Abstract
What makes the “norm” a distinct concept? How do norms differ from other aspects of the moral and social fabric of society? In this article I argue that imposing stricter boundaries on the ...norm concept could have significant analytical payoffs, especially in the human rights literature. Greater conceptual clarity on the boundaries of the norm concept highlights three important distinctions: the difference between norms and moral principles, norms and supererogatory standards, and norms and formal law. Clarifying what a norm is (and, importantly, what it is not) improves our analytic equipment and theories, but the inquiry is not purely a theoretical exercise. Clarifying the norm concept enables us to ask new questions about, and rethink old findings on issues like the role of shaming in human rights advocacy, the origins of norms and challenges to their construction, what constitutes evidence of the existence of a norm, and whether, in fact, all human rights have been translated into norms.
Abstract
This comment approaches the subjectivity and justiciability of economic and social rights by analysing the recent jurisprudence of the Inter-American Court of Human Rights and the European ...Court of Human Rights. In line with Dzidek Kędzia’s contribution ‘The Committee on Economic, Social and Cultural Rights—The Power of Subjective Rights’ in this special issue, it argues that the development towards the recognition of economic and social rights as subjective rights is ongoing. The comment finds that notwithstanding certain constraints, both courts increasingly recognize economic and social rights in their jurisprudence. In doing so, they employ similar concepts and argumentative techniques as the Committee on ESCR, partly with explicit reference to the findings of the Committee, and also refer to each other. This process of mutual cross-referencing is understood to be the form of judicial dialogue that strengthens and reinforces the justiciability of economic and social rights. It is key to move one step further in the process towards the full recognition of economic and social rights as subjective and enforceable rights.
This article contributes to literature on economic and social rights by examining how everyday places and spaces translate structural inequalities into individualized violations of international ...norms. Drawing on data from a participatory action research project in New York called The Legal Disruption Project (LDP), it argues for new models of knowledge production that bridge gaps between the experiences of marginalized populations and human rights practitioners. The LDP demonstrates how centering the voices of affected communities can contribute substantive insights to effective remedies for human rights violations. In particular, the article suggests potential for explicitly spatial remedies defined through participatory processes of community engagement.
The Quebec model of industrial relations established in the 1960s led to a strengthening of unions both in workplaces and at the political level. Workers benefited from collective bargaining and ...unions became key political interlocutors. From the 1980s onwards, the changes in capitalism have weakened standard employment relations and hampered union organizing. Unions also lost their influence with respect to the state. Advances for workers were mainly gained through the protection of individual rights and struggles led by other social movements. This situation questions both the political strategies of the labour movement and the unions’ ability to represent the diversity of the workforce.
Current issues of international and national guarantees of economic security and some proposals for their improvement outline the developments set out in this article. It is stated that economic ...security is one of the most important components of national security of Ukraine and is its material basis. The concept of economic security is formulated and its components are singled out.
The main international guarantees of economic security are analyzed. It is stated that, according to the main international documents, the state guarantee of social, economic rights, economic security in particular, is carried out gradually, within the maximum limits of available resources. It is stated that the case law of the European Court of Human Rights is an effective guarantee of protection of economic, social and other rights of citizens of Ukraine, economic security of the state.
The main national guarantees of economic security of Ukraine are described. In order to more effectively guarantee economic security, a proposal has been formulated to adopt the Law of Ukraine «On Economic Security of Ukraine», which should clearly define its concepts, components, principles of provision, etc.
The main threats to Ukraine’s economic security have been identified. It is stated that at the present stage of Ukraine’s development, the greatest threat to Ukraine’s economic security is an armed attack by the Russian Federation and the temporary occupation of part of Ukraine’s territory.
Proposals for Ukraine to take measures to more effectively guarantee economic security (ensuring the functioning of the economy on the principles of legality, rule of law, stability, freedom of entrepreneurial activity, priority of national interests of Ukraine; cessation of armed aggression of the Russian Federation against Ukraine and return of temporarily occupied part of Ukraine; real and maximum provision of social and economic rights of citizens, improvement of mechanisms for removing the economy from the shadow sphere, elimination of corruption in economic and other spheres of public life, etc.).
Keywords: economic security of Ukraine, guarantees, economy, state, economic and social rights, international documents.
JEL Classification К10
Formulas: 0; fig.: 1; tabl.: 2; bibl.: 20.
Mobilities in settler states have become a defining feature of indigenous spatiality. This is mainly due to the structural disadvantage of indigenous communities in relation to urban locations. In ...Israel, Palestinian citizens are relocating to Jewish cities because of systemic discrimination, primarily in the allocation of land and housing construction permits in Arab locales. Yet, as this paper shows, their movement is neither unidirectional nor an one-time event, but ongoing and circular. Able to enjoy only certain economic and social rights in indigenous spaces and other rights in settler spaces, Palestinian citizens continuously commute between the two. Utilizing a human rights based approach, the paper unpacks Palestinian mobility practices to illuminate a lacuna in the literature, which has overlooked the quest for rights as a driving force of indigenous mobilities. The paper further demonstrates that circular mobilities become a generative act that connects the settler city to neighboring localities in a way that undermines the separation between ‘Jewish’ and ‘Palestinian’ spaces, and collapses the distinction between the ‘urban’ and ‘regional.’ Rather than attempting to integrate within the city, Palestinians incorporate the city within their own ethno-regional topography, thereby asserting their presence and a claim to the city-space itself.
In this article, cooperatives were examined on their distinctive structure, questioning whether they can be seen as a way of civil participation on political decision-making, by presenting some ...recent cases from Turkish Forestry Cooperatives. Firstly, the place of the civil society in participatory democracies and the importance of economic and social conditions in this perspective and consequently the role of the cooperatives in civil society were explained briefly. Afterwards, the cooperative’s practical impact on political decision-making was analysed over the instance of OR-KOOP including core information on cooperatives and forest villagers in Turkey —representing a community lower economic facilities— in the search of fundamental necessities for an expected participation in political decision-making processes. Finally, constitutional significance of the forests and the cooperatives were revealed with regard to the crossing concepts of participatory democracy, sustainable development and human rights.
Received: 29 July 2022 Accepted: 27 April 2023
In this article I aim to identify the nature of poverty discrimination, its judicial treatment and possible redressal within the discourse of discrimination law. The article delineates a key ...‘intersectional’ feature of poverty as one which intersects with (i) multiple disadvantages of redistribution (joblessness, homelessness, malnutrition, illiteracy), recognition (stereotypes, stigma, humiliation), participation (social and political exclusion) and transformation (structural domination); as well as (ii) multiple grounds and status-identities (like race, colour, religion, sex, gender, sexual orientation, disability, age and so on). This complex and cross-cutting intersectional nature of poverty can be recognised in discrimination law not only by reading in poverty as a ground, but also by opening up ways of thinking about poverty as central to our conceptual understanding of equality and non-discrimination per se. Treating poverty as a matter of discriminatory context or as a matter of substantive equality are two such worthwhile strategies to take a cue from.
The 2015 Paris Agreement on climate change is relevant to human rights law, not for what it says about human rights— which is next to nothing—but for what it says about the need to address the risk ...of climate change taking global temperatures above 1.5 or 2 °C. The Agreement could work, or it could fail by a large margin, but those who want to influence the outcome can still do so. That includes the human rights community. Since climate change is plainly a threat to human rights, how should the UN human rights institutions respond? Should they use their existing powers of oversight to focus attention on how States parties implement (or fail to implement) commitments made in the Paris Agreement? Or should they recognize a right to the enjoyment of a safe, clean, healthy and sustainable environment? Either choice would represent a significant contribution to the debate on human rights and climate change, giving humanity as a whole a voice that at present is scarcely heard.
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