Judicial Protection of Economic, Social and Culture Rights: Case and Materials (Raoul Wallenberg Institute Human Rights Library)

The implementation of economic, social and cultural rights is a most pressing item on the international human rights agenda. Millions of people go without food, health, shelter, education, work, social security, not because the resources are unavailable to provide for these basic human rights, but because societies are badly governed, or democracy is lacking, or the rule of law is absent, or simply because there is a failure of understanding about how to go about the practical implementation of these rights. In the discussion of this issue and about the implementation of economic, social and cultural rights generally, it is sometimes heard that economic, social and cultural rights are rights of progressive application not capable of judicial determination. This volume seeks to bring together, for the first time, a collection of documents and case-law from different parts of the world, which shows the Courts at work in providing judicial protection of economic, social and cultural rights. One conclusion stands out from these cases: the courts do have a role to play in providing judicial protection of these rights; as the decisions reproduced in this volume make clear: the era of justiciability of economic, social and cultural rights has arrived. This Volume Seeks To Bring Together, For The First Time, A Collection Of Documents And Case-law From Different Parts Of The World, Which Shows The Courts At Work In Providing Judicial Protection Of Economic, Social And Cultural Rights. One Conclusion Stands Out From These Cases: The Courts Do Have A Role To Play In Providing Judicial Protection Of These Rights; As The Decisions Reproduced In This Volume Make Clear; The Era Of Justiciability Of Economic, Social And Cultural Rights Has Arrived.--book Jacket. Iii. The Content Of The Legal Obligation To Implement Economic, Social And Cultural Rights -- The Travaux Preparatoires -- Cescr General Comment No. 3. Iv. Principles Of Implementation -- The Limburg Principles On The Implementation Of The International Covenant On Economic, Social And Cultural Rights. V. Progressive Implementation -- Thiagraj Soobramoney V. Minister Of Health (kwazulu-natal) -- Constitutional Court Of South Africa. Vi. Non-discrimination -- F. H. Zwaan-de Vries V. The Netherlands -- Human Rights Committee -- S. W. M. Broeks V. The Netherlands -- Human Rights Committee. Vii. The Right To Adequate Food -- Cescr General Comment No. 12 -- World Food Summit: Five Years Later. Viii. The Right To The Highest Attainable Standard Of Health -- Cescr General Comment No. 14 -- Minister Of Health And Others V. Treatment Action Campaign And Others -- Constitutional Court Of South Africa -- C.e.s.c. Limited V. Subbash Chandra Bose -- Supreme Court Of India -- Consumer Education And Research Centre And Others V. Union Of India And Others -- Supreme Court Of India -- Decision Regarding Communication No. 155/96, The Social And Economic Rights Action Center And The Center For Economic And Social Rgihts / Nigeria -- African Commission On Human And Peoples' Rights. Ix. The Right To Education -- Cescr General Comment No. 13 -- Saburo Ienaga V. The Japanese Government -- Tokyo High Court -- Mohini Jian (miss) V. State Of Karnataka And Others -- Supreme Court Of India. X. The Right To Work -- The Attorney General Of Guyana V. Caterpillar Americas Co. -- Court Of Appeal Of The Supreme Court Of Judicature, Cooperative Republic Of Guyana -- Rudolph James, 'the Right To Work', Guyana Bar Association Review Vol. No. 5, December 1983 -- Mahendra Ramgopal, 'the Right To Work Versus Dismissal At Pleasure In The Cooperative Republic Of Guyana', Guyana Bar Association Review Vol. No. 5, December 1983 -- Mr. L. V. The Municipality Of Hollola -- Supreme Court Of Finland -- Ilo Declaration On Fundamental Principles And Rights At Work And Its Follow-up -- Air India Statutory Corporation Etc. V. United Labour Union And Others -- Supreme Court Of India -- Daily Rated Casual Labour Employed Under P & T Through Bharatiya Dak Tar Madoor Manch V. Union Of India And Others And Naitonal Federation Of P & T Employees Through Its Secretary General And Another V. Union Of India And Another -- Supreme Court Of India -- Life Insurance Corporation Of India And Another V. Consumer Education And Research Centre And Others -- Supreme Court Of India -- Sexual Harassment -- Apparel Export Promotion Council V. A. K. Chopra -- Supreme Court Of India -- Bandhua Mukti Morcha, Etc. V. Union Of India And Others -- Supreme Court Of India. Xi. The Right To Housing -- The Government Of The Republic Of South Africa, The Premier Of The Province Of The Western Cape, The Cape Metropolitan Council And The Oostenberg Municipality V. Irene Grootboom And Others -- Constitutional Court Of South Africa -- P.g. Gupta V. State Of Gujarat And Others -- Supreme Court Of India -- M/s. Shantistar Builders V. Narayan Khimalal Totame And Others -- Supreme Court Of India -- Olga Tellis And Others V. Bombay Municipal Corporation And Others And Vayyapuri Kuppusami And Ohters V. State Of Maharashtra And Others -- Supreme Court Of India. Xii. The Right To Property -- Alina Simunek Et Al. V. The Czech Republic -- Human Rights Committee -- G. Ato Del Avellanal V. Peru -- Human Rights Committee -- Josef Frank Adam V. The Czech Republic -- Human Rights Committee -- Ibrahima Gueye Et Al. V. France -- Human Rights Committee -- The Attorney General Of Guyana V. Caterpillar Americas Company -- The Court Of Appeal Of The Supreme Court Of Judicature, Cooperative Republic Of Guyana -- Milovan Poropat, Senija Poropat, Muradifa Seremet And Muhamed Hrelja V. Bosnia And Herzegovina And The Federation Of Bosnia And Herzegovina -- Human Rights Chamber For Bosnia And Herzegovina. Xiii. The Right To A Safe Environment -- Bulankulama And Others V. The Secretary, Ministry Of Industrial Development And Others -- The Supreme Court Of The Democratic Socialist Republic Of Sri Lanka. Xiv. The Right To Social Security -- Dietmar Pauger V. Austria -- Human Rights Committee -- Vos V. The Netherlands -- Human Rights Committee. Xv. Other -- Complaint No. 1/1998 By The International Commission Of Jurists Against Portugal -- Council Of Europe -- Kitok V. Sweden -- Human Rights Committee -- R. T. V. France -- Human Rights Committee -- R. D. Stalla Costa V. Uruguay -- Human Rights Committee. Xvi. Violations Of Economic, Social And Cultural Rights -- The Maastricht Guidelines On Violations Of Economic, Social And Cultural Rights. Edited By Bertrand G. Ramcharan. Includes Bibliographical References. Introduction International Covenant on Economic, Social and Cultural Rights The context of the leagl obligation to implement economic, social and cultural rights Principles of implementation Progressive implementation Non discrimination The right to adequate food the right to the highest attainable standard of health The right to education The right to work The right to housing The right to property The right to a safe environment The right to social security Other Violations of economic, social and cultural rights.