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Journal articles on the topic 'Socio-economic rights'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Marius, Pieterse. "Relational Socio-Economic Rights." South African Journal on Human Rights 25, no. 2 (2009): 198–217. http://dx.doi.org/10.1080/19962126.2009.11865200.

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2

Sandra, Fredman. "Engendering Socio-Economic Rights." South African Journal on Human Rights 25, no. 3 (2009): 410–41. http://dx.doi.org/10.1080/19962126.2009.11865211.

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3

Devenish, GE. "Some thoughts on socio-economic rights." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 6, no. 2 (2017): 43. http://dx.doi.org/10.17159/1727-3781/2003/v6i2a2865.

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One of the manifest differences between the Bill of Rights in the interim and the 1996 Constitutions is the more comprehensive treatment of social and economic rights in the latter.1 In addition to the social and economic rights of children contained in section 28(1)(c), education in section 29 and detained persons' rights in section 35(2)(e), Chapter 2 of the 1996 Constitution encapsulates "an entirely new set of rights not foreshadowed in the interim Constitution".2 These relate essentially to housing rights, set out in section 26, and rights protecting health care services, food, water and

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4

Černic, Jernej Letnar. "Corporate Human Rights Obligations under Socio-economic Rights." Philosophy of law and general theory of law, no. 1 (December 21, 2021): 64–102. http://dx.doi.org/10.21564/2707-7039.1.247453.

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In the chapter it is examined obligations of business in the field of socio-economic rightsThe author proceeds from the understanding of the importance of socio-economic rights to ensurethe livelihood of people and the creation of human opportunities, as well as their fundamental naturein terms of enjoying civil and political rights. The author is convinced that not only states, but alsocorporations, have certain obligations in the field of socio-economic rights. Because socioeconomicrights are linked to financial resources, corporations can make a significant contribution to securingthem in c

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5

Temirbekova, E. T. "SOCIO-ECONOMIC CONTENT OF A DECENT LIFE." Bulletin of Korkyt Ata Kyzylorda University 57, no. 2 (2021): 264–70. http://dx.doi.org/10.52081/bkaku.2021.v57.i2.064.

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The human right to a decent life is a fundamental social right that is the basis for the entire system of human social rights and freedoms. This right is enshrined in international law and includes a set of rights necessary for the free development of the personality in the economic, social and cultural fields, the right to a standard of living that is necessary to maintain the health and well-being of the human and his family. According to the Universal Declaration of human rights: «everyone has the right to a standard of living adequate for the health and well-being of himself and his family

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6

Chitimira, Howard, and Luck Mavhuru. "Towards the recognition of financial inclusion as a fundamental socio-economic right in selected SADC countries." South African Mercantile Law Journal 36, no. 3 (2024): 440–56. https://doi.org/10.47348/samlj/v36/i3a5.

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Most countries recognise socio-economic rights as fundamental rights. These rights enable people to access basic necessities for them to live a dignified life. Such necessities include adequate housing, food, healthcare, education, social security, and water. Socio-economic rights are recognised as human rights in several international human rights instruments such as the 1948 Universal Declaration of Human Rights (‘UDHR’) and the 1966 International Covenant on Economic, Social and Cultural Rights (‘ICESCR’). Socio-economic rights are also protected in national constitutions such as the South

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7

Bilchitz, D. "Socio-economic rights, economic crisis, and legal doctrine." International Journal of Constitutional Law 12, no. 3 (2014): 710–39. http://dx.doi.org/10.1093/icon/mou044.

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8

De Beer, RJ, and S. Vettori. "The Enforcement of Socio-Economic Rights." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 3 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2007/v10i3a2798.

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In recent years the South African legislature has made a very bold attempt to improve the socio-economic conditions of citizens. Amongst others, the Social Assistance Act 59 of 1992 provides for monthly payments to citizens under certain prescribed conditions. In situations where other legislation does not provide a remedy for those unable to care for themselves the Constitution provides for justiciable socio-economic rights. Unfortunately legislative rights alone have proved insufficient and all too frequently the constitutional values and aspirations of human dignity and equality have had a

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9

Shitova, Tatiana V., and Galina I. Pchelkina. "CITIZENS’ SOCIO-ECONOMIC RIGHTS: CONTENT FEATURES." Socio-economic and humanitarian magazine Krasnoyarsk SAU, no. 2 (2021): 54–63. http://dx.doi.org/10.36718/2500-1825-2021-2-54-63.

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10

Grant, Evadné. "Human Dignity and Socio-Economic Rights." Liverpool Law Review 33, no. 3 (2012): 235–61. http://dx.doi.org/10.1007/s10991-012-9122-8.

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11

O'Connell, Paul. "The Death of Socio-Economic Rights." Modern Law Review 74, no. 4 (2011): 532–54. http://dx.doi.org/10.1111/j.1468-2230.2011.00859.x.

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12

Mishra, Ratnakar. "Displacement: A Socio-Economic Rights Perspective." Vikalpa: The Journal for Decision Makers 39, no. 4 (2014): 11–22. http://dx.doi.org/10.1177/0256090920140402.

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Development projects have often led to adverse effects in the form of displacement of people from their original place of habitation due to large-scale land acquisition. Despite serious efforts by the state and non-state actors, development-induced displacement in the country has resulted in severe economic, social, and environmental problems to the displaced people. In a developing country like India, ignoring the affected people, largely underprivileged and illiterate, plays havoc. A late realization by the stakeholders leaves no scope for overhauling of the already executed project. This re

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13

O. Odeku, Kola, and Simbarashe R. Gundani. "Ensuring affordable electricity as a vital socio-economic right in South Africa." Problems and Perspectives in Management 15, no. 3 (2017): 334–42. http://dx.doi.org/10.21511/ppm.15(3-2).2017.03.

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This article examines the socio-economic impacts and effects of unlawful electricity tariff increase in South Africa. Access to electricity is a vital socio-economic right in South Africa because of its intrinsic role in the fulfilment of other social economic rights. The availability and accessibility of electricity guarantees the success of many businesses and the survival of many households, particularly the rural poor. Eskom, a governmental parastatal, generates, transmits and distributes electricity for the people, and charges for these services are rendered based on the tariff approved b

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14

Bilchitz, David. "Are Socio-Economic Rights a Form of Political Rights?" South African Journal on Human Rights 31, no. 1 (2015): 86–111. http://dx.doi.org/10.1080/19962126.2015.11865236.

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15

Olivia, Onwugbenu Ezinne, and Arinze-Umobi Carol. "Good governance: A legal determinant for the enforcement of socio-economic rights in Africa." International Journal of Multidisciplinary Research and Growth Evaluation 4, no. 6 (2023): 212–18. http://dx.doi.org/10.54660/.ijmrge.2023.4.6.212-218.

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In discussions concerning the abysmal level of poverty in Africa which has been a hot topic for decades, the topic of economic, social and cultural (socio-economic) rights is always up for controversy. There are constant reports on the poor state of socio-economic development on the continent. African countries also share the constant criticism for the poor state of socio-economic rights. This paper analyzes the journey of good governance and institutions as a fundamental determinant of the sustainable realization of social and economic right. It explains the position of fundamental rights and

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16

Hendrianto, Stefanus. "Constitutionalized But Not Constitute: The Case of Right to Social Security in Indonesia." Constitutional Review 6, no. 2 (2020): 241. http://dx.doi.org/10.31078/consrev623.

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Previous studies on the development of socio-economic rights in Indonesia heavily focus on the Constitutional Court’s decisions in upholding the rights. But there is still minimum study on the political economy behind the development of socio-economic rights in Indonesia. This article will analyze the development of socio-economic rights through the lenses of the right to social security. This article relies on two major theoretical frameworks to analyze the development of the right to social security in Indonesia. The first theoretical framework is the authoritarian constitutionalism in the e

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17

Nkosi, Gugulethu. "The International Evolution of the Right of Children to Social Security." Southern African Public Law 30, no. 2 (2017): 484–503. http://dx.doi.org/10.25159/2522-6800/3590.

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This article seeks to provide an analysis of the right of children to social security as provided for in the various international legal instruments, and as assimilated in other legal documents. Furthermore, it argues that scarcity of resources prevents children from enjoying socio-economic rights, including the right to social security adopted through international instruments and entrenched in domestic laws. The Convention on the Rights of a Child provides for the right to social security in the event of lack of resources to benefit the child. So does the International Covenant on Economic,

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18

Sastry, T. S. N. "Good Governance: Relevance of Socio-Economic Rights." Indian Journal of Public Administration 50, no. 1 (2004): 285–91. http://dx.doi.org/10.1177/0019556120040129.

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19

Ackson, Tulia. "Justiciability of Socio-economic Rights in Tanzania." African Journal of International and Comparative Law 23, no. 3 (2015): 359–82. http://dx.doi.org/10.3366/ajicl.2015.0127.

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20

Skelton, Ann. "Girls’ Socio-Economic Rights in South Africa." South African Journal on Human Rights 26, no. 1 (2010): 141–63. http://dx.doi.org/10.1080/19962126.2010.11864980.

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21

Ramsden, Michael. "Judging socio-economic rights in Hong Kong." International Journal of Constitutional Law 16, no. 2 (2018): 447–69. http://dx.doi.org/10.1093/icon/moy024.

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22

Odello, M. "International Refugee Law and Socio-Economic Rights." International Journal of Refugee Law 20, no. 1 (2008): 235–38. http://dx.doi.org/10.1093/ijrl/een010.

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23

Haysom, Nicholas. "Constitutionalism, Majoritarian Democracy and Socio-Economic Rights." South African Journal on Human Rights 8, no. 4 (1992): 451–63. http://dx.doi.org/10.1080/02587203.1992.11827874.

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24

Okyir, Nana Tawiah. "Toward a Progressive Realisation of Socio-economic Rights in Ghana: A Socio-legal Analysis." African Journal of International and Comparative Law 25, no. 1 (2017): 91–113. http://dx.doi.org/10.3366/ajicl.2017.0183.

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This article argues for the strengthening and entrenchment of socio-economic rights provisions in Ghana's jurisprudence. The purpose of this entrenchment is to engender judicial activism in promoting more creative pathways for enforcing socio-economic rights in Ghana. The article traces the development of socio-economic rights in Ghana's jurisprudence, especially the influence of the requirements of the international rights movement, particularly of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The article delves into the constitutional history of Ghana and its i

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25

Dinokopila, Bonolo Ramadi. "The Justiciability of Socio-Economic Rights in Botswana." Journal of African Law 57, no. 1 (2013): 108–25. http://dx.doi.org/10.1017/s0021855312000174.

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AbstractThe judicial enforcement of socio-economic rights remains a challenge in many countries. This is generally attributable to the inadequacy of a particular country's legal framework, in particular its constitutional framework. Given the importance of judicial remedies in litigation, in particular public interest litigation, this article considers possibilities for the judicial enforcement of socio-economic rights in Botswana. It discusses the institutional, legal and constitutional framework for the promotion, protection and fulfilment of socio-economic rights in the country. It also tac

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26

Shakun, Vasyl, Valerii Heiets, and Olena Borodina. "Ensuring Human Rights in Land Relations: Socio-Economic and Legal Principles." Journal of the National Academy of Legal Sciences of Ukraine 29, no. 1 (2022): 59–69. http://dx.doi.org/10.37635/jnalsu.29(1).2022.59-69.

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The opening of the free land market and the expansion of its purchase and sale in the current conditions of development of Ukrainian society and the state is an extremely relevant topic and requires appropriate scientific study from the standpoint of human rights. Therefore, the authors aimed to analyse international legal documents in the field of regulation of protection of peasants' rights to land and proposed scientifically sound proposals to improve the relevant processes in Ukraine. The work with the use of general and special methods of scientific knowledge (dialectical, formal-logical,

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27

Mishchenko, Alina, Valentyna Lukianets-Shakhova, Anna Abdel Fatah, Tetiana Sklema, and Hanna Ustinova-Boichenko. "Legal limitations of socio-economic rights: positive and negative experience of Europe." Revista Amazonia Investiga 11, no. 51 (2022): 312–21. http://dx.doi.org/10.34069/ai/2022.51.03.31.

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The article shows the review of legislative restrictions in European countries which deal with the limitations of the socio-economic rights of the population. The research aims to analyze the limits of human and civil rights and freedoms in modern conditions and directly related relations based on the study and generalization of the doctrinal heritage of legal science, current European legislation, and practice of its application. The article highlights the critical analysis of scientists' opinions on the formation and limitation of socio-economic rights, makes a general assessment of the legi

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28

Van Rensburg, Linda Jansen. "Interpreting socio-economic rights - transforming South African society." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 6, no. 2 (2017): 54. http://dx.doi.org/10.17159/1727-3781/2003/v6i2a2874.

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Honourable Justices, Ladies and Gentlemen, before I embark on my paper I would like to quote the following words of Archbishop Desmond Tutu1 who describes human rights as "God-given, there simply and solely because we are human beings". He further notes that: they were universal – everyone, just everyone whoever they might be, whether rich or poor, learned or ignorant, beautiful or ugly, black or white, man or woman, by the fact of being a human being had these rights. …. As a Christian I would add that each person was of infinite value because everyone had been created in the image of God. Ea

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29

Milašiūtė, Vygantė. "Protection of Socio-economic Rights under the ECHR." Teisė 115 (June 29, 2020): 42–54. http://dx.doi.org/10.15388/teise.2020.115.3.

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The article examines to what extent and how the protection of socio-economic rights can be and is actually effected under the ECHR. This is done taking into account the fact that the protection of such rights is not a major objective of the ECHR but, in view of the indivisibility of human rights, the realisation of some socio-economic rights is necessary for the realisation of the ECHR rights.

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30

Ndhlovu, N. "The Role of Courts in the Enforcement of Socio-Economic Rights under the 2013 Constitution of Zimbabwe." Africa’s Public Service Delivery and Performance Review 3, no. 4 (2015): 29. http://dx.doi.org/10.4102/apsdpr.v3i4.97.

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The aim of this paper is to illustrate that courts play an important role in the domestic protection of socio-economic rights. In order to ensure that socio-economic rights are effectively protected and enforced, this paper identifies and discusses the framework for protecting socio-economic rights under the 2013 Constitution. The paper discusses the role of the courts in the domestic framework for protecting socio-economic rights under the 2013 Constitution. Secondly, the study discusses the role of the courts in the protection of socio-economic rights. The paper further identifies some of th

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31

Petrushenko, Yuriy, Fedir Zhuravka, Vladyslav Shapoval, Lyudmila Khomutenko, and Olena Zhuravka. "Sustainable socio-economic development and Rainbow Europe Index." Problems and Perspectives in Management 19, no. 4 (2021): 408–21. http://dx.doi.org/10.21511/ppm.19(4).2021.33.

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The issues of recognizing the rights of the LGBTQ+ community around the world and developing appropriate anti-discrimination policies and laws are one of the main topics for discussion in the global agenda. This is due to the commitment of the world community to protect human rights and meet the needs of society. The paper aims to assess the relationship between socio-economic development indicators of some European countries and the Rainbow Europe Index. To find out how discrimination against the LGBTQ+ community affects various social and economic development indicators of some European coun

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32

BAZAROVA, Gulmira S., Axunkar I. BIRMANOVA, Indira Z. ALIYEVA, Gulnara U. BALGIMBEKOVA, and Nailya S. AKHEMETOVA. "Legal Content and the Issues of Classification of Socio-economic Human Rights." Journal of Advanced Research in Law and Economics 8, no. 7 (2018): 2078. http://dx.doi.org/10.14505//jarle.v8.7(29).03.

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The main feature of social and economic rights is that their implementation requires governmental assistance and control for realization. Therefore, the stance on the present category of rights and freedoms is quite ambiguous. Scientific analysis and generalization of actual variety of socio-economic rights are complicated with the fact the classification of considered categories of rights cannot be based on emphasizing one and only criterion. The main goal of this paper is the studying of legal content and issues of classification of social and economic rights of man. To reach this goal autho

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33

BAZAROVA, Gulmira S., Axunkar I. BIRMANOVA, Indira Z. ALIYEVA, Gulnara U. BALGIMBEKOVA, and Nailya S. AKHEMETOVA. "Legal Content and the Issues of Classification of Socio-economic Human Rights." Journal of Advanced Research in Law and Economics 8, no. 7 (2017): 2078. http://dx.doi.org/10.14505/jarle.v8.7(29).03.

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The main feature of social and economic rights is that their implementation requires governmental assistance and control for realization. Therefore, the stance on the present category of rights and freedoms is quite ambiguous. Scientific analysis and generalization of actual variety of socio-economic rights are complicated with the fact the classification of considered categories of rights cannot be based on emphasizing one and only criterion. The main goal of this paper is the studying of legal content and issues of classification of social and economic rights of man. To reach this goal autho

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34

Cha, Wonil. "The Judicial Enforcement of Socio-Economic Rights in South Korea." Law and Development Review 12, no. 3 (2019): 819–36. http://dx.doi.org/10.1515/ldr-2019-0045.

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Abstract Socio-economic rights are regarded as an indispensable foundation of substantial freedom. At the same time, the embodiment of socio-economic rights in the Constitution is generally associated with concerns about their quality as a fundamental right and their judicial enforcement. The South Korean Constitution upholds the principle of the welfare state in the preamble, the fundamental social rights of Articles 31 to 36 and Article 119 (2), providing the legal basis for the regulation and coordination of economic affairs by the State. The implementation of these constitutional norms and

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35

Erasmus, Gerhard. "Socio-Economic Rights and Their Implementation: The Impact of Domestic and International Instruments." International Journal of Legal Information 32, no. 2 (2004): 243–59. http://dx.doi.org/10.1017/s073112650000411x.

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Socio-economic rights are those human rights that aim to secure for all members of a particular society a basic quality of life in terms of food, water, shelter, education, health care and housing. They differ from traditional civil and political rights such as the right to equality, personal liberty, property, free speech and association. These “traditional human rights” are now found in most democratic constitutions and are, as a rule, enshrined in a Bill of Rights; which is that part of the Constitution that is normally enforced through mechanisms such as judicial review. The victims of the

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36

Shankar, Uday, and Divya Tyagi. "Socio-Economic Rights in India: Democracy Taking Roots." Verfassung in Recht und Übersee 42, no. 4 (2009): 527–51. http://dx.doi.org/10.5771/0506-7286-2009-4-527.

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37

Singh, Mahendra Pal. "Socio-Economic Rights in India: A Comparative Perspective." Jahrbuch des öffentlichen Rechts der Gegenwart. Neue Folge 63, no. 1 (2015): 643. http://dx.doi.org/10.1628/joer-2015-0025.

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38

Kollapen, J. "Realising socio-economic rights in an unequal society." Stellenbosch Law Review 35, no. 1 (2024): 1–20. https://doi.org/10.47348/slr/2024/i1a1.

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The colonial and apartheid systems created widespread poverty and inequality which, in tandem with each other, shaped the lives of millions of our people. The Constitution of the Republic of South Africa, 1996, beyond recognising this legacy, contains a clear and unconditional commitment to fundamentally changing it. This contribution explores the achievements and challenges in redressing poverty and inequality, two key elements of the legacy of apartheid, which continues to plague South African society 30 years after the first democratic elections. It focuses on the relationship between equal

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39

Pieterse, Marius. "The Legitimizing / Insulating Effect of Socio-Economic Rights." Canadian journal of law and society 22, no. 1 (2007): 1–20. http://dx.doi.org/10.1017/s0829320100009091.

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RésuméCet article tente d'élucider la manière dont les États peuvent utiliser leurs obligations issues des droits économiques et sociaux, afin de solidifier la légitimité constitutionnelle des lois qui ont pour but de promouvoir l'équité sociale. En prenant pour étude de cas l'Afrique du Sud, nous examinons de quelle manière ce pays a utilisé ses obligations constitutionnelles dans le but de faciliter l'accès aux soins de santé. Nous examinons également de quelle manière un État peut éviter que des lois favorisant les droits économiques et sociaux de ses citoyens puissent être conçues pour êtr

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40

Young, K. G. "Socio-Economic Rights. Adjudication under a Transformative Constitution." International Journal of Constitutional Law 11, no. 1 (2013): 270–74. http://dx.doi.org/10.1093/icon/mos055.

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41

Koba, M. M., and О. V. Koba. "Socio-economic rights: problems of understanding and implementation." Juris Europensis Scientia, no. 1 (2023): 8–12. http://dx.doi.org/10.32782/chern.v1.2023.2.

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42

Pyzhova, M. O. "The right to equal pay as a variety of socio-economic rights." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 176–79. http://dx.doi.org/10.24144/2307-3322.2021.64.33.

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The article considers the right to fair pay in the context of socio-economic rights. International legal acts on the existence of provisions on fair remuneration are analyzed. Emphasis is placed on the fact that fair pay is part of the block of socio-economic rights, which are characterized by a significant number of valuation concepts. It is noted that wages are the most important social standard for society, while the social standard means scientifically sound and socially recognized levels of material, spiritual and social needs, the state of social processes necessary for the proper functi

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43

Olayinka, Olaniyi Felix. "Implementing the Socio-economic and Cultural Rights in Nigeria and South Africa: Justiciability of Economic Rights." African Journal of International and Comparative Law 27, no. 4 (2019): 564–87. http://dx.doi.org/10.3366/ajicl.2019.0291.

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Constitutionalising socio- economic and cultural rights (SERs) and the directive principles of state policy is an indication that a state is disposed to protect and enforce such rights. The classification of rights into political and economic goes a long way in determining the extent of rights enforcement in a nation. In Nigeria political rights are enforceable while economic rights remain unenforceable, but stand a better chance of enforcing political and economic rights under rights unification as in South Africa. Nonetheless, a state's obligation to protect SERs ultimately rests on the reso

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44

Mashego, Katlego Arnold. "The Full Enforcement of Socio-economic Rights in Africa: A Dream or a Reality?" Athens Journal of Law 10, no. 1 (2024): 163–74. http://dx.doi.org/10.30958/ajl.10-1-9.

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The adoption of the African Charter on Human and Peoples’ Rights (African Charter) on 27 June 1981 in Nairobi, Kenya was recorded as historic step towards the protection of human rights in Africa. However, to date, Africans’ socio-economic rights are not fully or at all enforced. The author argues that Africa must take a new approach, a strategic one towards economic development in Africa and consequently the enforcement of socio-economic rights. He submits that several strategic approaches, such as development of new laws on the natural resources, producing quality products and services, imag

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45

Phuong, Nguyen Huynh Bich. "Phan Boi Chau's Thoughts on Feminism and the Struggle for Women's Rights." Journal of Law and Sustainable Development 11, no. 2 (2023): e401. http://dx.doi.org/10.55908/sdgs.v11i2.401.

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Objective: The study clarifies Phan Boi Chau's views on feminism expressed in the right to life, human rights, freedoms, equal rights with men, and the viewpoint of fighting for women's rights. Methods: Dialectical method was chosen as the main research method. Results: The study sheds light on Phan Boi Chau's views on women's rights and the fight for women's rights through the following main issues: the position of women is not only reflected in their role in the family and society. On the basis of criticizing views that do not respect the legitimate rights of women and the inequality between

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46

Broadfoot, Samantha. "Ellie Palmer, Judicial Review, Socio-Economic Rights and the Human Rights Act." Judicial Review 13, no. 2 (2008): 156–57. http://dx.doi.org/10.1080/10854681.2008.11426558.

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47

Sorokina, Elena A. "Innovative Remedies for the Protection of Socio-Economic Rights: The Constitutional Court of South Africa Jurisprudence." Zakon 21, no. 12 (2024): 37–48. https://doi.org/10.37239/0869-4400-2024-21-12-37-48.

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The realisation of socio-economic rights continues to raise a number of questions. Initially, the main issue was the justiciability of these rights. There is now a growing consensus that socio-economic rights are justiciable. At the same time, the focus is shifting to a discussion of effective remedies for its violations. Violations of most social and economic rights are directly linked to systemic or structural reasons, when public authorities fail to fulfil their constitutional obligations to ensure the realisation of these rights. In this regard, the so-called structural protection of socio

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48

Uusitalo, Jenna. "Protecting the Right to Emergency Medical Service in the European Court of Human Rights and Collective Complaint Procedure." Baltic Journal of Law & Politics 11, no. 1 (2018): 48–84. http://dx.doi.org/10.2478/bjlp-2018-0003.

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Abstract The European Court of Human Rights (ECtHR) is generally described as the most effective human rights protection mechanism. While the jurisdiction of the Court is limited to civil and political rights, the protection of socio-economic rights at the Council of Europe is sought primarily through the Collective Complaint Procedure (CCP). Such a distinction reflects the traditional perception of human rights, according to which the protection of socio-economic rights has been regarded as inferior to first-category human rights. However, analysis of the ECtHR and CCP from the viewpoint of e

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Warwick, Ben TC. "SOCIO-ECONOMIC RIGHTS DURING ECONOMIC CRISES: A CHANGED APPROACH TO NON-RETROGRESSION." International and Comparative Law Quarterly 65, no. 1 (2016): 249–65. http://dx.doi.org/10.1017/s0020589315000494.

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AbstractWhen the UN Committee on Economic, Social and Cultural Rights (CESCR) released a letter in early 2012 addressing the financial and economic crises, it was long overdue. Finally, and around four and a half years after the crises began, the body responsible for monitoring those rights that had been most severely impacted had spoken. But what had been said? This article examines the alterations to the doctrine of non-retrogression that the 2012 Letter instigated. It does so by reference to the ‘Business as Usual’ and ‘accommodation’ theories of emergency response. The Letter to States is

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Tavuyanago, Simbarashe. "Exploring the sensitive interplay between labour law and competition jurisprudence: Coca-Cola Beverages Africa (PTY) Ltd v Competition Commission of South Africa & Another [2024] ZACC 3." De Jure 57, no. 1 (2025): 196–205. https://doi.org/10.17159/2225-7160/2024/v57a14.

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On 17 April 2024, the Constitutional Court of South Africa handed down a landmark judgment in Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission & Food and Allied Workers Union [2024] ZACC 3. The case highlighted the intersection of labour and competition, two areas of the law that are cardinal to the protection, promotion, and realisation of socio-economic rights. Labour law is paramount to the realisation of socio-economic rights because it regulates, among other things, the right to fair wages, employment equity, safe working conditions, social security benefits, and job secu

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