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Author: David Bilchitz Publisher: OUP Oxford ISBN: 0191021695 Category : Law Languages : en Pages : 304
Book Description
This book addresses the pressing issue of severe poverty and inequality, and questions why violations of socio-economic rights are treated with less urgency than violations of civil and political rights, such as the right to freedom of speech or to vote? Socio-economic rights have been widely regarded as aspirational goals, rhetorically useful, but having few practical implications for government policy and the distribution of resources within a polity. It is not therefore surprising that socio-economic rights have been systematically neglected in the world today, with millions still lacking access to even basic shelter, food or health care. This book seeks to provide a sustained argument for placing renewed emphasis upon socio-economic rights in the fight against desperate poverty. It utilizes a combination of political philosophy, constitutional law, and public policy in its focus on the right to food, to housing, and to health care. Part I involves the development of a philosophical theory of rights that provides a common normative foundation for both civil and political rights and socio-economic rights. This theory involves developing an understanding of value that recognizes individuals have fundamental interests of differing levels of urgency. It also involves drawing an important distinction between conditional rights that flow purely from a normative focus on the equal importance of individuals and unconditional rights that involve competing normative and pragmatic considerations. A general theory of judicial review is also put forward that provides a justification for judicial involvement in the enforcement of socio-economic rights. Part II then considers the implications of this general philosophical theory for the interpretation and enforcement of socio-economic rights in law. The focus of this more applied discussion is upon South Africa, where entrenched, directly justiciable socio-economic rights are expressly protected in the constitution. The current approach of the South African Constitutional Court to their interpretation and enforcement is considered and criticized primarily for failing to provide sufficient content to such rights. A modified version of the minimum core approach to socio-economic rights is proposed as an alternative way which is supported by the philosophical theory developed in the first part of the book. This approach requires priority to be given to the worst off in society through placing a heavy burden of justification on any society that fails to meet the minimal interests of individuals. It also requires concrete steps to be taken towards realising a higher level of provision that guarantees individuals the necessary conditions for realising a wide range of purposes. This is also shown to have important policy implications both for developing and developed countries that can, it is hoped, assist in creating an urgency and commitment towards eradicating extreme poverty.
Author: David Bilchitz Publisher: OUP Oxford ISBN: 0191021695 Category : Law Languages : en Pages : 304
Book Description
This book addresses the pressing issue of severe poverty and inequality, and questions why violations of socio-economic rights are treated with less urgency than violations of civil and political rights, such as the right to freedom of speech or to vote? Socio-economic rights have been widely regarded as aspirational goals, rhetorically useful, but having few practical implications for government policy and the distribution of resources within a polity. It is not therefore surprising that socio-economic rights have been systematically neglected in the world today, with millions still lacking access to even basic shelter, food or health care. This book seeks to provide a sustained argument for placing renewed emphasis upon socio-economic rights in the fight against desperate poverty. It utilizes a combination of political philosophy, constitutional law, and public policy in its focus on the right to food, to housing, and to health care. Part I involves the development of a philosophical theory of rights that provides a common normative foundation for both civil and political rights and socio-economic rights. This theory involves developing an understanding of value that recognizes individuals have fundamental interests of differing levels of urgency. It also involves drawing an important distinction between conditional rights that flow purely from a normative focus on the equal importance of individuals and unconditional rights that involve competing normative and pragmatic considerations. A general theory of judicial review is also put forward that provides a justification for judicial involvement in the enforcement of socio-economic rights. Part II then considers the implications of this general philosophical theory for the interpretation and enforcement of socio-economic rights in law. The focus of this more applied discussion is upon South Africa, where entrenched, directly justiciable socio-economic rights are expressly protected in the constitution. The current approach of the South African Constitutional Court to their interpretation and enforcement is considered and criticized primarily for failing to provide sufficient content to such rights. A modified version of the minimum core approach to socio-economic rights is proposed as an alternative way which is supported by the philosophical theory developed in the first part of the book. This approach requires priority to be given to the worst off in society through placing a heavy burden of justification on any society that fails to meet the minimal interests of individuals. It also requires concrete steps to be taken towards realising a higher level of provision that guarantees individuals the necessary conditions for realising a wide range of purposes. This is also shown to have important policy implications both for developing and developed countries that can, it is hoped, assist in creating an urgency and commitment towards eradicating extreme poverty.
Author: Thomas W. Pogge Publisher: John Wiley & Sons ISBN: 1509560645 Category : Political Science Languages : en Pages : 254
Book Description
Some 2.5 billion human beings live in severe poverty, deprived of such essentials as adequate nutrition, safe drinking water, basic sanitation, adequate shelter, literacy, and basic health care. One third of all human deaths are from poverty-related causes: 18 million annually, including over 10 million children under five. However huge in human terms, the world poverty problem is tiny economically. Just 1 percent of the national incomes of the high-income countries would suffice to end severe poverty worldwide. Yet, these countries, unwilling to bear an opportunity cost of this magnitude, continue to impose a grievously unjust global institutional order that foreseeably and avoidably perpetuates the catastrophe. Most citizens of affluent countries believe that we are doing nothing wrong. Thomas Pogge seeks to explain how this belief is sustained. He analyses how our moral and economic theorizing and our global economic order have adapted to make us appear disconnected from massive poverty abroad. Dispelling the illusion, he also offers a modest, widely sharable standard of global economic justice and makes detailed, realistic proposals toward fulfilling it. Thoroughly updated, the second edition of this classic book incorporates responses to critics and a new chapter introducing Pogge's current work on pharmaceutical patent reform.
Author: Mads Andenas Publisher: Springer Nature ISBN: 3030573249 Category : Law Languages : en Pages : 417
Book Description
This book conducts a comparative legal study from two analytical points of view. First, it accounts for the legal dimensions of the fight against poverty and the right to development as seen from the perspective of domestic legal law. It examines the domestic legal tools, such as constitutional law, that aim to contribute to the fight against poverty and the right to development. Second, the book accounts for the domestic contributions to the international legal framework and examines cross-cutting themes of the contemporary state-of-play on the fight against poverty more broadly and of the right to development. The book consists of several national and thematic reports, which look at these issues from either a national or a thematic perspective. Its first chapter is a general report, which draws on the national and thematic reports to compare, systematize and question the contemporary features at play within the field of the fight against poverty and the right to development.
Author: Juliet Brodie Publisher: Aspen Publishing ISBN: 1543821022 Category : Social Science Languages : en Pages : 1083
Book Description
Poverty Law, Policy, and Practice is organized around an overview and history of federal policies, significant poverty law cases, and major government antipoverty programs—welfare, housing, health, legal aid, etc.--which map onto important theoretical, doctrinal, policy, and practice questions. The book includes academic debates about the nature and causes of poverty as well as various texts that help illuminate the struggles faced by poor people. Throughout, it contains reading selections highlighting different perspectives on whether poverty is primarily caused by individual actions, structural constraints, or a mix of both. Readers will come away from the book with both a sense of the legal and policy challenges that confront antipoverty efforts, and with an understanding of the trade-offs inherent in different government approaches to dealing with poverty. New to the Second Edition: Updated coverage of the Affordable Care Act (Obamacare) Updated coverage of criminalization of poverty and efforts to decriminalize poverty Additional content for every chapter, with an emphasis on new cases, data, and sources Professors and students will benefit from: Three beginning chapters of general background on poverty numbers (data), social welfare (policy) and constitutional law (doctrine), followed by substantive chapters that can be selected based on professor interest, which makes the book easy to use even for 2-credit classes Emerging topics at the intersection of criminal law and poverty, markets and poverty, and human rights and poverty, in addition to traditional poverty law topics An author team with a combined experience of more than 100 years of teaching and practicing poverty law Highlights throughout the text to the racial and gendered history and nature of poverty in America An emphasis on presenting the most important topics accessibly, with careful editing and selection of excerpts to make the most of student and professor time A mix in every chapter of theory, program details, advocacy strategies, and the experiences of poor people
Author: Ane Aranguiz Publisher: Routledge ISBN: 1000563529 Category : Business & Economics Languages : en Pages : 201
Book Description
This book examines the potential role of European Union law in combating poverty and social exclusion in the European Union. Anti-poverty strategies have been part of the European Union agenda for decades. Most saliently, over a decade ago, the EU’s Member States pledged to lift 20 million people out of poverty. In spite of this commitment, the EU did not even meet a quarter of this target, and over 113 million people still were at risk of poverty and social exclusion by the end of 2020. This book addresses the incongruence between a quite developed EU policy strategy and a well-embedded legal objective on the one hand, and the lack of direct legal action on the other. Analysing the role of social policy instruments, fundamental rights, and the constitutional framework of the European Union, it makes a detailed case for a contribution of EU law to the policy objective of combating poverty and social exclusion. Drawing on work in law, politics, social policy and economics, this book will interest scholars and policymakers in the areas of EU law, labour and social security, human rights, political science and social and public policy.
Author: S.N. Chaudhary Publisher: Concept Publishing Company ISBN: 9788180691805 Category : Human rights Languages : en Pages : 308
Book Description
The 94 Papers In This Set Of Five Volumes, Presented At An International Conference, Organised By Barkatullah University, Bhopal, Analyse The Interface Between Human Rights And Poverty, With Particular Reference To India. Dealing With Conceptual Theoretical And Philosophical Dimensions Of Poverty And Human Rights, They Address A Wide Range Of Issues Pertaining To The Situation Of Human Rights And Poverty Among Different Social Groups In Different States Of The Country. The Role Of National Human Rights Commission And Ngos In The Protection Of Human Rights And In Eradication Of Poverty Has Also Been Analysed.
Author: Lucy Williams Publisher: Zed Books Ltd. ISBN: 1848137109 Category : Social Science Languages : en Pages : 230
Book Description
This book seeks to advance the emerging field of international poverty law. While law and development discourse has dealt with international poverty, advocates of poverty reduction customarily operate within a nation-state context. The contributors to this volume, while largely, although not exclusively, relying on human rights discourse and United Nations, International Labour Organization and World Trade Organization initiatives as their primary legal sources, begin to position international poverty law as a legitimate field for transnational, multidisciplinary legal research and dialogue. While critiquing both legal theory and current policy, they nevertheless open up a constructive prospect of specific arenas in which the development of international poverty law can contribute to addressing poverty reduction. The opening chapters of this volume provide a framework within which to position the future theoretical development of international poverty law. The rest of the book explores specific human rights initiatives that address particular aspects of poverty. These include an overview of human rights conventions and how they can be connected to international poverty law; measures required to counter the tendency of intellectual property law as applied to biological products and processes to undermine food security; the right to food as framed in United Nations development documents; the potential role that voluntary codes of conduct currently being adopted by some transnational corporations might play in poverty reduction; and the startlingly important development in the new South Africa of an alternative vision of constitutional law that takes account of international human rights instruments in moving towards rendering social and economic rights justifiable.
Author: David Lawson Publisher: Routledge ISBN: 1315407086 Category : Business & Economics Languages : en Pages : 211
Book Description
Access to justice is a fundamental right guaranteed under a wide body of international, regional and domestic law. It is also an essential component of development policies which seek to adequately respond to the multidimensional deprivations faced by the poor in order to improve socio-economic well-being and advance the progress of the Sustainable Development Goals. Women and children make up most of Africa’s poorest and most marginalized population, and as such are often prevented from enforcing rights or seeking other recourse. This book explores and analyzes the issue of gendered access to justice, poverty and disempowerment across Sub-Saharan Africa (SSA), and provides policy discussions on the integration of gender in justice programming. Through individual country case studies, the book focuses on the challenges, obstacles and successes of developing and implementing gender focused access to justice policies and programming in the region. This multidisciplinary volume will be of interest to policy makers as well as scholars and researchers focusing on poverty and gender policy across law, economics and global development in Sub-Saharan Africa. Additionally, the volume provides policy discussion applicable in other geographical areas where access to justice is elusive for the poor and marginalized.
Author: Polly Vizard Publisher: OUP Oxford ISBN: 0191515221 Category : Political Science Languages : en Pages : 288
Book Description
'Poverty itself is a violation of numerous basic human rights.' (Mary Robinson, former UN High Commissioner on Human Rights) The idea that freedom from poverty is a basic human right that gives rise to moral and legal obligations of governments and other actors has received increased international attention in recent years. Mary Robinson, the former UN High Commissioner for Human Rights, has pushed the international agenda on poverty and human rights forward by characterizing extreme poverty as one of the key human rights problems that the world faces. The recognition of poverty as a human rights issue is also increasingly reflected in the work of international organizations such as the United Nations Development Programme (UNDP) and the United Nations Children's Fund (UNICEF), and of campaigning organizations such as Oxfam, Human Rights Watch, and Amnesty International. In Poverty and Human Rights Vizard analyses the importance of the work of the Nobel Laureate Amartya Sen for contemporary debates about poverty and human rights. Bringing together perspectives from ethics, economics, and international law, Vizard provides a detailed and concise analysis of Sen's contributions and examines the ways in which his work has promoted cross-fertilization and integration across traditional disciplinary divides. She demonstrates that Sen has made a major contribution to the development of an 'interdisciplinary bridge' between human rights and theoretical and empirical economics, and to the establishment of poverty as a human rights issue. Vizard demonstrates that Sen's work has deepened and expanded human rights discourse in important and influential ways. In ethics, Sen is shown to have challenged the exclusion of poverty, hunger, and starvation from the characterization of fundamental freedoms and human rights, and to have contributed to the development of a framework in which authoritatively recognized international standards in this field can be meaningfully conceptualized and coherently understood. In economics, Sen is shown to have set out a far-reaching critique of standard frameworks that fail to take account of fundamental freedoms and human rights, and to have moved the economics and human rights agenda forward by pioneering the development of new paradigms and approaches which focus on these concerns.
Author: Suzanne Egan Publisher: Edward Elgar Publishing ISBN: 183910211X Category : Political Science Languages : en Pages : 224
Book Description
This timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches.
Author: David Bilchitz
Author: David Bilchitz
Author: Thomas W. Pogge
Author: Mads Andenas
Author: Juliet Brodie
Author: Ane Aranguiz
Author: S.N. Chaudhary
Author: Lucy Williams
Author: David Lawson
Author: Polly Vizard
Author: Suzanne Egan