Social Justice in Human Rights

HOOSE ONE OF THESE TWO QUESTIONS TO ADDRESS. The number of sources selected on the next page is just a number; any number can be used. Please focus on case law/law articles; this is not a social sciences paper but a law school one.

  1. Although judicial enforcement of social, economic and cultural rights is not the only way of protecting these rights, it is indeed fundamental in a democratic society. Critically analyse the debate on whether economic, social and cultural rights should be legally enforceable.

Suggested starting points
• (editors) Conor Gearty and Virginia Mantouvalou “Debating Social Rights” (Hart 2011)
• Navish Jheelan “The enforceability of socio-economic rights” [2007] European Human Rights Law Review 146
• Christian-Jr Kabange Nkongolo “The justiciability of socio-economic rights under the African Charter on Human and People’s Rights: appraisal and perspectives three decades after its adoption” [2014] African Journal of International and Comparative Law 492

  1. Critically analyse the duties on states which come from one economic, social and cultural right. (Choose which economic, social and cultural right you would like to write about). In relation to the duties generated by this right, take into account the debate between those who argue for ‘minimum core’ obligations and those who are for a ‘reasonableness’ standard.

Suggested starting points
• David Bilchitz “Poverty and Fundamental Rights: The Justification and Enforcement of Socio-Economic Rights” (Oxford University Press 2007) chapter 6
• Edwin Cameron and Max Taylor “The untapped potential of the Mandela Constitution” [2017] Public Law 382.
• Sandra Fredman “Human Rights Transformed” (Oxford University Press 2008) chaptiquer 3 ‘The Structure of Positive Duties’

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