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This exciting Research Handbook combines practitioner and academic
perspectives to provide a comprehensive, cutting edge analysis of
economic, social and cultural rights (ESCR), as well as the
connection between ESCR and other rights. Offering an authoritative
analysis of standards and jurisprudence, it argues for an expansive
and inclusive approach to ESCR as human rights. Expert contributors
discuss ESCR-related structures and mechanisms in the
international, regional and domestic spheres, and chapters explore
the details, interpretations and current developments of each
thematic right, illustrating the critical cross-cutting and fault
line issues relating to global ESCR. Taking a far-sighted approach,
contributors critically assess the failure of dominant human rights
paradigms to address ESCR and/or create a framework for
multilateral responses to emerging global threats, arguing that a
robust, reinforced ESCR approach and practice is needed to meet the
human rights challenges of the 2020s. This Research Handbook is a
valuable contribution to the human rights field. Providing an
overview of ESCR-related systems, cases and challenges around the
world, it will be particularly beneficial for advocates, scholars
and students interested in international human rights as well as to
lawyers and judges considering ESCR in the context of domestic law.
International and local NGOs and human rights organizations will
also find this an essential guide on mechanisms to advance ESCR as
human rights. Contributors include: R. Balakrishnan, J.
Bourke-Martignoni, M.V. Bras Gomes, L. Chenwi, J. Chowdhury, A.
Corkery, C. de Albuquerque, K. Donald, J. Dugard, S. Gloppen, M.
Gomez, J. Heintz, D. Ikawa, V. Krsticevic, C. O'Cinneide, K.
Paterson, B. Porter, V. Roaf, I. Saiz, M. Sepulveda, C. Vallejo, F.
Veriava, S. Wilson, A.E. Yamin
Extraterritorial Human Rights Obligations from An African
Perspective addresses the often neglected question of whether
African regional human rights instruments impose extraterritorial
obligations on State parties, and if so, the extent and scope of
these obligations.The prevalence of extraterritorial violations of
human and peoples' rights in the African system, due to the actions
or omissions of African as well as non-African states, has not gone
unnoticed. Strengthening extraterritorial obligations in Africa is
an urgent necessity to ensure a rights-based African regional order
that seeks to address, among other issues, challenges stemming from
globalisation, accountability for human rights violations in Africa
where a third state or entity (as well as an intergovernmental
organisation) is involved, and to ensure respect and protection of
the human rights of future generations. With the increasing
quasi-judicial and judicial scrutiny of the extraterritorial reach
of human rights and states duties, at both international and
regional levels, including from the African Commission, the African
region is ripe for extraterritorial analysis.Extraterritoriality is
an emerging concept in the context of international human rights
law, and has generally not been the focus of many books, and less
so in the African context. This book is therefore among the first
book of its kind providing the reader with a unique perspective on
this important topic.
The Protection of Economic, Social and Cultural Rights in Africa
critiques the three main models of constitutionally protecting
economic, social and cultural rights in Africa - direct, indirect
and hybrid models. It examines the choices that states have made,
how the models have worked, whether they have been tested in
litigation and the jurisprudence that has arisen. The book analyses
the protection of the economic, social and cultural rights in a
range of African countries: Angola, Cameroon, Ethiopia, Ghana,
Kenya, Mozambique, Nigeria, Senegal, South Africa and Uganda.
Leading legal academics explore how these rights feature at the
regional and sub-regional levels, as well as the link between
domestic and international mechanisms of enforcement.
The Protection of Economic, Social and Cultural Rights in Africa
critiques the three main models of constitutionally protecting
economic, social and cultural rights in Africa - direct, indirect
and hybrid models. It examines the choices that states have made,
how the models have worked, whether they have been tested in
litigation and the jurisprudence that has arisen. The book analyses
the protection of the economic, social and cultural rights in a
range of African countries: Angola, Cameroon, Ethiopia, Ghana,
Kenya, Mozambique, Nigeria, Senegal, South Africa and Uganda.
Leading legal academics explore how these rights feature at the
regional and sub-regional levels, as well as the link between
domestic and international mechanisms of enforcement.
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