Read online ebook Economic, Social and Cultural Rights in International Law by Manisuli Ssenyonjo FB2
9781849466073 English 1849466076 Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. Subject: Public International Law, Human Rights Law], Since the first edition (published in 2009), there have been several important developments including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights 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 trade union rights, the right to an adequate standard of living, the right to social security and the right to take part in cultural life. It also considers the relationship of the International Covenant on Economic, Social and Cultural Rights (ICESCR) to other areas of international law; admissibility under 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; and contemporary challenges to ESC rights including poverty, armed conflicts and terrorism., Since the first edition of Economic, Social and Cultural Rights in International Law was published in 2009, there have been several important developments including: (1) the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on individual communications; and (2) significant developments in the case law on economic, social and cultural (ESC) rights. The second edition, written by an expert in the field, addresses the above 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 including rights not covered in the first edition such as trade union rights, right to an adequate standard of living (adequate food, water and housing), right to social security and the right to take part in cultural life. It also considers the relationship of the International Covenant on Economic, Social and Cultural Rights (ICESCR) to other areas of international law; admissibility under 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 (such as women, children, youth, persons with disabilities, older persons, prisoners, minorities, migrants, indigenous people, refugees and internally displaced persons); and contemporary challenges to ESC rights including poverty, armed conflicts and terrorism. ~All these developments presented in a clear and illuminating manner, will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike., Since the publication of the first edition in 2009, there have been several important developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on individual communications, as well as significant developments in the case law on economic, social, and cultural (ESC) rights. This second edition addresses these developments and explores ESC rights, from foundational issues to substantive rights and systems of protection. The book 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 analyzes new developments, such as trade union rights, the right to an adequate standard of living, the right to social security, and the right to take part in cultural life. It also considers: the relationship of the ICESCR to other areas of international law * admissibility under the Optional Protocol * 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, armed conflicts, and terrorism. Subject: Public International Law, Human Rights Law]
9781849466073 English 1849466076 Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. Subject: Public International Law, Human Rights Law], Since the first edition (published in 2009), there have been several important developments including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights 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 trade union rights, the right to an adequate standard of living, the right to social security and the right to take part in cultural life. It also considers the relationship of the International Covenant on Economic, Social and Cultural Rights (ICESCR) to other areas of international law; admissibility under 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; and contemporary challenges to ESC rights including poverty, armed conflicts and terrorism., Since the first edition of Economic, Social and Cultural Rights in International Law was published in 2009, there have been several important developments including: (1) the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on individual communications; and (2) significant developments in the case law on economic, social and cultural (ESC) rights. The second edition, written by an expert in the field, addresses the above 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 including rights not covered in the first edition such as trade union rights, right to an adequate standard of living (adequate food, water and housing), right to social security and the right to take part in cultural life. It also considers the relationship of the International Covenant on Economic, Social and Cultural Rights (ICESCR) to other areas of international law; admissibility under 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 (such as women, children, youth, persons with disabilities, older persons, prisoners, minorities, migrants, indigenous people, refugees and internally displaced persons); and contemporary challenges to ESC rights including poverty, armed conflicts and terrorism. ~All these developments presented in a clear and illuminating manner, will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike., Since the publication of the first edition in 2009, there have been several important developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on individual communications, as well as significant developments in the case law on economic, social, and cultural (ESC) rights. This second edition addresses these developments and explores ESC rights, from foundational issues to substantive rights and systems of protection. The book 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 analyzes new developments, such as trade union rights, the right to an adequate standard of living, the right to social security, and the right to take part in cultural life. It also considers: the relationship of the ICESCR to other areas of international law * admissibility under the Optional Protocol * 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, armed conflicts, and terrorism. Subject: Public International Law, Human Rights Law]