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Human Rights Transformed - Positive Rights and Positive Duties (Hardcover, New) Loot Price: R3,789
Discovery Miles 37 890
You Save: R889 (19%)
Human Rights Transformed - Positive Rights and Positive Duties (Hardcover, New): Sandra Fredman Fba

Human Rights Transformed - Positive Rights and Positive Duties (Hardcover, New)

Sandra Fredman Fba

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Was R4,678 Loot Price R3,789 Discovery Miles 37 890 | Repayment Terms: R355 pm x 12* You Save R889 (19%)

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Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. In this book, Sandra Fredman argues that this understanding requires radical revision. Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals' ability to exercise their rights.
This view fundamentally shifts the focus of human rights. As well as restraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. This in turn breaks down traditional distinctions between civil and political rights and socio-economic rights. Instead, all rights give rise to a range of duties, both negative and positive. However, because positive duties have for so long been regarded as a question of policy or aspiration, little sustained attention has been given to their role in actualising human rights. Drawing on comparative experience from India, South Africa, the European Convention on Human Rights, the European Union, Canada and the UK, this book aims to create a theoretical and applied framework for understanding positive human rights duties.
Part I elaborates the values of freedom, equality, and solidarity underpinning a positive approach to human rights duties, and argues that the dichotomy between democracy and human rights is misplaced. Instead, positive human rights duties should strengthen rather than substitute for democracy, particularly in the face of globalization and privatization. Part II considers justiciability, fashioning a democratic role for the courts based on their potential to stimulate deliberative democracy in the widerenvironment. Part III applies this framework to key positive duties, particularly substantive equality and positive duties to provide, traditionally associated with the Welfare State or socio-economic rights.

General

Imprint: Oxford UniversityPress
Country of origin: United Kingdom
Release date: March 2008
First published: April 2008
Authors: Sandra Fredman Fba
Dimensions: 241 x 163 x 21mm (L x W x T)
Format: Hardcover
Pages: 288
Edition: New
ISBN-13: 978-0-19-927276-1
Categories: Books > Social sciences > Sociology, social studies > Social issues > General
Books > Law > International law > Public international law > International human rights law
Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Civil rights & citizenship
Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > General
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LSN: 0-19-927276-X
Barcode: 9780199272761

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