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Access to Medicine as a Human Right

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins with a background note on international human rights law and the right to health — the most commonly mentioned basis for a right to access to medicine — as well as human rights ... More


The Social Contract of the Modern Welfare State

Amir Paz-Fuchs

in Welfare to Work: Conditional Rights in Social Policy

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199237418
eISBN:
9780191717192
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199237418.003.0002
Subject:
Law, Employment Law

This chapter focuses on the intersection between the two fundamental pillars under investigation: the social contract and the welfare state. The social contract provides the normative platform for ... More


The United Kingdom and the International Covenant on Economic, Social and Cultural Rights

Ed Bates

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0011
Subject:
Law, Human Rights and Immigration

This chapter explores how the International Covenant on Economic, Social and Cultural Rights (ICESCR) has been of relevance for the British government in recent years and the British government's ... More


Economic, Social, and Cultural Rights in Action

Mashood Baderin and Robert McCorquodale (eds)

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.001.0001
Subject:
Law, Human Rights and Immigration

On 16 December 1966 the United Nations adopted the International Covenant on Economic, Social and Cultural Rights. This was the first global treaty that established legal obligations on states to ... More


The Rights to Social Security and Social Assistance: Towards an Analytical Framework 1

Jennifer Tooze

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0013
Subject:
Law, Human Rights and Immigration

This chapter argues that the rights to social security and to social assistance in international law can be translated into state obligations that can be effectively monitored and enforced. It begins ... More


Democracy and the Promotion and Protection of Socio-Economic Rights

Richard Burchill

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0014
Subject:
Law, Human Rights and Immigration

This chapter examines the relationship between democracy and economic, social, and cultural rights. It discusses the problems that have arisen in the international legal discourse due to the ... More


A Human Rights-Based Approach to Health Indicators

Paul Hunt and Gillian MacNaughton

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0012
Subject:
Law, Human Rights and Immigration

In 1993, the World Conference on Human Rights urged the examination of ‘a system of indicators to measure progress in the realization [of ESC rights]’ because the use of specific human rights ... More


Culture, Cultures, and Cultural Rights

Dominic McGoldrick

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0017
Subject:
Law, Human Rights and Immigration

This chapter considers the challenges of dealing with culture and cultures, as well as the ideas and substance of cultural rights, especially article 15 of the International Covenant on Economic, ... More


Social Movements and the Expansion of Economic and Social Human Rights Advocacy among International NGOs

Paul J. Nelson

in Closing the Rights Gap: From Human Rights to Social Transformation

Published in print:
2015
Published Online:
September 2015
ISBN:
9780520283091
eISBN:
9780520958920
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520283091.003.0008
Subject:
Sociology, Law, Crime and Deviance

An important set of non-governmental organizations from the human rights and international development sectors has adopted a new posture toward economic and social issues, drawing on human rights ... More


CLARIFICATIONS AND OBJECTIONS

William Talbott

in Which Rights Should Be Universal?

Published in print:
2005
Published Online:
April 2005
ISBN:
9780195173475
eISBN:
9780199835331
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195173473.003.0008
Subject:
Philosophy, General

In this chapter, Talbott responds to four main objections: (1) Rorty’s defense of Humean moral antirealism, the view that the development of human rights norms is a progress of sentiment, not reason; ... More


Introduction

Oche Onazi

in Human Rights from Community: A Rights-Based Approach to Development

Published in print:
2013
Published Online:
January 2014
ISBN:
9780748654673
eISBN:
9780748693870
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748654673.003.0001
Subject:
Political Science, International Relations and Politics

The introductory chapter discusses the problems – particularly of state failure and market exclusion – that it argues should yield to an approach based on community. It sets out the justification and ... More


Linking Law and Economics: Translating Economic and Social Human Rights Norms into Public Policy

William F. Felice

in Closing the Rights Gap: From Human Rights to Social Transformation

Published in print:
2015
Published Online:
September 2015
ISBN:
9780520283091
eISBN:
9780520958920
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520283091.003.0003
Subject:
Sociology, Law, Crime and Deviance

U.N. agencies have worked relentlessly to define states obligations to respect, protect, and fulfill the economic and social human rights articulated in international law. Other international ... More


Do Non-Human Rights Regimes Undermine the Achievement of Economic and Social Rights?

M. Rodwan Abouharb, David L. Cingranelli, and Mikhail Filippov

in Closing the Rights Gap: From Human Rights to Social Transformation

Published in print:
2015
Published Online:
September 2015
ISBN:
9780520283091
eISBN:
9780520958920
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520283091.003.0002
Subject:
Sociology, Law, Crime and Deviance

Due to the multiple principals problem, state participation in several international regimes increases agency loss between citizens and politicians and worsens human rights outcomes. The overall ... More


The Human Rights and Equalities Agenda

Polly Vizard

in Social Advantage and Disadvantage

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198737070
eISBN:
9780191800597
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737070.003.0003
Subject:
Political Science, Political Economy

The chapter examines the role of human rights in addressing social (dis)advantage. It suggests that human rights can play an important role in framing the claims of the disadvantaged and the ... More


The Office of the United Nations High Commissioner for Human Rights: Mapping the Evolution of the Right to Health

Gillian MacNaughton and Mariah McGill

in Human Rights in Global Health: Rights-Based Governance for a Globalizing World

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190672676
eISBN:
9780190672713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190672676.003.0022
Subject:
Law, Human Rights and Immigration, Public International Law

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their ... More


The Impact of Legal Strategies for Claiming Economic and Social Rights

Varun Gauri and Daniel M. Brinks

in Closing the Rights Gap: From Human Rights to Social Transformation

Published in print:
2015
Published Online:
September 2015
ISBN:
9780520283091
eISBN:
9780520958920
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520283091.003.0005
Subject:
Sociology, Law, Crime and Deviance

After reviewing health and education rights cases in Brazil, India, Indonesia, Nigeria, and South Africa, this chapter presents a framework for explaining when economic and social rights cases arise, ... More


The Contested Legitimacy of Investment Arbitration and the Human Rights Ordeal: The Missing Link

Horatia Muir Watt

in International Arbitration and Global Governance: Contending Theories and Evidence

Published in print:
2014
Published Online:
August 2014
ISBN:
9780198716723
eISBN:
9780191785337
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716723.003.0009
Subject:
Political Science, International Relations and Politics

Structural inequalities within the international investment regime, along with negative distributional consequences, may be perpetuated through arbitration, which is designed to implement the ... More


Poverty, Agency, and Human Rights

Diana Tietjens Meyers

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199975877
eISBN:
9780199396917
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199975877.001.0001
Subject:
Philosophy, Moral Philosophy, Political Philosophy

This book analyzes how human agency—the capacity for free choice and action—relates to poverty and human rights, respectively, as well as how agency links poverty to human rights. It is divided into ... More


Interpretation of the ICESCR: Between Morality and State Consent

Daniel Moeckli

in The Human Rights Covenants at 50: Their Past, Present, and Future

Published in print:
2018
Published Online:
August 2018
ISBN:
9780198825890
eISBN:
9780191864902
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825890.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

The Committee on Economic, Social and Cultural Rights has developed a number of methods for interpreting the ICESCR that are often described as ‘special’ and as falling outside the framework of VCLT ... More


Human Rights Violations and Conflict Risk: A Theoretical and Empirical Assessment

Kjersti Skarstad

in Promoting Peace Through International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198722731
eISBN:
9780191789496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198722731.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

A central premise and promise of human rights law is that the protection of human rights leads to greater peace for societies. Yet, in empirical conflict research, rights violations have largely not ... More


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