Economic, Social, and Cultural Rights in Armed Conflict
Series: Oxford Monographs in International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 2 October 2014
- ISBN 9780198717447
- Binding Hardback
- No. of pages320 pages
- Size 241x168x22 mm
- Weight 638 g
- Language English 0
Categories
Short description:
In times of armed conflict the protection of human rights often slips down the list of a state's priorities. This is particularly the case for those rights concerned with people's economic, social, and cultural needs. This book studies how those rights are impacted by armed conflict, which derogations apply, and how they can be better protected.
MoreLong description:
This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged.
Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.
The breadth and depth of Giacca's work contributes substantially to answering the myriad of questions raised and left unanswered by the ICJs Palestinian Wall opinion.
Table of Contents:
Introduction
Treaty Obligations of States for Economic, Social, and Cultural Rights: Theory and Assessment
Limitations on Conventional Economic, Social, and Cultural Rights on Security Grounds
Territorial Scope of Application of Treaty-based Economic, Social, and Cultural Rights
Economic, Social, and Cultural Rights and International Humanitarian Law
Human Rights Obligations of Armed Non-state Actors
Conclusion
