report-of-a-regional-seminar-on-economic-social-and-cultural-rights-abidjan-ctedivoire-912-march-1998-1999-241-pp

Ali Ezzatyar, The Last Mufti of Iranian Kurdistan: Ethnic and Religious Implications in the Greater Middle East. New York: Palgrave Macmillan, 2016. xv + 246 pp., (ISBN 978-1-137-56525-9 hardback).For a brief period in 1979, when the Kurds had begun confronting Iran’s new Islamic revolutionary regime and were voicing demands for autonomy and cultural rights, Ahmad Moftizadeh was one of the most powerful men in Iranian Kurdistan. He was the only Kurdish leader who shared the new regime’s conviction that a just social and political order could be established on the basis of Islamic principles. The other Kurdish movements were firmly secular, even though many of their supporters were personally pious Muslims.

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Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

African Journal of International and Comparative Law ◽

10.3366/ajicl.2020.0314 ◽

2020 ◽

Vol 28 (2) ◽

pp. 298-318

Author(s):

Roman Girma Teshome

Keyword(s):

Human Rights ◽

United Nations ◽

Comparative Study ◽

Economic Rights ◽

Regional Monitoring ◽

Cultural Rights ◽

The Past ◽

The United Nations ◽

To Receive

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

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The Minimum Core Obligations of Economic, Social, and Cultural Rights

10.1596/29145 ◽

2017 ◽

Cited By ~ 1

Author(s):

Kirsteen Shields

Keyword(s):

Cultural Rights

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Some Comments on the Highest Attainable Standard of Health

International conference KNOWLEDGE-BASED ORGANIZATION ◽

10.2478/kbo-2020-0065 ◽

2020 ◽

Vol 26 (2) ◽

pp. 134-140

Author(s):

Gabriela Belova ◽

Stanislav Pavlov

Keyword(s):

Health Resources ◽

Right To Health ◽

International Standards ◽

Special Rapporteur ◽

Health It ◽

Significant Development ◽

Cultural Rights ◽

Optional Protocol ◽

The Social ◽

The Right

AbstractThe last decades present a significant development of the economic, social and cultural rights and specifically, the right to health. Until 2000, the right to health has not been interpreted officially. By providing international standards, General Comment No.14 on the right to the Highest Attainable Standard of Health has led to wider agreement that the right to health includes the social determinants of health such as access to various conditions, services, goods or facilities that are crucial for its implementation. The Reports of the Special Rapporteur on the right to health within the UN human rights system have contributed to the process of gaining the greater clarity about the right to health. It is obvious that achieving the highest attainable level of health depends on the principle of progressive implementation and the availability of the necessary health resources. The possibility individual complaints to be considered by the Committee on Economic Social and Cultural Rights was introduced with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, entered into force in 2013.

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Proposing a Way to Develop the Substantive Content of the Right of Access to Adequate Housing: An Alternative to the Reasonableness Review Model

Southern African Public Law ◽

10.25159/2522-6800/3528 ◽

2017 ◽

Vol 30 (1) ◽

pp. 71-93

Author(s):

Gustav Muller

Keyword(s):

International Law ◽

Municipal Services ◽

International Convention ◽

Cultural Rights ◽

Substantive Content ◽

Convincing Case ◽

Close Proximity ◽

Review Model ◽

The Right ◽

Right Of Access

In this article an attempt is made to put forward a convincing case for giving substantive content to the right of access to adequate housing and looks towards relevant international law elaborations on the meaning of this right as contained in the International Convention on Economic, Social and Cultural Rights (ICESCR). It does so while being aware of the Constitutional Court’s prior rejection of an international law-based minimum core interpretation of the right and opting, instead, for the so-called model of reasonableness breview. Given that the court has so expressly taken and stuck to this stance, it is argued in the article that an international law-based substantive interpretation of the right is possible – given that South Africa has recently ratified the ICESCR – and that it is preferable given the shortfalls of the model of reasonableness review. The article further highlights what difference the preferred reading of section 26(1) would make as to how courts ‘interpret’ reasonableness, that is, how courts review compliance with section 26 at present if ‘adequate’ housing is understood as having security of tenure and access to basic municipal services; is affordable, habitable and accessible; is located in close proximity to social facilities; and is culturally adequate.

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