Why Bother? Measuring Economic Rights: The Research Agenda

Hertel, Shareen

doi:10.1111/j.1528-3585.2006.00247.x

Cited by 10 publications

(5 citation statements)

References 32 publications

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“…Nevertheless, the campaign's stress on state responsibility for stewardship of existing resources is consistent with the interpretation of economic rights obligations centrally articulated in the International Covenant on Economic, Social and Cultural Rights (ICESCR), which India has ratified. The ICESCR stipulates that states have an obligation to draw to the maximum extent possible upon all available resources to fulfil economic rights more fully over time (Hertel, ; Hertel and Minkler, ). The treaty does not spell out a minimum floor for fulfilment of any of the economic rights it enunciates, nor has it been interpreted until very recently to include state responsibility for the structural decisions that give rise to the unequal social allocation of resources within or between states .…”

Section: Theoretical Roots Of Economic Rights Pragmatismmentioning

confidence: 99%

Hungry for Justice: Social Mobilization on the Right to Food in India

Hertel¹

2014

Development and Change

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This article explores the potential and limits of contemporary economic rights-based social activism by analysing an ongoing 'Right to Food Campaign' in India. While social movement theory often positions radical and reform strategies as alternatives, the RTF campaign has adopted a hybrid strategy: it has made a radical legal demand that the right to food be recognized as intrinsic to the right to life, while seeking implementation of this right through reform of existing government feeding programmes. The campaign's dual strategy reflects two distinct logics of human rights: a logic of non-derogable rights that are immediately actionable (such as the right to life) and a logic of progressive implementation of rights that can only be realized fully over time (such as economic rights). This article draws on original data to demonstrate that the campaign's radical legal demands framed around the non-derogable right to life have come closer to fulfilment than its reformist demands around progressive implementation. The RTF campaign's relative success in galvanizing legal action on hunger is tempered by ongoing challenges in sustaining grassroots-level mobilization and influencing public policy implementation.

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Section: Theoretical Roots Of Economic Rights Pragmatismmentioning

confidence: 99%

Hungry for Justice: Social Mobilization on the Right to Food in India

Hertel¹

2014

Development and Change

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“…For instance, Dichter (2006) argues that microcredit lending is helpful for poverty alleviation only insofar as people are enabled to succeed, whether through rights or good governance. The state ultimately determines whether and how human rights are granted or enforced, thereby creating a rights environment within which economic activity occurs (Richards, Gelleny, and Sacko 2001;Hertel 2006). If the state restricts or does not enforce human rights, one would expect to see less economic development, as these rights are important for the ability for citizens to utilize economic opportunities.…”

Section: Factors Affecting the Success Of Mfis And Microcredit Lendingmentioning

confidence: 99%

The Effects of Human Rights on the Success of Microcredit Lending Institutions

Bremer

Krain²

2014

Journal of Human Rights

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This study explores the relationship between human rights and the success of microfinance institutions (MFIs). Microfinance emphasizes the empowerment of women, yet no study has examined whether the existing human rights environment, or the rights environment for women specifically, helps or hinders the effectiveness of this grassroots development approach. We test competing hypotheses, including the possibility that the rights environment affects MFI success, the possibility of an inverse relationship between levels of women's political or economic oppression and MFI success, and the expectation of no relationship. Our quantitative analysis of MFIs in the Opportunity International Network suggests that the overall human rights environment in which they operate has significant effects on repayment rates, while women's economic rights affect the operational self-sufficiency of MFIs. This has important implications for our understanding of the factors that make microfinance institutions viable, and for the degree of access that underserved communities have to credit.

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“…As Hertel and Minkler point out, “economic rights remain less well articulated than civil and political rights, less accurately measured, and less consistently implemented in public policy” (Hertel, 2006). In this context, some scholars suggest that ESC rights should not be monitored at all (McNitt, 1998).…”

Section: The Issue Of Justiciability Of Economic Social and Cultural Rightsmentioning

confidence: 99%

Economic, social and cultural rights of women

Arif

2019

IJLMA

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Purpose The purpose of this paper is to highlight the legal framework and challenges to economic, social and cultural (ESC) rights of women. Design/methodology/approach This paper focuses on ESC rights of women. ESC rights are recognized under primary instrument International Covenant on Economic, Social and Cultural Rights (ICESCR), which is adopted by the United Nations (UN) in 1966. States have obligations to respect, protect and fulfil ESC rights. This paper aims to address ESC rights of women in particular. It analyzes the international legal framework including provisions of UN Charter, the Universal Declaration of Human Rights (UDHR) and ICESCR and its optional protocol. It also analyzes provisions of Women’s Convention and identifies its linkage to ICESCR. Findings ESC rights are not justiciable and growing debate over justiciability is important for consideration. Also, there exist certain challenges for the progressive realization of ESC rights which need to be addressed by analyzing provisions of the existing legal framework and Maastricht Guidelines. The argument developed throughout the paper is that women’s ESC rights may be protected at all levels by the progressive realization of these rights. The issue of justiciability may also be resolved to protect the basic needs and interests of women that leads to their empowerment. Originality/value The work is original and not published by any other journal so far.

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Why Bother? Measuring Economic Rights: The Research Agenda

Cited by 10 publications

References 32 publications

Hungry for Justice: Social Mobilization on the Right to Food in India

Hungry for Justice: Social Mobilization on the Right to Food in India

The Effects of Human Rights on the Success of Microcredit Lending Institutions

Economic, social and cultural rights of women

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