Dignity and Human Rights: The Implementation of Economic, Social, and Cultural Rights


Book Description

This book presents the view that human dignity and human rights need to be brought to the centre of the current debate on globalisation. Indeed, whereas human dignity is the core and the foundation of human rights, it is through the implementation of rights that dignity is protected. The contributors to this volume belong to different (inter)national networks in the field of human rights. All were present at the World Social Forum in Porto Alegre and all are committed to the implementation of economic, social and cultural rights. Their contributions capture the dynamism and richness of the dialogues. Fundamental and operational issues are taken up, global alternatives and practical recommendations are presented. Co-publication with Intersentia and the Asser Press Published under the Transnational Publishers imprint.




Human Dignity and Human Rights


Book Description

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first.




The Universal Declaration of Human Rights in the 21st Century


Book Description

The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.




Securing Dignity and Freedom Through Human Rights


Book Description

The Universal Declaration of Human Rights establishes that everyone’s dignity and freedom to develop as a person are secured through economic, social and cultural rights. This volume examines the origins of the article of the Declaration that introduced the purpose of economic, social and cultural rights in this way and recognized that every member of society is entitled to their realization through national effort and international cooperation. The article’s concepts have been the subject of significant articulation and interpretation. Accordingly, the book analyzes the meaning and application of economic, social and cultural rights and the nature of the related obligations developed in the International Covenant on Economic, Social, and Cultural Rights and other international instruments. The book also explores the contribution of the article's legal concepts to philosophical theories of social justice and increasingly to the practice expected of States, individually and in cooperation with international organizations and non-state actors in development and other activities. This volume should provide a convenient tool for human rights advocates, practitioners, lawyers, scholars, and others involved with and interested in the role of human rights in seeking economic, social and cultural security for all.




Economic, Social and Cultural Rights in International Law


Book Description

Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.




The International Covenant on Economic, Social and Cultural Rights


Book Description

"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.




Realizing the Right to Development


Book Description

This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.




The International Covenant on Economic, Social and Cultural Rights


Book Description

This book is the first collection of the drafting records of the one of the world's two foremost human rights treaties, the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. It makes an important contribution to understanding the origins and meaning of economic and social rights, which were drafted over almost two decades years between 1947 and 1966. There is increasing global interest in the stronger protection of economic, social, and cultural rights, which are vital to the survival, dignity, and prosperity of everyone. Since 2013, individuals have been able to complain to the United Nations about violations of their rights, and action can also often be taken through regional and national human rights procedures. In this context, many of the current debates surrounding economic and social rights can be best understood in the light of their drafting history. This book judiciously selects, and chronologically presents, the most important drafting documents or extracts thereof between 1947 and 1966. The book contains an extensive annotated table of documents, allowing researchers to track the progress of the key rights and issues in the drafting. It also includes an original analytical introductory essay, which summarises and analyses the main procedural and substantive developments during the drafting. The essay charts the many influences on the recognition of economic and social rights at a key moment in history: the aftermath of the Second World War, which demonstrated the need to eliminate the economic and social causes of threats to global peace and security. This book is essential reading for scholars, practitioners, and students of international human rights law.




Cultural Rights in International Law


Book Description

Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.