Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/27643
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Identifying routes to remedy for violations of economic, social and cultural rights
Author(s): Boyle, Katie
Hughes, Edel
Contact Email: katie.boyle@stir.ac.uk
Keywords: Economic, social and cultural rights
remedy
justiciability
constitutionalisation
enforcement models
Issue Date: 31-Dec-2018
Citation: Boyle K & Hughes E (2018) Identifying routes to remedy for violations of economic, social and cultural rights. The International Journal of Human Rights, 22 (1), pp. 43-69. https://doi.org/10.1080/13642987.2017.1390304
Abstract: This article examines the status of economic, social and cultural (ESC) rights in Scotland and identifies routes to remedy for violations of these rights. ESC rights relate to areas such as housing, education, employment, standard of living and health. Violations of ESC rights impact on the most vulnerable in society. The mapping of rights conducted by the Scottish Human Rights Commission before the publication of the Getting It Right report revealed a legal deficit in the protection of ESC rights in Scotland. The evidence identified that protection mechanisms for socio-economic rights in Scotland are either insufficient or non-existent. This article builds on the evidence by exploring the legal nature of ESC rights: how they are currently protected in Scotland and how they are protected in other jurisdictions. It then examines the concept of a ‘remedy’ in international human rights law and proposes models for the better protection of ESC rights for potential future implementation in Scotland. This includes an examination of the risks and benefits in constitutionalising or legislating for ESC rights. This will be of interest to an international audience in terms of identifying justiciability mechanisms and models of constitutionalisation for ESC rights in different constitutional contexts, including Scotland.
DOI Link: 10.1080/13642987.2017.1390304
Rights: This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. This is an Accepted Manuscript of an article published by Taylor & Francis Group in International Journal of Human Rights on 27 Oct 2017, available online: http://www.tandfonline.com/https://doi.org/10.1080/13642987.2017.1390304

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