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Exploring Social Rights looks into the theoretical and practical
implications of social rights. The book is organised in five parts.
Part I considers theoretical aspects of social rights, and looks
into their place within political and legal theory and within the
human rights tradition; Part II looks at the status of social
rights in international law, with reference to the challenge of
globalisation and to the significance of specific regional
regulation (such as the European System); Part III includes
discussions of various legal systems which are of special interest
in this area (Canada, South Africa, India and Israel); Part IV
looks at the content of a few central social rights (such as the
right to education and the right to health); and Part V discusses
the relevance of social rights to distinct social groups (women and
people with disabilities). The articles in the book, while using
the category of social rights, also challenge the separation of
rights into distinct categories and question the division of rights
to 'civil' vs 'social' rights, from a perspective which considers
all rights as 'social'. This book will be of interest to anyone
concerned with human rights, the legal protection of social rights
and social policy. 'Social rights are the stepchildren of the human
rights family. Are they really 'rights'? Can courts enforce them?
And does it make any difference when they try? This remarkable
collection of essays by distinguished scholars offers important new
responses to all the basic questions. Ranging across disciplinary
and national boundaries and brimming with both theoretical and
practical insights, the book is especially welcome in this moment
of mounting inequalities and growing interest in the possibilities
and perils of social rights.' William E Forbath, Lloyd M Bentsen
Chair in Law and Professor of History, University of Texas at
Austin 'At the auspicious moment of the sixtieth anniversary of the
Universal Declaration of Human Rights, and more than half a century
since the beginning of the Human Rights Revolution-a time
characterized by the end of the cold war, globalization and
privatization, comes this important compilation which critically
revisits the international commitment to social rights, and
reconceives its core distinguishing principles-from crosscutting
comparative, theoretical and practical perspectives-illuminating
our commitment to human security.' Ruti Teitel, Ernst Stiefel
Professor of Comparative Law, New York Law School. Author,
'Transitional Justice' (OUP 2002)
Exploring Social Rights looks into the theoretical and practical
implications of social rights. The book is organised in five parts.
Part I considers theoretical aspects of social rights, and looks
into their place within political and legal theory and within the
human rights tradition; Part II looks at the status of social
rights in international law, with reference to the challenge of
globalisation and to the significance of specific regional
regulation (such as the European System); Part III includes
discussions of various legal systems which are of special interest
in this area (Canada, South Africa, India and Israel); Part IV
looks at the content of a few central social rights (such as the
right to education and the right to health); and Part V discusses
the relevance of social rights to distinct social groups (women and
people with disabilities). The articles in the book, while using
the category of social rights, also challenge the separation of
rights into distinct categories and question the division of rights
to 'civil' vs 'social' rights, from a perspective which considers
all rights as 'social'. This book will be of interest to anyone
concerned with human rights, the legal protection of social rights
and social policy. 'Social rights are the stepchildren of the human
rights family. Are they really 'rights'? Can courts enforce them?
And does it make any difference when they try? This remarkable
collection of essays by distinguished scholars offers important new
responses to all the basic questions. Ranging across disciplinary
and national boundaries and brimming with both theoretical and
practical insights, the book is especially welcome in this moment
of mounting inequalities and growing interest in the possibilities
and perils of social rights.' William E Forbath, Lloyd M Bentsen
Chair in Law and Professor of History, University of Texas at
Austin 'At the auspicious moment of the sixtieth anniversary of the
Universal Declaration of Human Rights, and more than half a century
since the beginning of the Human Rights Revolution-a time
characterized by the end of the cold war, globalization and
privatization, comes this important compilation which critically
revisits the international commitment to social rights, and
reconceives its core distinguishing principles-from crosscutting
comparative, theoretical and practical perspectives-illuminating
our commitment to human security.' Ruti Teitel, Ernst Stiefel
Professor of Comparative Law, New York Law School. Author,
'Transitional Justice' (OUP 2002)
Through a comparative global study of countries from all continents
representing a diversity of health, legal, political, and economic
systems, this book explores the role of health rights in advancing
greater equality through access to health care. Does health care
promote equality, or does it in fact advance the opposite result?
Does inserting the idea of 'the right to health' into health
systems allow the reinsertion of public values into systems that
are undergoing privatization? Or does it allow for private claims
to be re-articulated as 'rights', in a way that actually reinforces
inequality? This volume includes studies from countries such as the
United States, United Kingdom, Brazil, Canada, The Netherlands,
China, and Nigeria, among many others, and authors with expertise
in the legal and health systems of their countries, making this a
seminal study that allows readers to see the differing role of
rights in various health systems.
As Israel's control of the Occupied Palestinian Territory nears its
fiftieth anniversary, The Writing on the Wall offers a critical
perspective on the international law of occupation. Advocating a
normative and functional approach to occupation and to the question
of when it exists, it analyzes the application of humanitarian and
human rights law, pointing to the risk of using the law of
occupation in its current version to legitimize new variations of
conquest and colonialism. The book points to the need for
reconsidering the law of occupation in light of changing forms of
control, such as those evident in Gaza. Although the Israeli
occupation is a main focal point, the book broadens its compass to
look at other cases, such as Iraq, Northern Cyprus, and Western
Sahara, highlighting the role that international law plays in all
of these cases.
Through a comparative global study of countries from all continents
representing a diversity of health, legal, political, and economic
systems, this book explores the role of health rights to advance
greater equality through access to health care. Does health care
promote equality, or does it in fact advance the opposite result?
Does inserting the idea of the right to health into health systems
allow the reinsertion of public values into systems that are
undergoing privatization? Or does it allow for private claims to be
rearticulated as rights, in a way that actually reinforces
inequality? This volume includes studies from countries such as the
United States, the United Kingdom, Brazil, Canada, The Netherlands,
China, and Nigeria, among many others, as well as authors with
expertise regarding both the legal and health systems of their
countries, making this a seminal study that allows readers to see
the differing role of rights in various health systems."
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