Social and economic rights in the Irish courts and the potential for constitutionalisation

2017 ◽  
Author(s):  
Claire-Michelle Smyth
Keyword(s):  
Economic Rights ◽  
Constitutional Order ◽  
Judicial Intervention ◽  
Personal Rights ◽  
The Status ◽  
Social And Economic Rights

Claire Michelle Smyth’s chapter examines the question of socio-economic rights in the Irish Constitution. She argues that it is possible to identify the avenues for constitutionalisation of socio-economic rights without the need for express incorporation by way of referendum. Beginning with an overview of the case which cements the status of social and economic rights in the Irish Constitutional order, this chapter examines the potential of reinvigorating the doctrine of unspecified rights, utilising the power of Article 45 and analysing the legitimacy of the Supreme Court’s reasoning to refuse judicial intervention. It concludes that Irish courts need to re-evaluate their stance and embrace the value of social and economic rights and to actively engage with their obligation to protect and vindicate the personal rights of the citizen.

The Importance of Convention Status: A Case Study of the UK

2001 ◽  
Vol 6 (1) ◽  
pp. 15-24 ◽  
Author(s):  
Alice Bloch
Keyword(s):  
Asylum Seekers ◽  
Economic Rights ◽  
The United Kingdom ◽  
The Social ◽  
The Status ◽  
The Uk ◽  
Refugees And Asylum Seekers ◽  
Social And Economic Rights

Convention status accords refugees social and economic rights and security of residence in European countries of asylum. However, the trend in Europe has been to prevent asylum seekers reaching its borders, to reduce the rights of asylum seekers in countries of asylum and to use temporary protection as a means of circumventing the responsibility of long-term resettlement. This paper will provide a case study of the United Kingdom. It will examine the social and economic rights afforded to different statuses in the areas of social security, housing, employment and family reunion. It will explore the interaction of social and economic rights and security of residence on the experiences of those seeking protection. Drawing on responses to the crisis in Kosovo and on data from a survey of 180 refugees and asylum seekers in London it will show the importance of Convention status and the rights and security the status brings.

Social and Economic Rights

2020 ◽  
pp. 189-219
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Health Care ◽  
Social Welfare ◽  
Parental Leave ◽  
Economic Rights ◽  
Right To Health Care ◽  
Healthy Environment ◽  
The Status ◽  
Consent To Treatment ◽  
The Right ◽  
Social And Economic Rights

This chapter focuses on four social and economic rights which have been invoked in relation to children before the European Court of Human Rights: the right to health care, the right to a healthy environment, the right to property, and the right to social welfare. In relation to health care, it considers issues concerning consent to treatment, immunisation and disease prevention, privacy, and medical negligence. The chapter then examines the issue of abortion, focusing on the status of the unborn children under the Convention, as well as the right to effective access to treatment. The right to a healthy environment is also analysed, although this issue has only been briefly considered in the context of children’s rights. Finally, the child’s right to property, in the context of misuse of property, inheritance rights, and child maintenance are considered, as well as social security and social welfare, including parental leave and allowances, and access to state benefits.

Refocusing International Law on the Quest for Accountability in Africa: The Case Against the “Other” Impunity

2002 ◽  
Vol 15 (4) ◽  
pp. 749-779 ◽  
Author(s):  
Paul D. Ocheje
Keyword(s):  
International Law ◽  
Criminal Court ◽  
International Human Rights Law ◽  
Political Rights ◽  
Public Officials ◽  
Economic Rights ◽  
The Status ◽  
The Face ◽  
Official Corruption ◽  
Social And Economic Rights

This article argues that the harrowing consequences of official corruption for African societies elevate corruption to the level of a breach of the social and economic rights recognized in international human rights law. Yet, unlike in the case of violation of civil and political rights, the principle of non-intervention in the internal affairs of sovereign states seems to provide a convenient excuse for the inaction of the international community in the face of egregious violation of social and economic rights. This inaction, the article argues, is part of the reason why corrupt public officials in Africa perpetrate graft and openly accumulate illicit gains at home and abroad without fear of punishment. The article, therefore, suggests two things: elevation of corruption to the status of a crime in positive international law, and expansion of the jurisdiction of the International Criminal Court to include official corruption and looting of public funds.

Part V Rights and Freedoms, B Rights and Freedoms under the Charter, Ch.40 Social and Economic Rights

2017 ◽  
Author(s):  
Jackman Martha ◽  
Porter Bruce
Keyword(s):  
Historical Context ◽  
Specific Reference ◽  
Constitutional Rights ◽  
Economic Rights ◽  
Legislative History ◽  
Cultural Rights ◽  
The Status ◽  
Negative Rights ◽  
History Of ◽  
Social And Economic Rights

This chapter examines the status of socio-economic rights in Canada and the competing constitutional visions that confront Canadian courts in this area. The chapter presents the historical context and legislative history of the Canadian Charter as a source of socio-economic rights protection. It describes the Supreme Court’s approach to the Charter in light of Canada’s international human rights obligations and considers sections 7 and 15 with specific reference to the positive versus negative rights debate to which social and economic rights claims have frequently given rise. The chapter discusses recent challenges in two of the most active areas of current socio-economic rights litigation in Canada: housing and health. The chapter concludes by referring to the recommendations of the UN Committee on Economic, Social and Cultural Rights for resolving the opposing paradigms that characterize this important area of constitutional rights.

Respect for the social and economic rights of citizens as an imperative to reduce poverty in the Khabarovsk territory

2020 ◽  
Vol 93 (4) ◽  
pp. 161-169
Author(s):  
I. I. Chesnitskiy ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
The State ◽  
Economic Rights ◽  
Priority Area ◽  
Regional State ◽  
The Social ◽  
The Russian Federation ◽  
A Priority ◽  
Social And Economic Rights

The article presents an analysis of the state and problems of implementing the socio-economic rights of population of the Khabarovsk territory as a priority area for reducing poverty. Attention of the authorities was drawn to the situation of poverty in a number of northern municipalities, where the population is experiencing difficulties in realizing their socio-economic rights due to the lack of jobs. Concern was expressed about the socio-economic rights of persons released from the places of deprivation of liberty. The Commissioner for human rights in the Khabarovsk territory, taking into account the study of situation in the region, sets out his vision for solving the problem of reducing poverty in the Khabarovsk territory and makes proposals that, in his opinion, can be used by the regional state authorities to achieve the indicators set by the President of the Russian Federation.

State, Islam, and Gender Politics

2017 ◽  
Keyword(s):  
Women's Rights ◽  
Socioeconomic Development ◽  
Women’S Rights ◽  
Dress Code ◽  
Main Site ◽  
Muslim Countries ◽  
Personal Rights ◽  
The Status ◽  
And Gender ◽  
Economy And Education

The existing literature on women’s rights and Islam falls short of addressing the relationship between the religious debate on women’s rights and the existing rules of law in Muslim-majority countries. This chapter will bridge this gap by analyzing the status of women in the legal systems of Egypt, Turkey, and Morocco. It will evaluate the influence of Islam on the shaping of these laws, compared to other factors like culture, socioeconomic development, and education. Except in marginal cases like Saudi Arabia or Afghanistan under the Taliban, women’s rights in politics, the economy, and education have advanced in all Muslim countries. But there are some limitations placed upon women’s rights using religious arguments. Everywhere, personal rights about family life, sexuality, and dress code remain discriminatory against women. In this regard, the woman’s body has become the main site of the politicization of Islam, by state and non-state actors alike.

A National Treasure? The Role of Civil Society in Promoting and Enforcing Human Rights in the United Kingdom

2020 ◽  
Author(s):  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Civil Society ◽  
Negative Attitude ◽  
Civil Society Organizations ◽  
Economic Rights ◽  
The United Kingdom ◽  
The Impact ◽  
Social And Economic Rights

Abstract The article investigates the negative attitude towards civil society over the last decade in the United Kingdom and the repercussions for human rights. It considers this in the context of the United Kingdom government’s implementation of the policy of austerity. It reflects on the various policy and legal changes, and the impact on the campaigning and advocacy work of civil society organizations, particularly those that work on social and economic rights.

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