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Keywords: social rights
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Journal Article
European labour law as part of an economic union, monetary union and community of values—between harmonization and subsidiarity
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Claudia Schubert
Yearbook of European Law, yeae008, https://doi.org/10.1093/yel/yeae008
Published: 23 January 2025
... is an essential part of the social market economy in the European Union, even if there is no uniform European social model. The European Pillar of Social Rights is a commitment to a social Europe and accelerated regulatory practice. From a political science perspective, the development of European labour law...
Journal Article
Enhancing employment conditions for migrant seasonal workers—Assessing consumer preferences for ‘fair-labour’ apples
Insa Thiermann and others
in
Q Open
Q Open, Volume 4, Issue 1, 2024, qoae012, https://doi.org/10.1093/qopen/qoae012
Published: 30 April 2024
... considered less important. The low-price elasticity suggests that farmers could recoup a large share of the extra costs involved in providing enhanced living and working conditions for their workers. Discrete choice experiment Seasonal workers Fair labour Social rights Sustainability EU 10.13039...
Journal Article
Take-Up Advocacy in Social Work Practice: A Care-Oriented Approach
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Avishai Benish and Idit Weiss-Gal
The British Journal of Social Work, Volume 54, Issue 4, June 2024, Pages 1593–1609, https://doi.org/10.1093/bjsw/bcad172
Published: 31 July 2023
... an inherent part of social work practice and ethics ( Wilks, 2012 ; Hoefer, 2019 ). Scholars distinguish between two major types of advocacy: cause advocacy and case advocacy ( Lens, 2004 ; Abramovitz and Sherraden, 2016 ). Take-up advocacy, also called ‘social-rights advocacy’ ( Weiss-Gal and Gal, 2009...
Journal Article
Desde el neoliberalismo austericida de Europa hacia la reconstrucción social en España: propuestas para la reforma constitucional: From austerity neoliberalism in Europe to social reconstruction in Spain: Proposals for constitutional reforms
Carmen Montesinos Padilla
International Journal of Constitutional Law, Volume 20, Issue 4, October 2022, Pages 1590–1617, https://doi.org/10.1093/icon/moac093
Published: 28 January 2023
... University Press, Standard Journals Publication Model ( https://dbpia.nl.go.kr/pages/standard-publication-reuse-rights ) Abstract More than a decade after the start of the eurozone crisis, the coronavirus in Spain has brought back the idea of constitutional reform in social rights. The paradigm shift...
Journal Article
Fair Market Constitutionalism: From Neo-liberal to Democratic Liberal Economic Governance
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Rosalind Dixon
Oxford Journal of Legal Studies, Volume 43, Issue 2, Summer 2023, Pages 221–248, https://doi.org/10.1093/ojls/gqac029
Published: 22 November 2022
...Rosalind Dixon Constitutions economics markets liberalism social democracy property social rights horizontal effect private actors substantive versus formal equality In his dissenting judgment in Lochner v New York, 1 Justice Oliver Wendell Holmes famously suggested...
Journal Article
The Committee on Economic, Social and Cultural Rights—The Power of Subjective Rights: Comment with Special Focus on the Case Law of the Inter-American and the European Courts of Human Rights
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Christina Binder
Journal of Human Rights Practice, Volume 14, Issue 1, February 2022, Pages 75–83, https://doi.org/10.1093/jhuman/huac021
Published: 26 September 2022
... and justiciability of economic and social rights by analysing the recent jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights. In line with Dzidek Kędzia’s contribution ‘The Committee on Economic, Social and Cultural Rights—The Power of Subjective Rights’ in this special...
Journal Article
Even employees are undertakings in the labour market, but granting social rights is not antitrust’s job
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Mariateresa Maggiolino
Journal of Antitrust Enforcement, Volume 10, Issue 2, July 2022, Pages 365–402, https://doi.org/10.1093/jaenfo/jnab023
Published: 07 January 2022
..., this article also shows that using social rights to fix an external limit to the scope of EU competition law solves this intolerable social harm. Indeed, though while analysing industry-wide collective agreements, in Albany 2 the CJEU permitted employees to collectively bargain...
Journal Article
Revisiting the Preamble of the European Social Charter: Paper Tiger or Blessing in Disguise?
Nikolaos A Papadopoulos
Human Rights Law Review, Volume 22, Issue 1, March 2022, ngab021, https://doi.org/10.1093/hrlr/ngab021
Published: 02 August 2021
... Declaration and Programme of Action of the World Conference on Human Rights. 30 Such a reference by the preamble of the Revised Charter to this very important principle for the justiciability and enforceability of economic and social rights is not inconsequential. As the principle...
Journal Article
Economic and Social Rights, Reparations and the Aftermath of Widespread Violence: The African Human Rights System and Beyond
Felix E Torres
Human Rights Law Review, Volume 21, Issue 4, December 2021, Pages 935–961, https://doi.org/10.1093/hrlr/ngab017
Published: 24 June 2021
... highlighted that people engulfed by widespread violence are ‘disproportionately affected by a failure of the state to respect, protect and fulfil’ their economic and social rights (ESR) (emphasis added). 6 The Commission took note that the guarantee of ESR continues...
Journal Article
Researching the Non-Take up of Social Rights: A Social Work Perspective
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Lore Dewanckel and others
The British Journal of Social Work, Volume 52, Issue 3, April 2022, Pages 1416–1434, https://doi.org/10.1093/bjsw/bcab117
Published: 04 June 2021
.../funder_policies/chorus/standard_publication_model ) During the last decades, a wide diversity of policy makers, practitioners and researchers have correspondingly problematised the non-take up of social rights ( van Oorschot, 1991 , 1998 ; Hernanz et al., 2004 ; Weiss-Gal and Gal, 2009 ; Warin, 2014...
Journal Article
The ‘Necessity' of Austerity and its Relationship with the UN Convention on the Rights of Persons with Disabilities: A Case Study of Ireland and the United Kingdom
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Charles O’Sullivan and Donna McNamara
Human Rights Law Review, Volume 21, Issue 1, March 2021, Pages 157–185, https://doi.org/10.1093/hrlr/ngaa051
Published: 08 January 2021
... may, in limited circumstances, allow for programmes such as these to be deemed compatible with the CRPD among developed States. human rights disability austerity the United Nations Convention on the Rights of Persons with Disabilities social rights The UN Convention on the Rights of Persons...
Journal Article
Pandemic Powers: Why Human Rights Organizations Should Not Lose Focus on Civil and Political Rights
Eda Seyhan
Journal of Human Rights Practice, Volume 12, Issue 2, July 2020, Pages 268–275, https://doi.org/10.1093/jhuman/huaa035
Published: 31 August 2020
... to the rise of ‘populism’ and the perceived threat to human rights that it represents, human rights advocates have argued that NGOs must speak to the economic anxieties of majority populations by increasing work on economic and social rights. In this essay, I present a counter-argument to this proposal...
Journal Article
The Urban Politics of Human Rights Practice
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Paula Fernandez-Wulff and Christopher Yap
Journal of Human Rights Practice, Volume 12, Issue 2, July 2020, Pages 409–427, https://doi.org/10.1093/jhuman/huaa019
Published: 18 August 2020
..., but with potentially significant implications outside of them. We explore the extent to which rights-based claims at the municipal level, through the mobilization of urban spaces, institutions, and discourses, represent a distinct set of opportunities for social movements particularly in the context of social rights...
Journal Article
What Isn't a Norm? Redefining the Conceptual Boundaries of “Norms” in the Human Rights Literature
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Michelle Jurkovich
International Studies Review, Volume 22, Issue 3, September 2020, Pages 693–711, https://doi.org/10.1093/isr/viz040
Published: 16 August 2019
..., the origins of norms and challenges to their construction, what constitutes evidence of the existence of a norm, and whether, in fact, all human rights have been translated into norms. norms human rights law international relations constructivism discourse economic and social rights What makes...
Journal Article
Participatory Justice in Social Rights Adjudication
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Sandra Liebenberg
Human Rights Law Review, Volume 18, Issue 4, December 2018, Pages 623–649, https://doi.org/10.1093/hrlr/ngy028
Published: 21 November 2018
...Sandra Liebenberg Corresponding author: [email protected] The previous part sought to demonstrate that participatory justice is integral to the values that inform the normative content of social rights as human rights. However, participatory justice is also justified on instrumental grounds...
Journal Article
A Trust Network Model for Social Rights Fulfilment
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David Vitale
Oxford Journal of Legal Studies, Volume 38, Issue 4, Winter 2018, Pages 706–732, https://doi.org/10.1093/ojls/gqy026
Published: 05 September 2018
...David Vitale Email: [email protected] . Abstract In this article, I use the social science scholarship on trust to develop a new model for understanding social rights fulfilment in contemporary social democracies. Drawing on—and applying to the social rights context—an idea from...
Journal Article
The Intersectional Case of Poverty in Discrimination Law
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Shreya Atrey
Human Rights Law Review, Volume 18, Issue 3, September 2018, Pages 411–440, https://doi.org/10.1093/hrlr/ngy021
Published: 28 August 2018
... of substantive equality are two such worthwhile strategies to take a cue from. economic and social rights poverty discrimination law equality intersectionality Poverty remains largely unfamiliar to discrimination law. A typical guarantee of equality and non-discrimination is framed as a prohibition...
Journal Article
Constitutional Directive Principles
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Lael K Weis
Oxford Journal of Legal Studies, Volume 37, Issue 4, Winter 2017, Pages 916–945, https://doi.org/10.1093/ojls/gqx015
Published: 18 August 2017
... directive principles on the basis of their practical operation. A consequence of adopting this approach is that directive principles are defined in a way that may challenge the conventional wisdom about at least some social values provisions that have been classified as ‘social rights’ without interrogating...
Journal Article
EDITOR'S CHOICE
Human Rights and Populism: Some More Questions in Response to Philip Alston
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Vijay K. Nagaraj
Journal of Human Rights Practice, Volume 9, Issue 1, February 2017, Pages 22–24, https://doi.org/10.1093/jhuman/hux006
Published: 27 April 2017
...Vijay K. Nagaraj Abstract A response to Philip Alston’s lecture ‘The Populist Challenge to Human Rights’. economic and social rights moral content of human rights solidarity Philip Alston’s thoughtful invitation to reflect on human rights practice in the era of populism warrants serious...
Journal Article
EDITOR'S CHOICE
The Populist Challenge to Human Rights
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Philip Alston
Journal of Human Rights Practice, Volume 9, Issue 1, February 2017, Pages 1–15, https://doi.org/10.1093/jhuman/hux007
Published: 27 April 2017
... international and local human rights movements and to embrace and assert economic and social rights as human rights rather than as welfare or development objectives. It will be crucial to engage with issues of resources and redistribution, including budgets, tax policy, and fiscal policies. There is a need...
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