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

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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 1744-053X (https://doi.org/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.

ORCID iDs

Boyle, Katie ORCID logoORCID: https://orcid.org/0000-0002-5078-8620 and Hughes, Edel;
  • Item type:Article
    ID code:86855
    Dates:
    Date
    Event
    2 January 2018
    Published
    27 October 2017
    Published Online
    25 October 2017
    Accepted
    Notes:Funding Information: The authors would like to thank Dr Elaine Webster, Dr Jo Ferrie, the members of the Scottish Human Rights Commission Research Advisory Group and the anonymous reviewers for comments on earlier drafts. All errors remain the responsibility of the authors. The article draws on research that was partly funded by the Scottish Human Rights Commission in preparation for the report: Katie Boyle, ESC Rights in Scotland (Edinburgh, SHRC, 2015) http://www.scottishhumanrights. com/economic-social-cultural-rights/ and by research undertaken as part of the Economic and Social Research Council funded project, Human Rights in Transition: Impact for the UK in a Changing Europe (2016–2017). Publisher Copyright: © 2017 Informa UK Limited, trading as Taylor & Francis Group. Katie Boyle & Edel Hughes (2018) Identifying routes to remedy for violations of economic, social and cultural rights, The International Journal of Human Rights, 22:1, 43-69, DOI: 10.1080/13642987.2017.1390304
    Subjects:Law
    Political Science
    Social Sciences
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:05 Oct 2023 08:26
    Last modified:05 Dec 2024 02:36
    Related URLs:
    URI:https://strathprints.strath.ac.uk/id/eprint/86855
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