Identifying routes to remedy for violations of economic, social and cultural rights

Boyle, Katie and Hughes, Edel (2018) Identifying routes to remedy for violations of economic, social and cultural rights. International Journal of Human Rights, 22 (1). pp. 43-69. ISSN 1364-2987 (doi:10.1080/13642987.2017.1390304)

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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.

Item Type: Article
Research Areas: A. > School of Law > Law and Politics
Item ID: 23592
Notes on copyright: This is an Accepted Manuscript of an article published by Taylor & Francis in International Journal of Human Rights on 27/10/2017, available online: http://www.tandfonline.com/10.1080/13642987.2017.1390304
Useful Links:
Depositing User: Edel Hughes
Date Deposited: 20 Feb 2018 14:31
Last Modified: 01 May 2019 12:37
URI: https://eprints.mdx.ac.uk/id/eprint/23592

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