Defending Economic, Social and Cultural Rights: Practical Issues Faced by an International Human Rights Organization

2004 ◽  
Vol 26 (1) ◽  
pp. 63-73 ◽  
Author(s):  
Kenneth Roth
2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Vasiliki Saranti

Economic, social and cultural rights have borne the brunt of the recent economic crisis and the austerity measures adopted to counter it. Due to their gradual implementation and the need of positive measures to implement them, they were the first to be attacked. After discussing the possible ways of applying economic, social and cultural rights in the first part of the essay, I will then examine their application during economic crises with a special reference to Greece focusing mainly on two fields, labour rights and social security rights, and the case-law produced by international human rights bodies in that respect.


Author(s):  
Julie Ringelheim

This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.


2020 ◽  
Vol 11 (2) ◽  
pp. 249-269
Author(s):  
Sarah Joseph

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.


2017 ◽  
Vol 8 (1) ◽  
Author(s):  
Diane F Frey

<p>The existence of a right to strike under international law has been challenged by the International Organization of Employers since the late 1980s. The employer group claims that no such right exists under international law and has been moving to undermine recognition of the right at the International Labour Organisation (ILO). This article examines the right to strike in international human rights law. It considers specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) and finds that the right to strike exists in both of these treaties. Further, the article demonstrates that while the ILO employers group may challenge the existence of the right to strike, its government members have overwhelmingly ratified international human rights treaties contradicting the employer group's position that there is no such right.</p>


Author(s):  
Emilie M. Hafner-Burton

This chapter reviews scholarly research on international human rights law, focusing on systematic studies that are based on historical statistics and carried out by social scientists. The systematic, scholarly study of international human rights law can be grouped into two main categories. First are studies on the process of international law, such as on how judges in human rights tribunals make decisions. Second are studies that look for relationships between the presence of law (and laws of different types) and actual changes in human behavior. The chapter concentrates on the second category of research and highlights its main weaknesses. It also discusses some of the findings of statistical research regarding civil and political rights as well as economic, social, and cultural rights. Finally, it examines the mechanisms of influence of the international human rights legal system.


2019 ◽  
pp. 407-438
Author(s):  
Gleider Hernández

This chapter addresses international human rights and refugee law. In 1948, the General Assembly adopted the famed Universal Declaration of Human Rights (UDHR). Many of its provisions have influenced the adoption of major multilateral treaties, or have come to reflect customary international law, at times through influencing the drafting of State constitutions. The UDHR has also been referred to by international courts to give weight, or to interpret, obligations contained in other treaties. Two overarching covenants were also adopted separately in 1966: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). In parallel with the emergence of human rights protection at the international level, several regional frameworks exist. The chapter then looks at the European, American, and African human rights conventions and accompanying institutions.


Author(s):  
Giovanni Farese

Chapter 8 provides a critical analysis of some of the difficulties experienced in attempting to promote the development of universal social and economic rights. It discusses the importance of ideology, human agency and power in the historical development of concepts of socio-economic rights in nation-states and then in international human rights mechanisms such as the International Covenant on Economic, Social and Cultural Rights (ICESCR). It also discusses contemporary attempts by NGOs and other campaigning organisations to develop internationally agreed sustainable development goals (SDGs) and to promote the recognition and realisation of universal socio-economic rights globally.


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