Economic, Social, and Cultural Rights in Armed Conflict

Giacca, Gilles

doi:10.1093/acprof:oso/9780198717447.001.0001

Cited by 59 publications

(3 citation statements)

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“…In this vein, States should have recourse to the latter only as a last resort, when limitations have proven to be 22 manifestly insufficient to respond to a public emergency. 25 Derogations might become necessary the longer the restrictions last, since limitations "of a long duration are particularly likely to be disproportionate to the legitimate aim pursued". 26 Speaking about the response to natural disasters, one scholar suggested that States might use derogations, even when limitations would suffice, when in doubt as to whether the measures taken might be in violation of their human rights obligations.…”

Section: Limitations and Derogationsmentioning

confidence: 99%

COVID-19: Testing the Limits of Human Rights

Spadaro

2020

Eur. j. risk regul.

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Section: Limitations and Derogationsmentioning

confidence: 99%

COVID-19: Testing the Limits of Human Rights

Spadaro

2020

Eur. j. risk regul.

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“…The function of "conditions" here remains imprecise, nonetheless it's clear that, theoretically, economic, social, cultural, civil and political rights provide the material conditions (resource, labour, organisations, and so on) for the realisation of "human" rights, which as human (categorically distinct from the economic, social, cultural, civil and political) are consequentially elevated to a quasi-ontological or existential level (cf. Odello, and Seatzu, 2013;Giacca, 2014).…”

Section: The Sources and Conceptual Resources Of Cultural Rightsmentioning

confidence: 99%

Cultural Rights and Cultural Policy: identifying the cultural policy implications of culture as a human right

Vickery¹

2018

LGD

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This article explores the parameters of 'culture' as a Human Right -Cultural Rights -and culture in the Human Rights system of international law and its now globally-pervasive set of axioms. The article attends to definitional issues on the use of culture to determine critical loci of human identity formation and fundamental ethics, and the use of culture to conceptualise the scope and scale of human freedom. Its aim is to define Cultural Rights in direct relation to the interests of cultural policy making and more importantly in relation to the scholarly field of cultural policy research. This will involve defining the legal-institutional sphere of Human Rights and range of applications but only insofar as to focus on issues central to current cultural policy research and its contingent questions of interpretation (such as the meaning of a 'cultural right' in particular social contexts). The secondary aim of this article is to define how cultural policy research (historically invested in particular historical evolution of national arts traditions and heritage management) could be central to the study of 'rights-based' global development.

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“…178-180). The law of occupation also regulates the occupant's duties and responsibilities in relation to ESC rights (Giacca 2014). For instance, article 55 GC IV prescribes obligations in terms of 'ensuring the food and medical supplies of the population', while article 69 AP I imposes an obligation to 'ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occupied territory'.…”

Section: Occupation and Other Instances Of Effective Control Over Ter...mentioning

confidence: 99%

The Routledge Handbook on Extraterritorial Human Rights Obligations

Mark¹,

Erdem²,

Krajewski³

et al. 2021

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The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume.Each chapter combines a thorough analysis of a particular issue area and provides a forwardlooking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption.The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration.

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Economic, Social, and Cultural Rights in Armed Conflict

Cited by 59 publications

References 0 publications

COVID-19: Testing the Limits of Human Rights

COVID-19: Testing the Limits of Human Rights

Cultural Rights and Cultural Policy: identifying the cultural policy implications of culture as a human right

The Routledge Handbook on Extraterritorial Human Rights Obligations

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