Social rights protection under the ICESCR and its Optional Protocol – the role of the Committee on Economic, Social and Cultural Rights

2020 ◽  
pp. 90-110
Author(s):  
Zdzisław (Dzidek) Kędzia
Keyword(s):  
Social Rights ◽  
Cultural Rights ◽  
Rights Protection ◽  
Optional Protocol

The Power to Judge, the Power to Act: the Argentine Supreme Court as a Policymaker

2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Mario Campora
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Supreme Court ◽  
Public Policies ◽  
Global South ◽  
Social Rights ◽  
Constitutional Courts ◽  
Cultural Rights ◽  
Implementation Stage

AbstractEven though the role of courts to enforce economic, social and cultural rights through structural remedies is well established, the implementation stage of rulings following successful litigation seems to be an area of research still in the making. In the Global South, certain constitutional courts have taken on such litigation as a way to advance economic and social rights. The Judiciary Power thus became a key actor in the framing and execution of public policies. This paper examines how the Argentine Supreme Court has intervened after 2001 in public policies regarding the enforcement of social security, environmental and human rights.

The Covenants

2019 ◽  
pp. 396-412
Author(s):  
Bertrand G. Ramcharan
Keyword(s):  
Human Rights ◽  
Preventive Measures ◽  
Social Rights ◽  
Political Rights ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Rights Protection ◽  
Universal Language ◽  
National Human ◽  
Treaty Body

The adoption of the International Covenants on Civil and Political Rights and Economic and Social Rights in 1966 heralded a new international order grounded in human dignity and freedom. They have contributed to the emergence of a common universal language of human rights and offered a protection shield to millions of people worldwide. However, ideals of the UN Charter, of the 1948 Universal Declaration of Human Rights and of the Covenants are widely flouted. In calling for a modernized approach to human rights protection, this chapter calls for moving beyond a formal, diplomatic ritualism. The concrete application of the Covenants requires that states adhere to their reporting obligations under the treaties, that the treaty body mechanisms pay more attention in the future to urgent, preventive measures to the poorest and most vulnerable sections of population and that national human rights mechanisms be created in each state with the capacity to effectively promote and protect human rights. In doing so, greater attention must be placed on economic, social, and cultural rights.

scholarly journals THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS: A NEW INSTRUMENT TO ADDRESS HUMAN RIGHTS VIOLATIONS

2015 ◽  
Vol 16 (2) ◽  
pp. 295-302
Author(s):  
Christian Courtis
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Social Rights ◽  
Cultural Rights ◽  
Optional Protocol ◽  
New Instrument ◽  
Potential Use

The article discusses the adoption of the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights as a means to obtain redress for violations against economic, social and cultural rights in the international sphere – including its potential use for the consideration of the violation of extraterritorial obligations.Keywords: Human rights. Social rights. Violations. Optinal protocol.

scholarly journals Violações aos direitos humanos dos trabalhadores e os sistemas regionais de proteção

2018 ◽  
Vol 19 (1) ◽  
pp. 87-112
Author(s):  
Flávia Cristina Piovesan ◽  
Regeane Bransin Quetes ◽  
Miriam Olivia Knopik Ferraz
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Labor Rights ◽  
Social Rights ◽  
International Protection ◽  
Essential Condition ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Systems

Resumo: Neste artigo teve-se como objetivo a análise da violação dos direitos humanos dos trabalhadores e o papel dos sistemas regionais de proteção. A metodologia foi o exame da jurisprudência do sistema Interamericano, o sistema Europeu e o sistema Africano dentro de uma perspectiva que buscou a análise a partir da universalidade e indivisibilidade dos direitos humanos, bem como de multifuncionalidade e dupla titularidade dos direitos humanos fundamentais. Por meio da análise dos casos que são direcionados à proteção e direitos trabalhistas, observou-se que os sistemas, ainda, não são harmônicos quanto à jurisprudência trabalhista. Os sistemas Interamericano e Europeu fundamentam suas decisões pelos direitos individuais, usando uma interpretação extensiva, permitindo o entendimento da multifuncionalidade, da dupla titularidade e da interdependência dos direitos. No sistema Africano, direitos civis e sociais foram contemplados num mesmo patamar, mas ainda é preciso aguardar uma postura menos formalista do sistema para que conclusões possam ser tomadas. Espera-se que tais sistemas tenham a capacidade de avançar na proteção mais plena e efetiva dos direitos trabalhistas – condição essencial à própria prevalência da dignidade humana.Palavras-chave: Sistema de proteção de direitos humanos. Direitos humanos dos trabalhadores. Direitos sociais. Proteção internacional. Direitos fundamentais. Abstract: The objective of this article was to analyze the violation of workers' human rights and the role of regional protection systems. The methodology was the examination of the jurisprudence of the Inter-American system, the European system and the African system, from a perspective that sought the analysis from the universality and indivisibility of human rights, as well as multifunctionality and dual ownership of fundamental human rights. Through the analysis of the cases that are directed to the protection and labor rights, it was observed that the systems are still not harmonious regarding labor jurisprudence. The Inter-American and European systems base their decisions on individual rights, using an extensive interpretation, allowing the understanding of multifunctionality, dual ownership and the interdependence of rights. In the African system, civil and social rights were on the same footing, but we still have to wait for a less formalist stance of the system in order to reach conclusions. Such systems are expected to have the potential to advance the fullest and most effective protection of labor rights - an essential condition for the very prevalence of human dignity.Keywords: Human rights protection system. Human rights of workers. Social rights. International protection. Fundamental rights.

scholarly journals The Protection of Economic, Social and Cultural Rights in International Law

2019 ◽  
Vol 5 (2) ◽  
pp. 222
Author(s):  
Hennie Strydom
Keyword(s):  
Human Rights ◽  
International Law ◽  
Main Part ◽  
Cultural Rights ◽  
Optional Protocol ◽  
Human Rights Council ◽  
Un Security Council ◽  
State Obligations ◽  
Enforcement Mechanisms

This contribution commences with a brief overview of the origin of economic, social and cultural rights and their eventual codification in the 1966 International Covenant on Economic, Social and Cultural Rights. The main part then focuses, firstly, on the nature and scope of state obligations for the realization of Covenant rights and the enforcement mechanisms created under the Covenant and its Optional Protocol, and secondly, on the role of the UN Human Rights Council and the UN Security Council. In the conclusion, three contemporary developments are highlighted which could open up new areas in which economic, social and cultural rights could find further application.

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

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.

The Role of Nurses in the Implementation of Patient Safety and Protection of Patient Rights at the Rahayu Yakkum Purwodadi Hospital

SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 254
Author(s):  
Christina Nur Widayati ◽  
Endang Wahyati Yustina ◽  
Hadi Sulistyanto
Keyword(s):  
Health Care ◽  
Patient Safety ◽  
Codes Of Conduct ◽  
Rights Protection ◽  
Patient’S Rights ◽  
Nurses Role ◽  
The Republic ◽  
The Right ◽  
Service Standards

Patient Safety was the right of a patient who was receiving health care. A nurse was one of the health professionals in a hospital having a very important role in realizing Patient Safety. In realizing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had involved the role of the nurses. In carrying out their role the nurses could support the protection of the patient’s rights. The nurses performed health care by conducting six Patient Safety goals that were based on professional standards, service standards and codes of conduct so that the Patient Safety would be realized.This research applied a socio-legal approach to having analytical-descriptive specifications. The data used were primary and secondary those were gathered by field and literature studies. The field study was conducted by having interviews to, among others, the Director of Panti Rahayu Yakkum Hospital of Purwodadi, Head of Room and Chairman of Patient Safety Committee, nurses and patients. The data were then qualitatively analyzed.The arrangement of nurses’ role in implementing Patient Safety and the patient’s rights protection was based on the Constitution of the Republic of Indonesia of 1945, Health Act, Hospital Act, Labor Act, and Nursing Act. These bases made the hospital obliged to implement Patient Safety. The regulations leading the hospital to provide Patient Safety were Health Minister’s Regulation Nr. 11 of 2017 on Patient Safety, Statute of Panti Rahayu Yakkum Hospital of Purwodadi (Hospital ByLaws), Internal Nursing Staff ByLaws. In implementing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had established a committee of Patient Safety team consisting of the nurses that would implement six targets of Patient Safety. Actually, the Patient Safety implementation had been accomplished but it had not been optimally done because of several factors, namely juridical, social and technical factors. The supporting factors in influencing the implementation were, among others, the establishment of the Patient Safety team that had been well socialized whereas the inhibiting factors were limitedness of time and funds to train the nurses besides the operational procedure standard (OPS) that was still less understood. Lack of learning motivation among the nurses also appeared as an inhibiting factor in understanding Patient Safety implementation.

Some Comments on the Highest Attainable Standard of Health

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.

From Market Access to Cumulative Innovation

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Market Access ◽  
Step Test ◽  
Property Law ◽  
Intellectual Property Law ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
Production Output

This chapter argues for a reinvigorated role of the market access doctrine and references a number of important antitrust and intellectual property law decisions in which courts have given priority to market access. It finds a novel function for market access to play within antitrust and intellectual property law liability: courts that grant plaintiffs access to a defendant’s production output should refer to a three-step test under which they inquire (1) whether the inventor, through first-mover advantages, has reaped a sufficient reward such that contractual or intellectual property rights protection would no longer be required to facilitate innovation, (2) whether competitors were able to challenge the proprietary platform’s position in the market without the possibility of granting access, and (3) whether competitors seeking to benefit from market access will make use of it to facilitate the introduction of new goods rather than merely to copy the initial invention.

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