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justiciability

This term ‘has acquired popularity with politicians as well as with lawyers. It is, however, used ambiguously to designate the suitability of a dispute for settlement, both as to law ... ...

Economic and Social Rights

Economic and Social Rights   Reference library

William F. Felice

The International Studies Encyclopedia

Reference type:
Subject Reference
Current Version:
2017
Subject:
Social sciences, Politics, Warfare and Defence
Length:
9,215 words

...“justiciable.” As the Committee on Economic, Social and Cultural Rights ( 1998 ) observed: “It is important in this regard to distinguish between justiciability (which refers to those matters which are appropriately resolved by the courts) and norms which are self-executing (capable of being applied by courts without further elaboration). While the general approach of each legal system needs to be taken into account, there is no Covenant right which could not, in the great majority of systems, be considered to possess at least some significant justiciable...

Economic, Social, and Cultural Rights

Economic, Social, and Cultural Rights   Reference library

Henry F. Carey

The International Studies Encyclopedia

Reference type:
Subject Reference
Current Version:
2017
Subject:
Social sciences, Politics, Warfare and Defence
Length:
13,284 words

..., who admitted that “There was a sense in the Committee [on Economic, Social and Cultural Rights] that, despite the concept of the indivisibility of rights, economic, social and cultural rights did not have the same value as civil and political rights and were not equally justiciable” (“Substantive Issues Arising in the Implementation of the International Covenant on Economic, Social and Cultural Rights, Adoption of Draft General Comment No.15 on the Right to Water,” UN Document E/C.12/2002/SR.50, Nov. 28, 2002 :6; emphasis added). The 1988 Brazilian C...

Human Rights and History

Human Rights and History   Reference library

Micheline Ishay

The International Studies Encyclopedia

Reference type:
Subject Reference
Current Version:
2017
Subject:
Social sciences, Politics, Warfare and Defence
Length:
13,638 words

...legal scholarship was split between defenders of the concept of civil and political rights, on the one hand, and advocates of socioeconomic rights, on the other hand. Western countries and their allies privileged the Covenant of Civil and Political Rights for reasons of justiciability, while the postcolonial world and communist states emphasized the Covenant of Economic, Social and Cultural rights – with the understanding that this document was less enforceable, given the level of poverty within the developing world ( Thakur 1982 ). Armed with civil,...

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