Reflections on state obligations with respect to economic, social and cultural rights in international human rights law

Ssenyonjo, Manisuli

doi:10.1080/13642981003719158

Cited by 17 publications

(9 citation statements)

References 11 publications

(11 reference statements)

Supporting

Mentioning

Contrasting

Order By: Relevance

“…110 Accordingly, while the nature and form of development that should be pursued under the human rights order is highly contested, neoliberalism has prevailed. 111 Notably, the inability of the state-centric international human rights regime to act as an effective system of human rights accountability for the TNCs, their shareholders has resulted in the global domination of the neoliberal economic paradigm. 112 Additionally, the state-centric international human rights order cloaks the material realities of inequality, as evidenced in the way the ICESCR's "agrarian reform" provisions are couched and implemented in struggles for access to land by marginalised peoples in developing countries.…”

Section: Exploring the Elements And Implications Of The State-centric...mentioning

confidence: 99%

Reconstructing the global human rights order in pursuit of a binding business human rights treaty in the era of decolonisation

Makore

Osode

Lubisi

2022

TBJ

View full text Add to dashboard Cite

The current global human rights order, eminently propagated in international legal instruments and statements, is to a great extent state-centric in character, bestowing obligations on states, whilst largely ignoring the conduct of non-state actors in the form of transnational corporations (TNCs) and trade governance institutions whose record of human rights adherence is scarcely convincing. This inability to aptly govern the conduct of transnational entities, even when it is evident that their power now eclipses that of states, raises the concern that the extant human rights regime is a neoliberal construct advancing market fundamentalism and widening the economic disparities between developed and developing countries. This article unsettles the doctrinal foundations underlying state centrism in international human rights law, arguing that such a version of human rights is exposing developing countries to neoliberal oligarchs, and market deficiencies, which if not reformed, may entrench underdevelopment. It calls for a decolonised human rights regime which impose human rights obligations on the conduct of transnational entities in pursuit of human dignity, equality and freedom.

show abstract

Section: Exploring the Elements And Implications Of The State-centric...mentioning

confidence: 99%

Reconstructing the global human rights order in pursuit of a binding business human rights treaty in the era of decolonisation

Makore

Osode

Lubisi

2022

TBJ

View full text Add to dashboard Cite

show abstract

“…2.1. of the ICESCR "Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures." A good example of the changing apprehension of the concept of human rights is that in 2008, additional protocol to the ICESCR was opened for parties willing to elevate the role of social, economic, and cultural rights to the one of the ICCPR (see Ssenyonjo 2011;Mapulanga-Hulston 2002) 3 Such as follows: African Charter on Human and Peoples' Rights 1982; Declaration on the Right to Development 1986; United Nations Declaration on the Rights of Indigenous Peoples 2007.…”

Section: Karel Vašák: Three Generations Of Rightsmentioning

confidence: 99%

Karel Vasak’s Generations of Rights and the Contemporary Human Rights Discourse

2019

View full text Add to dashboard Cite

In the late 1970s, when Karel Vasak offered his concept of the three generations of rights, it was inclusive enough to embrace the whole spectrum of existing human rights. Forty years later, this paper explores the nature of contemporary human rights discourse and questions to what extent Vasak's categorization is still relevant. Our work discusses the evolution of the concept of human rights, the changing dichotomies of national and international, individual and collective, and positive and negative rights. This paper uses qualitative methods of content analysis and quantitative frequency analysis method to explore the nature of scholarly discourse presented in human rights journals. Our research findings highlight the dynamic evolution of contemporary human rights discourse. The paper specifically illustrates the increasing emphasis on collective and internationalist rights and the enhancement of human rights matters that are difficult to categorize using Vasak's approach. In doing so, the paper calls for the clarification of the language of contemporary human rights.

show abstract

“…The necessity for every democratization process is to consider whether implementation is reasonable or proportionate with respect to the attainment of these relevant rights, whether this complies with human rights and democratic principles, and whether it is subject to an adequate framework of monitoring and accountability. This would strengthen the legal framework at the national level of accountability as a human right's principle for violation of ESCR, and help empower disadvantaged individuals and groups who suffer because of economic and financial crisis violations of ESCR due to poverty, discrimination, neglect, or unreasonable public policies (Ssenyonjo 2011).…”

Section: Democratization and The Fulfillment Of Economic And Social Rmentioning

confidence: 99%

Toward an International Implementation of Public Policies in Human Rights: A Necessary Step in Every Democratization Process for Advancements in Economic and Social Rights

Alba

2012

Politics & Policy

View full text Add to dashboard Cite

The study and implementation of public policy has been one of the fastest developing fields in the sphere of social sciences. It has been expanded to include an ample range of approaches and academic fields. Likewise, it has been shown as more internationalized and comparative due to the circulation of policies among nations and the importance given to international regimes and organizations concerned with national policies. This article examines the need for an international implementation of a public policy on human rights combining three innovative fields to consider in every democratization process: first, a component on public and global governance; second, a constitutionalist element within international law; and finally, the duty to progressively realize economic and social rights according to the maximum available resources. These can and should be considered within the perspective and analysis of their impact on all democratization processes, which is the objective of this article. Related Articles in this Politics & Policy Special Issue: El estudio y la implementación de las políticas públicas ha sido una de las áreas con el desarrollo más rápido en el campo de las ciencias sociales. Ésta ha sido mostrada como un área más internacionalista y comparativa gracias a la circulación de políticas entre naciones, y a la importancia dada a los regímenes y organizaciones internacionales enfocados en las políticas nacionales. Este artículo examina la necesidad de una implementación internacional de una política pública en derechos humanos combinando tres áreas innovadoras a considerar en cualquier proceso de democratización. Primero, un componente de gobernanza pública y global; segundo, un elemento constitucionalista dentro del derecho internacional, y por último el deber de avanzar progresivamente derechos sociales y económicos de acuerdo a la máxima disponibilidad de recursos. Estas pueden y deben ser consideradas dentro de la perspectiva y el análisis de su impacto de todos los procesos de democratización.

show abstract

Reflections on state obligations with respect to economic, social and cultural rights in international human rights law

Cited by 17 publications

References 11 publications

Reconstructing the global human rights order in pursuit of a binding business human rights treaty in the era of decolonisation

Reconstructing the global human rights order in pursuit of a binding business human rights treaty in the era of decolonisation

Karel Vasak’s Generations of Rights and the Contemporary Human Rights Discourse

Toward an International Implementation of Public Policies in Human Rights: A Necessary Step in Every Democratization Process for Advancements in Economic and Social Rights

Contact Info

Product

Resources

About