Debating Social Rights

1. Auflage 2010
ISBN: 978-1-84946-023-1
Verlag: Bloomsbury 3PL

Buch, Englisch, 201 Seiten, Format (B × H): 140 mm x 216 mm, Gewicht: 264 g

Reihe: Debating Law

Debating Law is a new series that gives scholarly experts the opportunity to offer contrasting perspectives on significant topics of contemporary, general interest.

In this second volume of the series, Conor Gearty argues that for rights to work effectively in the wider promotion of social justice, they need to be kept as far away as possible from the courts. He acknowledges the value of rights language in legal and political debate and accepts that human rights are not solely civil and political, with social rights language clearly having a progressive, emancipatory dimension. However he says that lawyers - even well-intentioned lawyers - damage the achievability of the kind of radical transformation in the priorities of states that a genuine commitment to social rights surely necessitates. Virginia Mantouvalou argues that social rights, defined as entitlements to the satisfaction of basic needs, are as essential for the well-being of the individual and the community as long-established civil and political rights. The real challenge, she suggests, is how best to give effect to social rights. Drawing on examples from around the world, she argues for their 'legalisation', and examines the role of courts and the role of legislatures in this process, both at a national and a international level.

Autoren/Hrsg.

Gearty, Conor

Mantouvalou, Virginia

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte
• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte

Inhaltsverzeichnis

Against Judicial Enforcement by Conor Gearty

I. Introduction

II. Why Care?
III. How Should We Care?

IV. How Can We Tame the Lawyers?

V. Conclusion

In Support of Legalisation by Virginia Mantouvalou

I. Introduction

II. A Brief, Unhappy History

III. Common Foundations

IV. Legalisation

V. Content of Duties and Horizontality

VI. Social Rights and the Foreign Needy

VII. Conclusion

Über Autor(innen)

Conor Gearty is Professor of Human Rights Law at the London School of Economics and Political Science.

Virginia Mantouvalou is a Senior Lecturer in Law and Deputy Director of the Centre for European Law and Integration at the University of Leicester.