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Ana Beduschi

an ideal catalogue of basic social rights that third-country workers should enjoy when legally residing and working in a Member State. The directive engages with the concept of fair treatment, 12 aligning with what Member States have agreed since the Tampere Summit in 1999, 13 that there was a need

Suman Khadka

violations. Moreover, in the case of children, it is the social rights that should be immediately implemented since children do not have full political rights anyway. Hence while it is true that resources in low income countries are already scarce, making the choice of selection extremely difficult, the

Aoife Nolan

1. Introduction Recent years have seen an explosion in methodologies for monitoring children’s economic and social rights (ESR). Key examples include the development of indicators, benchmarks, child rights-based budget analysis and child rights impact assessments. The Committee on the Right of

Giovanna De Minico

indiscriminate public censorship of freedom of speech. 35 How can we escape this logic? We can escape this by pursuing the constitutionalisation of the internet as a new ground for the exercise of classic fundamental liberties and new social rights. We perceive that fundamental values embodied in individual

Sylvie Da Lomba

nationals who enter on false papers, refused asylum-seekers who have exhausted their appeal rights and can no longer remain in the host state, and regularised migrants who fall back into an irregular situation. 4 Irregular migrants’ access to basic social rights has been identified as an area of particular

Social Rights of Children in Europe

A Case Law Study on Selected Rights


Katharina Häusler

The Convention on the Rights of the Child has changed the paradigm of how (human rights) law looks at children: from “objects” of protection to full rights-holders of all human rights. Consequently, social rights are not voluntary welfare services but an expression of the dignity and rights of the child. In Social Rights of Children in Europe Katharina Häusler provides a thorough analysis of how these basic social rights are interpreted by the three major human rights bodies on the level of the Council of Europe and the European Union. It thus offers not only an excellent picture of the main lines of interpretation but also of the major gaps and challenges for the realisation of children’s social rights in Europe.

Todor Hristov

Even the staunchest advocates of the welfare state recognize that social rights are less than legal rights ( Marshall 1950 : 46ff.; 1965: 267). Legal rights impose obligations ( Marshall 1965 : 270; Hochfeld 1913). For example, if one has a right of privacy, then the others are obliged to respect

Haomiao Zhang

social. Civil rights imply that individuals have liberty and are equal before the law; political rights imply the right to elect leaders and participate in the political system; and social rights imply entitlements to basic welfare and guaranteed participation in social affairs. Additionally, Twine (1994

Sandra Mantu

Marshall as landmarks of the modern citizen subject. 21 The incorporation of social rights into citizenship regimes is seen as the culmination of a long process of transformation at the end of which social citizenship was simply a universal right to real income, which was not proportionate to the market

Johanna Aleria P. Lorenzo

measures relating to economic and social rights ( esr ) need not automatically and necessarily be equated with significant costs: the adoption of low-cost but targeted programmes would constitute substantial compliance with the icescr . Indeed, illustrating that the satisfaction of obligations under