic and social rights are becoming more and more tangible in national legislation and more frequently invoked before the court (who is turn are showing a growing openness). 'Hard law' does have a place in this implementation, notably a symbolic one. Thus, the first part is dedicated to the determination of the role of 'hard law' as well as to the relevance of judicial activism. Given the limitations of 'hard law', the second part examines the issue of alternate courses of State action as opposed to any other demands for rights. Two forms of 'soft' and 'reflexive' law will then be examined in the interest of rendering economic and social rights effective: respectively from within the State, and from outside its framework. First, strategic planning (accompanied by outcome-based management) may serve to coordinate the State apparatus in the struggle against poverty. In what concerns the role of law at a societal level and in the context of a complex society, societal guidance will be preferred to impose strategic planning. In this way, it will be possible to shed light on other forms of sanction, which may be complimentary to legal ones. Finally, it is necessary to establish certain control and follow-up mechanisms of this category of rights, more relevant and innovative in order to garner a greater effectiveness of economic and social rights." --
Rendre effectifs les droits économiques et sociaux par le droit
Author: Isabelle Boivin
Publisher:
ISBN:
Category : Civil rights
Languages : fr
Pages : 252
Book Description
"This thesis asks the following fundamental question: to what extent can economic and social rights be made effective through law? Because this question touches at once upon the effectiveness of these rights and on their status as norms of positive law, attempting to answer it requires first, an openness to other disciplines, and subsequently, to the question of the respect and control of these norms, namely that of sanction. From the outset, a preliminary and multidisciplinary analysis of the issue of contemporary poverty hints at an undeniable deviation with "pure legal theory". Moreover, economic and social rights are becoming more and more tangible in national legislation and more frequently invoked before the court (who is turn are showing a growing openness). 'Hard law' does have a place in this implementation, notably a symbolic one. Thus, the first part is dedicated to the determination of the role of 'hard law' as well as to the relevance of judicial activism. Given the limitations of 'hard law', the second part examines the issue of alternate courses of State action as opposed to any other demands for rights. Two forms of 'soft' and 'reflexive' law will then be examined in the interest of rendering economic and social rights effective: respectively from within the State, and from outside its framework. First, strategic planning (accompanied by outcome-based management) may serve to coordinate the State apparatus in the struggle against poverty. In what concerns the role of law at a societal level and in the context of a complex society, societal guidance will be preferred to impose strategic planning. In this way, it will be possible to shed light on other forms of sanction, which may be complimentary to legal ones. Finally, it is necessary to establish certain control and follow-up mechanisms of this category of rights, more relevant and innovative in order to garner a greater effectiveness of economic and social rights." --
Publisher:
ISBN:
Category : Civil rights
Languages : fr
Pages : 252
Book Description
"This thesis asks the following fundamental question: to what extent can economic and social rights be made effective through law? Because this question touches at once upon the effectiveness of these rights and on their status as norms of positive law, attempting to answer it requires first, an openness to other disciplines, and subsequently, to the question of the respect and control of these norms, namely that of sanction. From the outset, a preliminary and multidisciplinary analysis of the issue of contemporary poverty hints at an undeniable deviation with "pure legal theory". Moreover, economic and social rights are becoming more and more tangible in national legislation and more frequently invoked before the court (who is turn are showing a growing openness). 'Hard law' does have a place in this implementation, notably a symbolic one. Thus, the first part is dedicated to the determination of the role of 'hard law' as well as to the relevance of judicial activism. Given the limitations of 'hard law', the second part examines the issue of alternate courses of State action as opposed to any other demands for rights. Two forms of 'soft' and 'reflexive' law will then be examined in the interest of rendering economic and social rights effective: respectively from within the State, and from outside its framework. First, strategic planning (accompanied by outcome-based management) may serve to coordinate the State apparatus in the struggle against poverty. In what concerns the role of law at a societal level and in the context of a complex society, societal guidance will be preferred to impose strategic planning. In this way, it will be possible to shed light on other forms of sanction, which may be complimentary to legal ones. Finally, it is necessary to establish certain control and follow-up mechanisms of this category of rights, more relevant and innovative in order to garner a greater effectiveness of economic and social rights." --
Rendre effectifs les droits conomiques et sociaux par le droit
Author: Isabelle Boivin
Publisher:
ISBN:
Category :
Languages : fr
Pages :
Book Description
Publisher:
ISBN:
Category :
Languages : fr
Pages :
Book Description
Author:
Publisher: Editions Bréal
ISBN: 2749523117
Category :
Languages : en
Pages : 291
Book Description
Publisher: Editions Bréal
ISBN: 2749523117
Category :
Languages : en
Pages : 291
Book Description
Le système interaméricain comme régime régional de protection internationale des droits de l'homme
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028604865
Category : Law
Languages : en
Pages : 428
Book Description
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028604865
Category : Law
Languages : en
Pages : 428
Book Description
Texas International Law Journal
Author:
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 620
Book Description
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 620
Book Description
Le Droit à la santé en tant que droit de l'homme
Author: René Jean Dupuy
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028610286
Category : Law
Languages : fr
Pages : 524
Book Description
Juridique by M. Bothe.
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028610286
Category : Law
Languages : fr
Pages : 524
Book Description
Juridique by M. Bothe.
Les droits économiques, sociaux et culturels en Afrique au XXIe siècle
Author: Fidèle-Pierre Nze-Nguema
Publisher: Panafrika/Silex/Nouvelles du Sud
ISBN:
Category : Africa
Languages : fr
Pages : 300
Book Description
Publisher: Panafrika/Silex/Nouvelles du Sud
ISBN:
Category : Africa
Languages : fr
Pages : 300
Book Description
L'Adaptation Des Structures Et Méthodes Des Nations Unies
Author: Daniël Bardonnet
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024734412
Category : Political Science
Languages : fr
Pages : 452
Book Description
Conference report, UN, UN and specialized agencies, institutional framework - international law, comments, economic role and social role of UN, role of UN in dispute settlement of international conflicts and in the promotion of human rights and of New International Economic Order, decision making, bureaucracy, administrative aspects, multilateral diplomacy, future. List of participants. References.
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024734412
Category : Political Science
Languages : fr
Pages : 452
Book Description
Conference report, UN, UN and specialized agencies, institutional framework - international law, comments, economic role and social role of UN, role of UN in dispute settlement of international conflicts and in the promotion of human rights and of New International Economic Order, decision making, bureaucracy, administrative aspects, multilateral diplomacy, future. List of participants. References.
Médicament, Économie Et Société
Author: Syndicat national de l'industrie pharmaceutique (France)
Publisher: John Libbey Eurotext
ISBN: 9782742000067
Category : Drugs
Languages : fr
Pages : 172
Book Description
Publisher: John Libbey Eurotext
ISBN: 9782742000067
Category : Drugs
Languages : fr
Pages : 172
Book Description
Lexicon Of Human Rights / Les Définitions des Droits de l'Homme
Author: Cédric Viale
Publisher: BRILL
ISBN: 9047431758
Category : Law
Languages : en
Pages : 528
Book Description
This volume contains terms often found in international human rights instruments together with clear, authentic, objective and easily understandable definitions of them. Human rights are so fundamental and so important for everyone that all human rights documents should be understood by anyone, old or young, educated or uneducated, expert or non-expert. Yet many human rights conventions, declarations, instruments and volumes and papers are extremely hard to comprehend or are easily misunderstood because certain expressions and terms are not clearly defined, or are written in such a way that only those familiar with UN jargon can understand. This publication is a useful tool for those who face such difficulty in understanding UN human rights documents and other texts. The volume is easy to use, yet rich in detail, and will be an indispensable tool for practitioners, researchers and students of human rights law.
Publisher: BRILL
ISBN: 9047431758
Category : Law
Languages : en
Pages : 528
Book Description
This volume contains terms often found in international human rights instruments together with clear, authentic, objective and easily understandable definitions of them. Human rights are so fundamental and so important for everyone that all human rights documents should be understood by anyone, old or young, educated or uneducated, expert or non-expert. Yet many human rights conventions, declarations, instruments and volumes and papers are extremely hard to comprehend or are easily misunderstood because certain expressions and terms are not clearly defined, or are written in such a way that only those familiar with UN jargon can understand. This publication is a useful tool for those who face such difficulty in understanding UN human rights documents and other texts. The volume is easy to use, yet rich in detail, and will be an indispensable tool for practitioners, researchers and students of human rights law.