STORRE Collection: Electronic copies of Law and Philosophy research reports.Electronic copies of Law and Philosophy research reports.http://hdl.handle.net/1893/34842024-03-18T18:33:26Z2024-03-18T18:33:26ZThe Practitioner Perspective on Access to Justice for Social Rights: Addressing the Accountability GapBoyle, KatieCamps, DianaEnglish, KirstieFerrie, Johttp://hdl.handle.net/1893/343402022-05-24T14:07:20Z2022-05-01T00:00:00ZTitle: The Practitioner Perspective on Access to Justice for Social Rights: Addressing the Accountability Gap
Author(s): Boyle, Katie; Camps, Diana; English, Kirstie; Ferrie, Jo
Abstract: First paragraph: This report examines access to justice for social rights across the UK drawing on legal and empirical data across each of the UK’s jurisdictions. Social rights form part of the international human rights framework, including the right to housing, the right to food and fuel and the right to social security. State parties who have signed up to the international framework are under an obligation to protect these rights in the domestic context, this includes the UK. As part of its international obligations the UK is required to provide access to an effective remedy if there is a failure to meet these obligations. We adopt a conceptualisation of access to justice using this international human rights law lens (that remedies are “accessible, affordable, timely and effective”). The research therefore examines whether people in the UK who experience a violation of the rights to housing, food, fuel or social security are able to access effective remedies to address that violation. We interviewed practitioners in each of the UK’s jurisdictions to better understand the access to justice journey for social rights. As this report demonstrates, it became clear that the UK and its devolved jurisdictions consists of a complex (legal) framework that intersects with international and domestic laws and institutions, politics, public services and the third sector, e.g. non-governmental agencies (NGOs) that serve and work with rights holders seeking to access justice. Our report recognises that the research we undertook barely touches the surface of access to justice for social rights violations and we hope this report serves as the basis for numerous future studies to enquire further and deeper into an increasingly emergent field of innovative interdisciplinary study. Ultimately, the aim of the research and the report seeks to better equip those who support rights holders accessing justice for social rights claims – there is a significant accountability gap in this respect across the UK and a pressing need to address this gap.2022-05-01T00:00:00ZThe Right to Food in the UK - An ExplainerBoyle, KatieFlegg, Aidanhttp://hdl.handle.net/1893/343392022-05-19T09:44:54Z2022-05-01T00:00:00ZTitle: The Right to Food in the UK - An Explainer
Author(s): Boyle, Katie; Flegg, Aidan
Abstract: This briefing document has been prepared for the Nuffield Foundation project on ‘Access to Justice for Social Rights: Addressing the Accountability Gap’, led by Dr. Katie Boyle. It forms the fourth part of four briefings that explore and explain the international legal obligation to provide the rights to food, housing, and social security. This briefing explains what the right to food means in terms of international law and how this can be understood at the domestic level at both national and devolved level. It explains what the right to food means, why the devolved regions and the UK both have an obligation to provide the right and why it is important to do so, and how this could be best realised within the context at the national level and each devolved nation. In particular, the report looks at different means of legal incorporation with practice from around the world taken into account. This means exploring the ways that we can implement and enforce the right in our own domestic laws. In other words, how can the UK best protect the right to food? The importance of ensuring a human rights-based approach to food should not be underestimated. It is a key component of international human rights law, and in particular, economic, social and cultural (ESC) rights as provided for by the International Covenant on Economic, Social and Cultural Rights (ICESCR). ESC rights cover housing, employment, heath care, education, and the right to an adequate standard of living to name but a few. They more broadly protect marginalised groups such as those living in poverty, women, children, the elderly, disabled persons, migrants and so on. ESC rights are also often overlooked in the UK’s legal systems, including at the devolved level, and require further exploration within this context to ensure ESC rights are properly implemented into domestic law, with effective remedies made available via the courts.2022-05-01T00:00:00ZThe Right to Adequate Housing in the UK - An ExplainerBoyle, KatieFlegg, Aidanhttp://hdl.handle.net/1893/343382022-05-19T09:44:32Z2022-05-01T00:00:00ZTitle: The Right to Adequate Housing in the UK - An Explainer
Author(s): Boyle, Katie; Flegg, Aidan
Abstract: This briefing document has been prepared for the Nuffield Foundation project on ‘Access to Justice For Social Rights: Addressing the Accountability Gap’, led by Dr Katie Boyle. It forms the third part of four briefings that explore and explain the international legal obligation to provide the rights to food, housing, and social security. This briefing explains what the right to adequate housing means in terms of international and regional law and how this can be understood domestically at both a devolved and national level. It explains what the right to adequate housing means, why both the devolved regions and the UK have an obligation to provide the right and why it is important to do so, and how this could be best realised within the context at the national level and each devolved nation. In particular, the briefing sets out the different means of legal incorporation. This means exploring the ways that we can incorporate and enforce the right in our own domestic laws. In other words, how can the UK best protect the right to adequate housing? The importance of ensuring a human rights-based approach to housing should not be underestimated. It is a key component of international human rights law, and in particular, economic, social and cultural (ESC) rights. ESC rights cover rights including housing, employment, heath care, education, and an adequate standard of living. They more broadly protect marginalised groups such as those living in poverty, women, children, the elderly, disabled persons, migrants and so on. ESC rights are also often overlooked in the UK’s legal systems, including at the devolved level, and so require further exploration to ensure that they are properly implemented into domestic law (known as incorporation). Housing is also a devolved area, meaning Wales, Northern Ireland (NI), and Scotland all have powers to implement and effect changes to housing policy and practice.2022-05-01T00:00:00ZThe Right to Social Security in the UK - An ExplainerBoyle, KatieFlegg, Aidanhttp://hdl.handle.net/1893/343372022-05-19T09:44:11Z2022-05-01T00:00:00ZTitle: The Right to Social Security in the UK - An Explainer
Author(s): Boyle, Katie; Flegg, Aidan
Abstract: This briefing document has been prepared for the Nuffield Foundation project on ‘Access to Justice for Social Rights: Addressing the Accountability Gap’, led by Dr Katie Boyle. It forms the second part of four briefings that explore and explain the international legal obligation to provide the rights to food, housing, and social security. This briefing provides an overview of the right to social security in the UK, with further information directly relating to its three devolved nations. Social security, through its redistributive character, plays an important role in poverty reduction and alleviation, prevents social exclusion, and promotes social inclusion. It is a key component of international human rights law generally, but in particular, for economic, social and cultural (ESC) rights. ESC rights cover rights relating housing, employment, heath care, education, and an adequate standard of living. They more broadly protect marginalised and vulnerable groups such as those living in poverty, women, disabled persons, children, the elderly, migrants and so on. ESC rights are also often overlooked in the UK’s legal systems and so require further exploration to ensure they are properly accounted for and implemented into domestic law.2022-05-01T00:00:00Z