Exploring Social Rights: Between Theory And Practice

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Organized in five parts, this study looks into the theoretical and practical implications of social rights. Part One considers theoretical aspects of social rights, and looks into their place within political and legal theory, and within the human rights tradition. Part Two looks at the status of social rights in international law, with reference to the challenge of globalization and to the significance of specific regional regulation, such as the European System. Part Three includes discussions of various legal systems which are of special interest in this area — Canada, South Africa, India, and Israel. Part Four examines the content of a few central social rights, such as the right to education and the right to health. Part Five discusses the relevance of social rights to distinct social groups — women and people with disabilities. Exploring Social Rights will be of interest to anyone concerned with human rights, the legal protection of social rights, and social policy.

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EXPLORING S OCIAL RIGHTS Exploring Social Rights looks into the theoretical and practical implications of social rights. The book is organised in five parts. Part I considers theoretical aspects of social rights, and looks into their place within political and legal theory and within the human rights tradition; Part II looks at the status of social rights in international law, with reference to the challenge of globalisation and to the significance of specific regional regulation (such as the European System); Part III includes discussions of various legal systems which are of special interest in this area (Canada, South Africa, India and Israel); Part IV looks at the content of a few central social rights (such as the right to education and the right to health); and Part V discusses the relevance of social rights to distinct social groups (women and people with disabilities). The articles in the book, while using the category of social rights, also challenge the separation of rights into distinct categories and question the division of rights to ‘civil’ vs ‘social’ rights, from a perspective which considers all rights as ‘social’. This book will be of interest to anyone concerned with human rights, the legal protection of social rights and social policy. Exploring Social Rights Between Theory and Practice Edited by Daphne Barak-Erez and Aeyal M Gross Oxford and Portland, Oregon 2007 Published in North America (US and Canada) by Hart Publishing c/o International Specialized Book Services 920 NE 58th Avenue, Suite 300 Portland, OR 97213-3786 USA Tel: +1 503 287 3093 or toll-free: (1) 800 944 6190 Fax: +1 503 280 8832 E-mail: [email protected] Website: http://www.isbs.com © The editors and contributors, jointly 2007 The editors and contributors have asserted their right under the Copyright, Designs and Patents Act 1988, to be identified as the author of this work. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission of Hart Publishing, or as expressly permitted by law or under the terms agreed with the appropriate reprographic rights organisation. Enquiries concerning reproduction which may not be covered by the above should be addressed to Hart Publishing at the address below. Hart Publishing, 16C Worcester Place, Oxford, OX1 2JW Telephone: +44 (0)1865 517530 Fax: +44 (0) 1865 510710 E-mail: [email protected] Website: http//:www.hartpub.co.uk British Library Cataloguing in Publication Data Data Available ISBN: 978-1-84113-613-4 Typeset by Forewords, Oxfor