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Economic, Social, and Cultural Rights in Armed Conflict (Hardcover)
Loot Price: R4,596
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Economic, Social, and Cultural Rights in Armed Conflict (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 17 working days
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This book addresses the international legal obligation to protect
economic, social, and cultural human rights in times of armed
conflict and other situations of armed violence. These rights
provide guarantees to individuals of their fundamental rights to
work, to an adequate standard of living (food, water, housing), to
education, and to health. Armed violence can take many forms, from
civil unrest or protest and other forms of internal disturbances
and tensions to higher levels of violence that may amount to armed
conflict, whether of an international or of a non-international
character. However, in all such cases the protection of ESC rights
is sorely challenged. Situations of actual or potential violence
present a number of challenges to the application and
implementation of human rights law in general and socio-economic
rights obligations more specifically. This book sets out the legal
framework, defining what constitutes a minimum universal standard
of human rights protection applicable in all circumstances. It
assesses the concept and content of ESC rights' obligations, and
evaluates how far they can be legally applicable in various
scenarios of armed violence. By looking at the specific human
rights treaty provisions, it discusses how far ESC rights
obligations can be affected by practical and legal challenges to
their implementation. The book addresses the key issues facing the
protection of such rights in times of armed conflict: the legal
conditions to limit ESC rights on security grounds, including the
use of force; the extraterritorial applicability of international
human rights treaties setting out ESC rights; the relationship
between human rights law and international humanitarian law; and
the obligations of non-state actors under human rights law and with
particular relevance to the protection of ESC rights. The book
assesses the nature of these potential challenges to the protection
of ESC rights, and offers solutions to reinforce their continued
application.
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