Exploring Social Rights

Between Theory and Practice
1. Auflage 2011
ISBN: 978-1-84946-255-6
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 460 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 644 g

Reihe: Bloomsbury 3PL

Exploring Social Rights looks into the theoretical and practical implications of social rights. The book is organised 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 globalisation 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 looks at the content of a few central social rights (such as the right to education and the right to health); and Part V discusses the relevance of social rights to distinct social groups (women and people with disabilities). The articles in the book, while using the category of social rights, also challenge the separation of rights into distinct categories and question the division of rights to 'civil' vs 'social' rights, from a perspective which considers all rights as 'social'.

Zielgruppe

This book will be of interest to anyone concerned with human rights, the legal protection of social rights and social policy.

Autoren/Hrsg.

Barak-Erez, Daphne

Gross, Aeyal

Gross, Aeyal M

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte

Inhaltsverzeichnis

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

Über Autor(innen)

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.