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14 - Conclusion: Reflections on the Theory and Practice of Economic and Social Rights

Published online by Cambridge University Press:  05 February 2013

Lanse Minkler
University of Connecticut
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A Theoretical Framework

Human rights scholars and advocates now usually take for granted that economic and social rights are valid human rights. These rights were included in the Universal Declaration of Human Rights (UDHR). The International Covenant on Economic, Social and Cultural Rights (ICESCR) is part of the International Bill of Rights, and has been ratified (as of February 29, 2012) by 160 out of 193, or 82.9%, of all United Nations member-states. For many, the moral argument for recognizing these rights as human rights is at least as compelling as the legal argument: the rights to food, health, housing, social security, work, and education have great intuitive appeal. Economic and social rights have been more acceptable to non–Western governments than civil and political rights, and, whereas Western governments have been reluctant to acknowledge legally binding obligations to fulfill economic and social rights for noncitizens, they have generally recognized them for their own citizens and accept a moral obligation to fulfill them to some extent for noncitizens.

Yet, the contributors to this volume express considerable frustration at the failure of the international community, and even some of its richest states, to implement economic and social rights adequately. An explanation for this failure may be obvious: powerful interests oppose the implementation of these rights. In this, the practical status of economic and social rights is not very different from that of civil and political rights, which are also seriously violated in many countries where powerful interests trample on international law. The truth in this explanation raises practical rather than theoretical problems. However, a law is not a bad law just because it is imperfectly implemented. The fact that there are murders in a country does not entail that the laws prohibiting murder are ill considered.

The State of Economic and Social Human Rights
A Global Overview
, pp. 365 - 388
Publisher: Cambridge University Press
Print publication year: 2013

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Brennan, Geoffrey and Pettit, Philip, 2005. “The Feasibility Issue,” in Jackson, Frank and Smith, Michael (Eds.) The Oxford Handbook of Contemporary Philosophy, 258–279, Oxford: Oxford University Press.Google Scholar
Cranston, Maurice, 1973. What Are Human Rights?London: Bodley Head.Google Scholar
Donnelly, Jack, 1985. “In Search of the Unicorn: The Jurisprudence and Politics of the Right to Development,” California Western International Law Journal 15(3): 473–509.Google Scholar
Donnelly, Jack, 2003. Universal Human Rights in Theory & Practice, 2nd edition,Ithaca: Cornell University Press.Google Scholar
Ethics & International Affairs, 2005. “Symposium on World Poverty and Human Rights19(1): 1–83.
Hafner-Burton, Emilie M. and Tsutsui, Kiyoteru, 2007. “Justice Lost! The Failure of International Human Rights Law to Matter Where Needed Most,” Journal of Peace Research 44(4): 407–425.CrossRefGoogle Scholar
Halperin, Morton H., Siegle, Joseph T., and Weinstein, Michael M., 2010. The Democracy Advantage: How Democracies Promote Prosperity and Peace, revised edition,London: Routledge.Google Scholar
Jaggar, Alison M. (Ed.), 2010. Thomas Pogge and His Critics, Cambridge: Polity.Google Scholar
Landman, Todd, 2005. Protecting Human Rights: A Comparative Study, Washington, DC: Georgetown University Press.Google Scholar
Leader, Sheldon, 2005. “Trade and Human Rights II,” in Macrory, Patrick F.J., Appleton, Arthur E., and Plummer, Michael G. (Eds) The World Trade Organization: Legal, Economic and Political Analysis, 663–696, New York: Springer.Google Scholar
Miller, David, 2009. “The responsibility to protect human rights,” in Meyer, Lukas H. (Ed.) Legitimacy, Justice and Public International Law, 232–251, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Morka, Felix, 2011. “A Place to Live: Resisting Evictions in Ijora-Badia, Nigeria,” in White, Lucie E. and Perelman, Jeremy (Eds.) Stones of Hope: How African Activists Reclaim Human Rights to Challenge Global Poverty, 17–41, Stanford: Stanford University Press.Google Scholar
Nickel, James W., 1993. “How human rights generate duties to provide and protect,” Human Rights Quarterly 15(1): 77–86.CrossRefGoogle Scholar
O’Neill, Onora, 1986. Faces of Hunger: An Essay on Poverty, Justice and Development, London: Allen & Unwin.Google Scholar
O’Neill, Onora, 1996. Towards Justice and Virtue: A Constructive Account of Practical Reasoning, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
O’Neill, Onora, 2004. “Global Justice: Whose Obligations?” in Chatterjee, Deen K. (Ed.) The Ethics of Assistance: Morality and the Distant Needy, 242–259, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Pogge, Thomas, 1992. “O’Neill on Rights and Duties,” Grazer Philosophische Studien 43: 233–247.CrossRefGoogle Scholar
Pogge, Thomas, 2007. “Severe Poverty as a Human Rights Violation,” in Pogge, Thomas (Ed.) Freedom from Poverty as a Human Right: Who Owes What to the Very Poor?, 11–53, Oxford: UNESCO and Oxford University Press.Google Scholar
Pogge, Thomas, 2008. World Poverty and Human Rights: Cosmopolitan Responsibilities and Reforms, 2nd edition, Cambridge: Polity Press.Google Scholar
Pogge, Thomas, 2010. Politics as Usual: What Lies Behind the Pro-poor Rhetoric, Cambridge: Polity Press.Google Scholar
Rawls, John, 1999. The Law of Peoples, Cambridge, MA: Harvard University Press.Google Scholar
Salomon, Margot E., 2007. Global Responsibility for Human Rights: World Poverty and the Development of International Law, Oxford: Oxford University Press.CrossRefGoogle Scholar
Sen, Amartya, 2006. “Human Rights and the Limits of Law,” Cardozo Law Review 27(6): 2913–2927.Google Scholar
Simmons, Beth A., 2009. Mobilizing for Human Rights: International Law in Domestic Politics, New York: Cambridge University Press.CrossRefGoogle Scholar
Sorell, Tom and Landman, Todd, 2006. “Justifying Human Rights: The Roles of Domain, Audience, and Constituency,” Journal of Human Rights 5(4): 383–400.CrossRefGoogle Scholar
Steiner, Hillel, 1994. An Essay on Rights, Oxford: Blackwell.Google Scholar

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