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Author: Frank Haldemann
Publisher:
ISBN:
Category :
Languages : en
Pages : 15
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Book Description
The article provides a critical analysis of what it calls the 'ESC rights thesis' as advanced by Louise Arbour in a much-noticed paper published in 2007 - the claim that economic, social and cultural rights (such as the right to food, housing, healthcare, education) should be treated as an integral part of, rather than a peripheral diversion from, the transitional justice agenda. In addressing this thesis, the article takes up a series of objections that may be raised against such arguments and asks whether and how these objections may be met or avoided. While sympathising with the idea that ESC rights are integral rather than marginal to the transitional justice project, the article warns against getting wrapped up in a kind of 'absolutist' human rights rhetoric that tends to obscure, rather than illuminate, the hard choices of transitional governance and ultimately inhibit the art of compromise and broader dialogue about what is realistically achievable, here and now.
Author: Frank Haldemann
Publisher:
ISBN:
Category :
Languages : en
Pages : 15
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Book Description
The article provides a critical analysis of what it calls the 'ESC rights thesis' as advanced by Louise Arbour in a much-noticed paper published in 2007 - the claim that economic, social and cultural rights (such as the right to food, housing, healthcare, education) should be treated as an integral part of, rather than a peripheral diversion from, the transitional justice agenda. In addressing this thesis, the article takes up a series of objections that may be raised against such arguments and asks whether and how these objections may be met or avoided. While sympathising with the idea that ESC rights are integral rather than marginal to the transitional justice project, the article warns against getting wrapped up in a kind of 'absolutist' human rights rhetoric that tends to obscure, rather than illuminate, the hard choices of transitional governance and ultimately inhibit the art of compromise and broader dialogue about what is realistically achievable, here and now.
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 68
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Book Description
The failure to fulfil economic, social and cultural rights and the outright violation of these rights are often at the root of conflict. Furthermore, the actions and omissions by States and non-State actors during conflict can also amount to violations of economic, social and cultural rights, and particularly affect the most vulnerable. Yet, there has been no widespread move in transitional justice processes to examine the root causes of the conflict or to look into violations of economic, social and cultural rights. The Office of the United Nations High Commissioner for Human Rights has explored in greater depth the ways in which transitional justice processes have addressed or could address violations of economic, social and cultural rights. This publication presents the outcome of that work.
Author:
Publisher:
ISBN: 9789210565073
Category : Human rights
Languages : en
Pages : 0
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Book Description
Introduction -- Conceptual framework -- Addressing economic, social and cultural rights in societies in transition -- Conclusions
Author: Pablo De Greiff
Publisher:
ISBN: 9780979077296
Category : Developing countries
Languages : en
Pages : 0
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Book Description
As developing societies emerge from legacies of conflict and authoritarianism, they are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. These countries also tend to propagate massive human rights violations, which displace victims who are marginalized, handicapped, widowed, and orphaned--in other words, people with strong claims to justice. Those who work with others to address development and justice often fail to supply a coherent response to these concerns. The essays in this volume confront the intricacies--and interconnectedness--of transitional governance issues head on, mapping the relationship between two fields that, academically and in practice, have grown largely in isolation of one another. The result of a research project conducted by the International Center for Transitional Justice (ICTJ), this book explains how justice and recovery can be aligned not only in theory but also in practice, among both people and governments as they reform.
Author: Laura García Martín
Publisher: Routledge
ISBN: 1000497259
Category : Business & Economics
Languages : en
Pages : 227
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Book Description
This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.
Author: Daniela Paulina Méndez Royo
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Ajeng Larasati
Publisher:
ISBN:
Category :
Languages : en
Pages : 134
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Book Description
Author: Nisha Pandey
Publisher:
ISBN:
Category :
Languages : en
Pages : 116
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Book Description
Author: Eibe H. Riedel
Publisher:
ISBN: 0199685975
Category : Law
Languages : en
Pages : 561
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Book Description
Economic, social, and cultural rights are protected by an international covenant, recently amended by the optional protocol which allows individuals to bring rights violations before a UN committee. This book addresses how successfully these rights are implemented and safeguarded worldwide, assessing the key challenges to their protection.
Author: Colleen Murphy
Publisher: Cambridge University Press
ISBN: 1108228607
Category : Law
Languages : en
Pages : 233
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Book Description
Many countries have attempted to transition to democracy following conflict or repression, but the basic meaning of transitional justice remains hotly contested. In this book, Colleen Murphy analyses transitional justice - showing how it is distinguished from retributive, corrective, and distributive justice - and outlines the ethical standards which societies attempting to democratize should follow. She argues that transitional justice involves the just pursuit of societal transformation. Such transformation requires political reconciliation, which in turn has a complex set of institutional and interpersonal requirements including the rule of law. She shows how societal transformation is also influenced by the moral claims of victims and the demands of perpetrators, and how justice processes can fail to be just by failing to foster this transformation or by not treating victims and perpetrators fairly. Her book will be accessible and enlightening for philosophers, political and social scientists, policy analysts, and legal and human rights scholars and activists.
