Exploring Social Rights - now in paperback - looks into the theoretical and practical implications of social rights. The book's contributions are organized in five parts. Part I considers theoretical aspects of social rights and looks into their place within political and legal theory and within the human rights tradition. Part II looks at the status of social rights in international law, with reference to the challenge of globalization and to the significance of specific regional regulation (such as the European System). Part III includes discussions of various legal systems which are of…mehr
Exploring Social Rights - now in paperback - looks into the theoretical and practical implications of social rights. The book's contributions are organized in five parts. Part I considers theoretical aspects of social rights and looks into their place within political and legal theory and within the human rights tradition. Part II looks at the status of social rights in international law, with reference to the challenge of globalization and to the significance of specific regional regulation (such as the European System). Part III includes discussions of various legal systems which are of special interest in this area: Canada, South Africa, India, and Israel. Part IV examines the content of a few central social rights, such as the right to education and the right to health. Part V discusses the relevance of social rights to distinct social groups, such as women and people with disabilities. The book also challenges the separation of rights into distinct categories and questions the division of rights to 'civil' vs. 'social' rights from a perspective which considers all rights as 'social.' This book will be of interest to anyone concerned with human rights, the legal protection of social rights, and social policy.
Daphne Barak-Erez teaches constitutional and administrative law at the Faculty of Law of Tel-Aviv University and acts as the Chair of the Israeli Society of Public Law. Aeyal Gross teaches constitutional and international law at the Faculty of Law of Tel-Aviv University and acts as a board member of the Association for Civil Rights in Israel.
Inhaltsangabe
1 Introduction: Do We Need Social Rights? Questions in the Era of Globalisation, Privatisation, and the Diminished Welfare State DAPHNE BARAK-EREZ AND AEYAL M GROSS Part I: Theoretical Perspectives on Social Rights 2 The Constitution, Social Rights and Liberal Political Justification FRANK I MICHELMAN 3 Failed Decolonisation and the Future of Social Rights: Some Preliminary Reflections UPENDRA BAXI 4 'If you don't pay, you die': On Death and Desire in the Postcolony LUCIE WHITE Part II: Global and Regional Perspectives on Social Rights 5 Stuck in a Moment in Time: The International Justiciability of Economic, Social and Cultural Rights YUVAL SHANY 6 Social Rights and Social Policy: Transformations on the International Landscape KERRY RITTICH 7 Indirect Protection of Social Rights by the European Court of Human Rights EVA BREMS Part III: National Perspectives on Social Rights 8 Social Rights Litigation in India: Developments of the Last Decade JAYNA KOTHARI 9 Socio-Economic Rights: The Promise and Limitation-The South African Experience DENNIS M DAVIS 10 Social Rights in Canada PATRICK MACKLEM 11 Social Citizenship: The Neglected Aspect of Israeli Constitutional Law DAPHNE BARAK-EREZ AND AEYAL M GROSS Part IV: Implementing Specific Social Rights 12 The Many Faces of the Right to Education YORAM RABIN 13 The Right to Health in an Era of Privatisation and Globalisation: National and International Perspectives AEYAL M GROSS 14 The Right to Work-The Value of Work GUY MUNDLAK Part V: Social Rights of Special Groups 15 The Social Rights of People with Disabilities: Reconciling Care and Justice NETA ZIV 16 Social Rights as Women's Rights DAPHNE BARAK-EREZ
1 Introduction: Do We Need Social Rights? Questions in the Era of Globalisation, Privatisation, and the Diminished Welfare State DAPHNE BARAK-EREZ AND AEYAL M GROSS Part I: Theoretical Perspectives on Social Rights 2 The Constitution, Social Rights and Liberal Political Justification FRANK I MICHELMAN 3 Failed Decolonisation and the Future of Social Rights: Some Preliminary Reflections UPENDRA BAXI 4 'If you don't pay, you die': On Death and Desire in the Postcolony LUCIE WHITE Part II: Global and Regional Perspectives on Social Rights 5 Stuck in a Moment in Time: The International Justiciability of Economic, Social and Cultural Rights YUVAL SHANY 6 Social Rights and Social Policy: Transformations on the International Landscape KERRY RITTICH 7 Indirect Protection of Social Rights by the European Court of Human Rights EVA BREMS Part III: National Perspectives on Social Rights 8 Social Rights Litigation in India: Developments of the Last Decade JAYNA KOTHARI 9 Socio-Economic Rights: The Promise and Limitation-The South African Experience DENNIS M DAVIS 10 Social Rights in Canada PATRICK MACKLEM 11 Social Citizenship: The Neglected Aspect of Israeli Constitutional Law DAPHNE BARAK-EREZ AND AEYAL M GROSS Part IV: Implementing Specific Social Rights 12 The Many Faces of the Right to Education YORAM RABIN 13 The Right to Health in an Era of Privatisation and Globalisation: National and International Perspectives AEYAL M GROSS 14 The Right to Work-The Value of Work GUY MUNDLAK Part V: Social Rights of Special Groups 15 The Social Rights of People with Disabilities: Reconciling Care and Justice NETA ZIV 16 Social Rights as Women's Rights DAPHNE BARAK-EREZ
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