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Exploring Social Rights: Between Theory and Practice

Edited by: Daphne Barak-Erez, Aeyal Gross

ISBN13: 9781849462556
Published: September 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback 2007)
Price: £39.99
Hardback edition , ISBN13 9781841136134



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Exploring Social Rights looks into the theoretical and practical implications of social rights. The book is organised in four parts. Part one considers theoretical aspects of social rights, and looks into their place within political and legal theory and within the human rights tradition; part two looks at the status of social rights in international law and various legal systems which are of special interest in this area (the European Human Rights system, Canada, South Africa, India and Israel); part three looks at the content of a few central social rights (such as the right to education and the right to health); and part four looks at the question of the relevance of social rights to distinct social groups (women and people with disabilities).

This book will be of interest to anyone concerned with human rights, the legal protection of social rights, and social policy.

Subjects:
Human Rights and Civil Liberties
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