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contained under that treaty. 1 Nevertheless, Economic, Social and Cultural ( esc ) rights are still non-justiciable under its constitutional framework and have consequently failed to attract policy attention let alone adequate judicial protection in domestic arena. Though the higher judiciary in

In: International Human Rights Law Review
Author: Amrei Müller
In The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law, Amrei Müller offers a detailed analysis of the legal consequences of the parallel application of economic, social and cultural (ESC) rights and international humanitarian law (IHL) to non-international armed conflicts.
With a focus on health related issues, the book covers important topics like the scope of limitations to and derogations from ESC rights, questions related to the integration of the right to health in military-target decisions, states’ obligations to mitigate the adverse public health impact of armed conflicts and obligations relating to the provision of humanitarian assistance.
It moves the discussion about the parallel application of IHL and human rights to a new level, highlighting its potential to enhance the protection of people affected by armed conflicts but also the difficulties involved.

enforcement of economic, social and cultural (ESC) rights against Nigeria by the ECOWAS CCJ in cases brought by individuals, when the CFRN expressly declares ESC rights unenforceable in its Chapter II. The article argues that this constitutional bump is a direct indication that decisions of the ECOWAS CCJ

In: International Human Rights Law Review

, social and cultural ( esc ) rights under the African Charter by the African Commission and what has been the legal impact (legal effect) of the African Charter on the protection of these rights in Africa over 30 years. The main focus is to examine the contribution of the African Commission to the

In: International Human Rights Law Review
The Universal Declaration of Human Rights recognizes that social and economic welfare is essential for human dignity, freedom to develop as a person, and ultimately “social security” in the broad sense of social justice. This study examines the text, context, and origins of article 22 which establish an entitlement to the economic, social and cultural (ESC) rights indispensable for wellbeing. By using legal rights to define socially just conduct that secures human dignity, article 22 reorients philosophical approaches to the conception and processes of social justice. The individual, the community and the State are collaboratively engaged in the realization of ESC rights, through national effort and international cooperation. ESC rights must be implemented as a whole, not selectively; this approach serves a functional purpose as well since, in operation, the rights are largely interdependent. The study analyzes the current tendency to fragment the pursuit of ESC rights into selective and uncoordinated initiatives, and proposes adjustments to the theory and practice governing the responsibility and conduct of States, international organizations, the business sector, and other private actors.

The legal principles rooted in article 22 create a vital connection between human rights and development that reshapes development cooperation, in relations between States and in multilateral efforts like the Millennium Development Goals and policies of international financial institutions. Development success needs to be redefined to include reducing inequality and assisting the most vulnerable and marginalized. Development processes should integrate methods that ensure participation, transparency and accountability. Even so, democratic processes are no guarantee that ESC rights will be taken seriously, nor do they necessarily lead to full elimination of economic and social inequality. Judicial enforcement and solidarity among private actors, and attention to the synergies that realization of one ESC right provides another are equally important to making the entitlement a reality for all.

The approach to human rights in article 22 acts as a compass in the pursuit of social justice. Its course to realizing ESC rights reaches beyond mere assets and material comforts, and surpasses quantitative assessments of equality and non-discrimination, critical as these may be. Rather, progress toward social justice through ESC rights is measured by assessing whether the opportunities, resources and freedoms provided to people are sufficient for their full and free development as human beings, individually and as members of society. Article 22 affirms the vision of a just society in which dignity and personal development are secured with ESC rights that offer the chance for well-being to everyone.

This book is the third volume in The Universal Declaration of Human Rights Series. The Series will consist of approximately 20 volumes, each dealing with a substantive right (or group of rights) set forth in the Universal Declaration of Human Rights (UDHR). Each volume is authored by an expert in human rights generally and in the particular subject addressed. Without losing sight of the political context in which the implementation of human rights must occur, each book provides a comprehensive, legally-oriented analysis of the rights concerned, including an examination of the legislative history of the text of each right as adopted in 1948, the right's subsequent articulation and interpretation by international bodies and in subsequent international instruments, and a survey of state practice in defining and enforcing the right.
Author: David Kinley

Public Policy in International Economic Law: The ICESCR in Trade, Investment and Finance. Oxford: Oxford University Press, 2015. Pp. 448. £ 70.00. ISBN: 9780198716938. In international law, economic, social and cultural (ESC) rights have emerged out of the shadow of civil and political rights

In: The Journal of World Investment & Trade

chapters dealing with the implementation of economic, social, and cultural ( esc ) rights, a generally difficult task for States, which may prove impossible to fulfil in a disaster setting. Those questions as well as many others are regrouped in the four Parts of the Handbook , according to two main

In: Journal of International Humanitarian Legal Studies
Author: Sven Simon

as adequate housing, adequate food, work, water and sanitation) are affected by access to land. Manisuli Ssenyonjo points out that land is a fundamental element in the realisation of fundamental human rights. After examining the legal framework for the protection of economic, social and cultural

In: International Human Rights Law Review
Author: Pratik Raghu

-9). Nelson and Dorsey’s (2008) “Transforming the Human Rights Movement: Human Rights NGO s Embrace ESC Rights” maps the exponential growth in advocacy for economic, social, and cultural ( ESC ) rights over the past two decades. The authors pay close attention to neoliberal economic globalization driven by

In: Perspectives on Global Development and Technology
Author: Pinghua Sun

human rights and discourse, and human rights are concerned with civil rights, political rights, economic, social and cultural ( esc ) rights, the right to the environment and development. Therefore, research must be conducted from multiple perspectives including political, economic, social, cultural and

In: The Chinese Journal of Global Governance