Full Description
This thoroughly revised and updated second edition of the Research Handbook on International Law and Social Rights provides an in-depth discussion of current debates at the intersection of these topics. Expert contributors analyse the use of social rights as a tool to fight inequality and protect diversity.
Broadening the geographical and thematic coverage of the first edition, this Research Handbook introduces new chapters on social rights protection in Asia and for marginalised groups such as Indigenous peoples, women and migrants. Recontextualising the scope of the book in light of global developments including Russia's war on Ukraine and the COVID-19 pandemic, contributing authors examine the history, nature and current status of social rights at the universal and regional level. They also address the impact of emerging global challenges on social rights, covering algorithmic governance, AI and climate change and explore how social rights frameworks respond to instability, inequality and ecological limits.
This expansive Research Handbook is a valuable resource for students and academics specialising in social rights in international human rights law and other fields of public international law. It is also beneficial for lawyers, NGOs and state officials concerned with the enforcement and implementation of social rights.
Contents
Contents
Introduction: international law and social rights - six years on, the challenges have
grown xxi
Christina Binder and Jane A Hofbauer (on behalf of the editors)
PART I GENERAL ASPECTS OF INTERNATIONAL LAW AND SOCIAL RIGHTS
1 Social rights in international law - categorization versus indivisibility 2
Manfred Nowak
2 The nature of social rights as obligations of international law - resource
availability, progressive realization and the obligations to respect, protect,
fulfil 19
Veronika Bílková
3 Justiciability and social rights 44
Amaya Úbeda de Torres
4 The extraterritorial application of social rights 59
Elif Askin
PART II THE PROTECTION OF SOCIAL RIGHTS IN INTERNATIONAL
HUMAN RIGHTS LAW
Section A Universal Protection
5 Social rights protection under the ICESCR and its Optional Protocol - the
role of the Committee on Economic, Social and Cultural Rights 88
Zdzisław (Dzidek) Kędzia
6 Social rights protection through UN human rights treaties beyond the
ICESCR 116
Thomas Kleinlein
Section B Regional Protection
7 Social rights in the African system for the protection and promotion of
human and peoples' rights 135
Frans Viljoen
8 The complex emergence of social rights in Asia: are they for development
or for claiming? 167
Mike Hayes
9 The European Social Charter 189
Karin Lukas
10 Social rights in the jurisprudence of the European Court of Human Rights 205
Christina Binder
11 The protection of social rights by the Inter-American Commission on
Human Rights 224
Flávia Piovesan, Mariela Morales Antoniazzi and Julia Cortez da Cunha Cruz
12 Social rights in the jurisprudence of the Inter-American Court of Human
Rights 243
Eduardo Ferrer Mac-Gregor
Section C Social Rights as a Tool to Fight Inequality and to Protect and Ensure Diversity
13 The social rights of Indigenous peoples 273
Manuel Góngora-Mera
14 Social rights of minorities 292
Aristoteles Constantinides
15 Engendering social rights: women's rights under the International
Covenant on Economic, Social and Cultural Rights through the lens of
intersectionality and times of crises 315
Andrea Broderickand Nozizwe Dube
16 Migrants and social rights 338
Natalie Sedacca
17 LGBTIQ+ persons and social rights 356
Andreas R Ziegler, Raphaël Bagi and Leo Barnard
18 Enforcing workers' rights against state and corporate actors in
international law 372
Nicolas Bueno and Ingrid Landau
PART III THE IMPLEMENTATION AND ENFORCEMENT OF SOCIAL RIGHTS
19 The role of domestic actors in the implementation and enforcement of
social rights 397
Andreas Th Müller
20 The role of civil society organizations in the protection of social rights 419
Daniela Ikawa
21 The proceduralization of social rights: access to information, justice and
remedies 434
Yota Negishi
22 Guarantees of non-repetition and structural change: a transformative
remedy for social rights? 450
Philipp Janig
23 Cities and social rights: exploring the intersection 467
Maša Kovič Dine
PART IV CHALLENGES TO SOCIAL RIGHTS
24 Social rights, public values, and private code: crafting judicial and
regulatory checks on privatized welfare algorithms 487
René Urueña
25 Artificial intelligence and social rights 506
Irène Couzigou
26 Social rights in armed conflict situations 520
Amrei Müller
27 Breaking with the economic growth paradigm - planetary boundaries and
the future of social rights 544
Jane A Hofbauer
28 Climate change and social rights 563
Markus P Beham
PART V SOCIAL RIGHTS IN PERSPECTIVE: INTERLINKAGES WITH
OTHER INTERNATIONAL REGIMES
29 Three narratives on international trade law and social rights 582
Navina Hasper and Holger Hestermeyer
30 Financial institutions and social rights: it's complicated 598
Matthias Goldmann
31 International labour law and social rights - the Inter-American Court of
Human Rights case law concerning workers' rights 625
Julieta Lobato
