It is usually assumed that economic, social and cultural rights are two different kinds of rights. Despite this dichotomous perception of human rights we talk about human rights as indivisible, interrelated and interdependent. The purpose of the book has been to examine how the European Court of Human Rights perceives of the indivisibility notion as a legal phenomenon. This is done by analysing five different socio-economic rights: the right to health, the right to housing, the right to education, the right to social cash benefits and various work related rights. The examination clearly illustrates that the Court perceives of human rights as indivisible rights and this integrated approach to human rights protection and its further potential is discussed from a hermeneutic perspective.
Ida Elisabeth Koch (Ph.D. 1995, in law, University of Copenhagen), has worked for a number of years primarily at the Danish Institute for Human Rights. She has published extensively on various human rights issues, primarily on the issue of economic, social and cultural rights.
Table of contents
Chapter 1. Background to and Purpose of the Study
Chapter 2. Typological and Terminological Considerations;
Chapter 3. Considerations on Intertextuality and Permeability;
Chapter 4. Theoretical and Methodological Considerations;
Chapter 5. The Right to Health Under the ECHR;
Chapter 6. The Right to Housing Under the ECHR;
Chapter 7. The Right to Education Under the ECHR;
Chapter 8. The Right to Social Cash Benefi ts Under the ECHR;
Chapter 9. Work-Related Rights Under the ECHR;
Chapter 10. Socio-Economic Demands as Justiciable Rights – The Issue of Power Balance;
Chapter 11. The Relation between the ECHR and the ESC/RESC;
Chapter 12. Concluding Forward-looking Observations;
European Court of Human Rights: List of Judgments;
European Court of Human Rights: List of Admissibility Decisions;
The European Committee on Social Rights: List of Decisions;
The book is primarily of interest to legal scholars dealing with the notion of indivisibiliy of human rights but indeed also to those who favour the traditional dichotomotous perception of human rights which includes scepticism with regard to the justiciability of socio-economic rights.