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Exploring Social Rights

Between Theory and Practice

Editor(s): Daphne Barak-Erez, Aeyal Gross
Media of Exploring Social Rights
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Published: 19-12-2007
Format: PDF eBook (?)
Edition: 1st
Extent: 416
ISBN: 9781847313874
Imprint: Hart Publishing
RRP: £31.49
Online price : £18.89
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About Exploring Social Rights

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)

Table Of Contents

1 Introduction: Do We Need Social Rights? Questions in the Era of
Globalisation, Privatisation, and the Diminished Welfare State
DAPHNE BARAK-EREZ AND AEYAL M GROSS
Part I: Theoretical Perspectives on Social Rights
2 The Constitution, Social Rights and Liberal Political Justification
FRANK I MICHELMAN
3 Failed Decolonisation and the Future of Social Rights: Some Preliminary Reflections
UPENDRA BAXI
4 'If you don't pay, you die': On Death and Desire in the Postcolony
LUCIE WHITE
Part II: Global and Regional Perspectives on Social Rights
5 Stuck in a Moment in Time: The International Justiciability of Economic, Social and Cultural Rights
YUVAL SHANY
6 Social Rights and Social Policy: Transformations on the International Landscape
KERRY RITTICH
7 Indirect Protection of Social Rights by the European Court of Human Rights
EVA BREMS
Part III: National Perspectives on Social Rights
8 Social Rights Litigation in India: Developments of the Last Decade
JAYNA KOTHARI
9 Socio-Economic Rights: The Promise and Limitation-The South African Experience
DENNIS M DAVIS
10 Social Rights in Canada
PATRICK MACKLEM
11 Social Citizenship: The Neglected Aspect of Israeli Constitutional Law
DAPHNE BARAK-EREZ AND AEYAL M GROSS
Part IV: Implementing Specific Social Rights
12 The Many Faces of the Right to Education
YORAM RABIN
13 The Right to Health in an Era of Privatisation and Globalisation: National and International Perspectives
AEYAL M GROSS
14 The Right to Work-The Value of Work
GUY MUNDLAK
Part V: Social Rights of Special Groups
15 The Social Rights of People with Disabilities: Reconciling Care and Justice
NETA ZIV
16 Social Rights as Women's Rights
DAPHNE BARAK-EREZ

Reviews

“[This] excellent edited volume…is an important contribution to debates about social rights...The chapters in the book reflect a diverse range of theoretical perspectives...this very valuable and well edited book is a must read to adherents of social rights.” –  Gad Barzilai, The Law & Politics Book Review Vol.19, No.6,

“Exploring Social Rights is a well thoughtout compilation of articles circling around the social rights complex...The book commits itself clearly to the expansion of human welfare and the reduction of socio-economic inequalities...The book,
although it is a compilation of articles, can be read like a monograph because all the articles harmonize well. At the same time, they offer wide-ranging and detailed insights into different aspects of the social rights debate.
” –  Ana Paula Barbosa, European Journal of International Law Vol 19, No 5

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