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Vindicating Socio-Economic Rights - International Standards and Comparative Experiences (Hardcover)
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Vindicating Socio-Economic Rights - International Standards and Comparative Experiences (Hardcover)
Series: Routledge Research in Human Rights Law
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Notwithstanding the widespread and persistent affirmation of the
indivisibility and equal worth of all human rights, socio-economic
rights continue to be treated as the "Cinderella" of the human
rights corpus. At a domestic level this has resulted in little
appetite for the explicit recognition and judicial enforcement of
such rights in constitutional democracies. The primary reason for
this is the prevalent apprehension that the judicial enforcement of
socio-economic rights is fundamentally at variance with the
doctrine of the separation of powers. This study, drawing on
comparative experiences in a number of jurisdictions which have
addressed (in some cases more explicitly than others) the issue of
socio-economic rights, seeks to counter this argument by showing
that courts can play a substantial role in the vindication of
socio-economic rights, while still respecting the relative
institutional prerogatives of the elected branches of government.
Drawing lessons from experiences in South Africa, India, Canada and
Ireland, this study seeks to articulate a "model adjudicative
framework" for the protection of socio-economic rights. In this
context the overarching concern is to find some role for the courts
in vindicating socio-economic rights, while also recognising the
importance of the separation of powers and the primary role that
the elected branches of government must play in protecting and
vindicating such rights. The text incorporates discussion of the
likely impact and significance of the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights, and
looks at the implications of the Mazibuko decision for the
development of South Africa's socio-economic rights jurisprudence.
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