Marginality of economic and social rights 2016, para. 42
Paragraph- Paragraph text
- Because of the relative inactivity of these other actors, studies of economic and social rights accountability have focused overwhelmingly on the courts and on the extent to which the increasing constitutional recognition noted above has enabled them to play an active role in upholding economic and social rights. It is open to question whether this emphasis accurately reflects the main trends in economic and social rights accountability or whether it is due more to the lawyers' preference for studying courts. It might also be linked to the determination of economic and social rights proponents in the era of post-Cold War constitutional revitalization to respond to the often heard, but highly reductionist, proposition that "if one is to talk meaningfully of rights, one has to discuss what can be enforced through the judicial process". In response, economic and social rights proponents have sought legitimacy by seeking to demonstrate that economic and social rights resemble civil and political rights, at least in this key respect.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2016
- Paragraph type
- Other
- Paragraph number
- 42
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