Socio-Economic Human Rights in Essential Public Services Provision
Socio-Economic Human Rights in Essential Public Services Provision

Author: Marlies Hesselman

Publisher: Taylor & Francis

Published: 2016-11-10

Total Pages: 347

ISBN-13: 1317209893

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There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.

Socio-Economic Human Rights in Essential Public Services Provision
Socio-Economic Human Rights in Essential Public Services Provision

Author: Marlies Hesselman

Publisher: Routledge

Published: 2016-11-10

Total Pages: 358

ISBN-13: 1317209885

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There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.

Access to Social Rights in Europe
Access to Social Rights in Europe

Author: Mary E. Daly

Publisher: Council of Europe

Published: 2002-01-01

Total Pages: 120

ISBN-13: 9789287149855

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The Council of Europe is convinced of the need to improve access to social rights as a key means of combating poverty and social exclusion and in promoting social cohesion. The report on access to social rights in Europe is mainly based on the results of the activities related to access to employment, social protection and housing, as well as relevant work carried out within the Council of Europe in the fields of health and education. This report analyses the obstacles impeding access to different social rights within and across a range of fields. It also gives examples of how obstacles are being overcome, examines integrated measures implemented in the member states of the Council of Europe and identifies the principles on which measures to improve access to social rights should be based. Finally, the report develops cross-sectoral policy guidelines aimed at facilitating access to social rights.

Weak Courts, Strong Rights
Weak Courts, Strong Rights

Author: Mark Tushnet

Publisher: Princeton University Press

Published: 2009-07-20

Total Pages: 288

ISBN-13: 1400828155

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Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Judicial Review, Socio-Economic Rights and the Human Rights Act
Judicial Review, Socio-Economic Rights and the Human Rights Act

Author: Ellie Palmer

Publisher: Bloomsbury Publishing

Published: 2007-08-31

Total Pages: 384

ISBN-13: 1847313760

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In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.

Key Policies for Addressing the Social Determinants of Health and Health Inequities
Key Policies for Addressing the Social Determinants of Health and Health Inequities

Author: Matthew Saunders

Publisher: World Health Organization

Published: 2017-09-27

Total Pages: 92

ISBN-13: 9289052651

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Evidence indicates that actions within four main themes (early child development fair employment and decent work social protection and the living environment) are likely to have the greatest impact on the social determinants of health and health inequities. A systematic search and analysis of recommendations and policy guidelines from intergovernmental organizations and international bodies identified practical policy options for action on social determinants within these four themes. Policy options focused on early childhood education and care; child poverty; investment strategies for an inclusive economy; active labour market programmes; working conditions; social cash transfers; affordable housing; and planning and regulatory mechanisms to improve air quality and mitigate climate change. Applying combinations of these policy options alongside effective governance for health equity should enable WHO European Region Member States to reduce health inequities and synergize efforts to achieve the United Nations Sustainable Development Goals.

The Future of Economic and Social Rights
The Future of Economic and Social Rights

Author: Katharine G. Young

Publisher: Cambridge University Press

Published: 2019-04-11

Total Pages: 711

ISBN-13: 1108418139

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Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.

Socio-Economic Rights in South Africa
Socio-Economic Rights in South Africa

Author: Malcolm Langford

Publisher: Cambridge University Press

Published: 2014

Total Pages: 487

ISBN-13: 1107021146

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This book sets out to assess the role and impact of socio-economic strategies used by civil society actors in South Africa. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action.