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Socio-Economic Rights in Emerging Free Markets - Comparative Insights from India and China (Paperback)
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Socio-Economic Rights in Emerging Free Markets - Comparative Insights from India and China (Paperback)
Series: Routledge Research in Human Rights Law
Expected to ship within 12 - 17 working days
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In the last decade or so, China and India have emerged on the
global stage as two powerful free market economies. The tremendous
economic growth in China and India has meant that they have been
able to lift millions of people out of the poverty trap. This
growth has not, however, been without problems. Apart from worrying
levels of environmental pollution, a significant number of people
are still struggling to live a decent life as they do not have
adequate access to basic needs such as food, health services,
education, water, and housing. The traditional old age support
mechanism is collapsing amidst push for urbanisation and the
practice of nuclear families, while the alternative social security
system has not been put in place. Both China and India stress the
importance of socio-economic rights, have ratified the
International Covenant on Economic, Social and Cultural Rights and
have in place a strong legal framework for the realisation of such
rights. The constitutions of China and India accord significant
importance to socio-economic rights and the both countries have
numerous laws, regulations and policies that seek to implement
various socio-economic rights. This book investigates how the
gradual adoption of free market ideology has impacted on the
realisation of socio-economic rights in both India and China and
how the constitutional and legal frameworks have made necessary
adjustments. Chapters in this volume, which are written by
academics of international standing, explore how these two
countries have tried to overcome certain common governance
challenges in realising socio-economic rights. The role played by
courts in India and China in the protection and realisation of
socio-economic rights is considered along with the use and
limitations of public interest litigation in achieving these
rights. Finally, the effectiveness of measures in realising
socio-economic rights are evaluated in relation to specific rights
such as the rights to food, health, education, social security, and
gender equality.
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