Research Handbook on International Law and Social Rights

Edited by Christina Binder, Jane A. Hofbauer, Department for Public Law and International Law, University of the Bundeswehr Munich, Germany, Flávia Piovesan, Faculty of Law, Pontifical Catholic University of São Paulo, Brazil, Amaya Úbeda de Torres, Senior Lawyer, Council of Europe

'Economic and social rights have for a long time been the wallflowers in international human rights. Fortunately, this seems to be changing. We witness increasing acceptance of social rights as genuine human rights, albeit demanding an open mind, and overcoming many obstacles, in making them effective. Legal and social science literature driving this has grown remarkably in recent years. The Research Handbook now succeeds in integrating these new streams of thinking in a comprehensive, complete and compact way. It is the most efficient and up-to-date tool to acquaint us with the state of the field. As a veteran of the UN efforts to have international social rights taken seriously, I applaud its editors and authors on an achievement that is both academically respectable and useful in practice.'--Bruno Simma, University of Michigan, US and Former Member of the UN Committee on Economic, Social and Cultural Rights'This Research Handbook, written by recognized experts, presents a timely and much-needed appraisal of the theory and recent practice of social rights in international law. It examines carefully the general aspects of international law and social rights, followed by in-depth studies of universal and regional analyses of the protection of social rights. The Handbook concludes with a series of lucidly written chapters showing the inter-linkages with other international regimes.'--Eibe Riedel, University of Mannheim, Germany

• Contents:Introduction: International Law and Social RightsChristina Binder, Jane A Hofbauer, Flávia Piovesan, Amaya Úbeda de TorresPart 1 General Aspects of International Law and Social Rights1.Social Rights in International Law: Categorizations versus Indivisibility Manfred Nowak 2.The Nature of Social Rights as Obligations of International Law – Resource Availability, Progressive Realization and the Obligations to Respect, Protect, FulfilVeronika Bílková3.Justiciability and Social RightsAmaya Úbeda de Torres4.Pursuing Global Socio-Economic, Colonial and Environmental Justice through Economic Redistribution: The Potential Significance of Human Rights Treaty ObligationsRalph WildePart 2 The Protection of Social Rights in International Human Rights LawA.Universal Protection 5.Social Rights Protection in the ICESCR and its Optional Protocol – The Role of the Committee on Economic, Social and Cultural RightsZdzisław (Dzidek) Kędzia6.Social Rights Protection through Core International Human Rights Treaties beyond the ICESCRThomas KleinleinB.Regional Protection7.The European Social Charter Karin Lukas8. Social Rights in the Jurisprudence of the European Court of Human RightsEugenia López-Jacoiste9.The Protection of Social Rights by the Inter-American Commission on Human Rights RightsFlávia Piovesan, Mariela Morales Antoniazzi, Julia Cortez da Cunha Cruz10.Social Rights in the Jurisprudence of the Inter-American Court of Human RightsEduardo Ferrer Mac-Gregor11.Social Rights in the African System for the Protection and Promotion of Human and Peoples’ RightsFrans ViljoenC. Social Rights as a Tool to Fight Inequality and to Protect and Ensure Diversity12.The Social Rights of African Descendants, with Focus on the AmericasManuel Góngora-Mera13. Social Rights as Persons with Disabilities’ RightsFrancesco Seatzu14. Stateless Persons and Social RightsMarija Dobrić, Philipp Janig15. Social Rights of MinoritiesAris ConstantinidesPart 3 The Implementation and Enforcement of Social Rights16.Monitoring the Implementation of Social Rights through Indicators with Special Focus on the Inter-American LevelLaura C Pautassi17.The Role of Domestic Actors in the Implementation and Enforcement of Social Rights Andreas Th Müller18. The Role of Civil Society Organizations in the Protection of Social RightsDaniela Ikawa19.The Proceduralization of Social Rights: Access to Information, Justice and RemediesYota NegishiPart 4 Crisis and Social Rights / Challenges to Social Rights20.Austerity Measures and Women’s Social and Economic Rights: We Need to Look DeeperAbby Kendrick, Juan Pablo Bohoslavsky21. Corporations and Social RightsJudith Schönsteiner22. The Implications of Corruption on Social RightsKolawole Olaniyan23. Social Rights Adjudication and the Future of the Welfare State Elise Dermine24. Social Rights in Armed Conflict SituationsAmrei MüllerPart 5 Social Rights in Perspective: Interlinkages with Other International Regimes25. International Investment Law and Social Rights: Interactions and EncountersEric De Brabandere26. Financial Institutions and Social Rights: From Foes to Friends?Matthias Goldmann27. Social Rights and the Sustainable Development GoalsInga T Winkler, Matheus de Carvalho Hernandez28. The Environment and Social Rights Danwood Mzikenge Chirwa, Amanda ZT Mkhonza29. Climate Change and Social Rights: Perspectives on Legal ObligationsSiobhán McInerney-Lankford30. International Criminal Law and Social RightsEvelyne SchmidIndex