Social and Economic Rights and Constitutional Law

Edited by Sandra Fredman, Professor of the Laws of the British Commonwealth and USA, Faculty of Law and Director, Oxford Human Rights Hub, Oxford and Meghan Campbell, Reader in International Human Rights Law, Faculty of Law, University of Birmingham, and Deputy-Director, Oxford Human Rights Hub, University of Oxford, UK

• Contents:Introduction Coming of Age: Socio-economic Rights as Human RightsSandra FredmanPART IFOUNDATIONAL PRINCIPLES1.Amartya Sen (2004), ‘Elements of a Theory of Human Rights’, Philosophy and Public Affairs, 32 (4), Fall, 315–562.Frank I. Michelman (2003), ‘The Constitution, Social Rights, and Liberal Political Justification’, International Journal of Constitutional Law, 1 (1), January, 13–343.Onora O’Neill (2005), ‘The Dark Side of Human Rights’, International Affairs, 81 (2), 427–394.Karl Klare (2015), ‘Critical Perspectives on Social and Economic Rights, Democracy and Separation of Powers’, in Helena Alviar Garcia, Karl Klare and Lucy A. Williams (eds), Social and Economic Rights in Theory and Practice: Critical Inquiries, Chapter 1, Abingdon, UK and New York, NY, USA: Routledge, 3–22, references5.Sandra Liebenberg (2005), ‘The Value of Human Dignity in Interpreting Socio-Economic Rights’, South African Journal on Human Rights, 21, 1–31PART IICONCEPTUALISING THE RELATIONSHIP BETWEEN RIGHTS AND DUTIES6.Philip Alston and Gerard Quinn (1987), ‘The Nature and Scope of States Parties’ Obligations under the International Covenant on Economic, Social and Cultural Rights’, Human Rights Quarterly, 9 (2), May, 156–2297.Audrey R. Chapman (1996), ‘A “Violations Approach” for Monitoring the International Covenant on Economic, Social and Cultural Rights’, Human Rights Quarterly, 18 (1), February, 23–668.Katharine G. Young (2008), ‘The Minimum Core of Economic and Social Rights: A Concept in Search of Content’, Yale Journal of International Law, 33, 113–759.Sigrun Skogly (2012), ‘The Requirement of Using the “Maximum of Available Resources” for Human Rights Realisation: A Question of Quality as Well as Quantity?’, Human Rights Law Review, 12 (3), 393–42010.Colin Harvey and Eoin Rooney (2010), ‘Integrating Human Rights? Socio-Economic Rights and Budget Analysis’, European Human Rights Law Review, 3, 266–7911.Magdalena Sepúlveda Carmona (2009), ‘The Obligations of “International Assistance and Cooperation” under the International Covenant on Economic, Social and Cultural Rights. A Possible Entry Point to a Human Rights Based Approach to Millennium Development Goal 8’, International Journal of Human Rights, 13 (1), 86–109PART IIITHE ROLE OF COURTS12.Jeff A. King (2008), ‘Institutional Approaches to Judicial Restraint’, Oxford Journal of Legal Studies, 28 (3), Autumn, 409–4113.Rosalind Dixon (2007), ‘Creating Dialogue about Socioeconomic Rights: Strong-Form versus Weak-Form Judicial Review Revisited’, International Journal of Constitutional Law, 5 (3), July, 391–41814.Alicia Ely Yamin (2014), ‘Promoting Equity in Health: What Role for Courts?’, Health and Human Rights Journal, 16 (2), December,1–9PART IVEQUALITY AND SOCIO-ECONOMIC RIGHTS15.Sandra Fredman (2007), ‘Redistribution and Recognition: Reconciling Inequalities’, South African Journal on Human Rights, 23, 214–3416.Gwen Brodsky and Shelagh Day (2005), ‘Denial of the Means of Subsistence as an Equality Violation’, Acta Juridica, 149–7017.Kamala Sankaran (2007), ‘Special Provisions and Access to Socio- Economic Rights: Women and the Indian Constitution’, South African Journal on Human Rights, 23, 277–9018.Leilani Farha (2002), ‘Is There a Woman in the House? Re/conceiving the Human Right to Housing?’, Canadian Journal of Women and the Law, 14, 118–4119.Murray Wesson (2007), ‘Equality and Social Rights: An Exploration in Light of the South African Constitution’, Public Law, 748–6920.Beth Goldblatt (2009), ‘The Right to Social Security – Addressing Women’s Poverty and Disadvantage’, South African Journal on Human Rights, 25, 442–6621.Colleen M. Flood and Aeyal Gross (2014), ‘Litigating the Right to Health: What Can We Learn from a Comparative Law and Health Care Systems Approach’, Health and Human Rights Journal, 16 (2), December, 62–72PART VREMEDIAL ENFORCEMENT22.Kent Roach and Geoff Budlender (2005), ‘Mandatory Relief and Supervisory Jurisdiction: When is it Appropriate, Just and Equitable?’, South African Law Journal, 122 (2), 325–5123.Varun Gauri and Daniel M. Brinks (2009), ‘Introduction: The Elements of Legalization and the Triangular Shape of Social and Economic Rights’, in Courting Social Justice: Judicial Enforcement of Social and Economic Rights in the Developing World, Chapter 1, Cambridge, UK: Cambridge University Press, 1–3724.David Landau (2012), ‘The Reality of Social Rights Enforcement’, Harvard International Law Journal, 53 (1), Winter, 402–59Index

‘The Universal Declaration of Human Rights recognised both civil and political rights, on the one hand, and economic and social rights on the other. Yet, until recently far more scholarly attention had been paid to civil and political rights than to economic and social rights. Happily, that has begun to change and the last two decades have seen increasing scholarly attention paid to economic and social rights as well as an emerging jurisprudence on their protection and fulfilment in jurisdictions across the globe. Sandra Fredman and Meghan Campbell have gathered together in one volume some of the most important published work by leading scholars in relation to economic and social rights. The book also includes a fine introduction to the topic written by Sandra Fredman, which provides a clear and helpful outline of current debates. I have no doubt that the book will serve as an invaluable resource for students, scholars, practising lawyers, judges and policy makers, and that it will serve as a spur to further scholarly work in the field.’