Poverty And Fundamental Rights

This book addresses the pressing issue of severe poverty and inequality, and questions why violations of socio-economic rights are treated with less urgency than violations of civil and political rights, such as the right to freedom of speech or to vote? Socio-economic rights have been widely regarded as aspirational goals, rhetorically useful, but having few practical implications for government policy and the distribution of resources within a polity. It is not therefore surprising that socio-economic rights have been systematically neglected in the world today, with millions still lacking access to even basic shelter, food or health care. This book seeks to provide a sustained argument for placing renewed emphasis upon socio-economic rights in the fight against desperate poverty. It utilizes a combination of political philosophy, constitutional law, and public policy in its focus on the right to food, to housing, and to health care. Part I involves the development of a philosophical theory of rights that provides a common normative foundation for both civil and political rights and socio-economic rights. This theory involves developing an understanding of value that recognizes individuals have fundamental interests of differing levels of urgency. It also involves drawing an important distinction between conditional rights that flow purely from a normative focus on the equal importance of individuals and unconditional rights that involve competing normative and pragmatic considerations. A general theory of judicial review is also put forward that provides a justification for judicial involvement in the enforcement of socio-economic rights. Part II then considers the implications of this general philosophical theory for the interpretation and enforcement of socio-economic rights in law. The focus of this more applied discussion is upon South Africa, where entrenched, directly justiciable socio-economic rights are expressly protected in the constitution. The current approach of the South African Constitutional Court to their interpretation and enforcement is considered and criticized primarily for failing to provide sufficient content to such rights. A modified version of the minimum core approach to socio-economic rights is proposed as an alternative way which is supported by the philosophical theory developed in the first part of the book. This approach requires priority to be given to the worst off in society through placing a heavy burden of justification on any society that fails to meet the minimal interests of individuals. It also requires concrete steps to be taken towards realising a higher level of provision that guarantees individuals the necessary conditions for realising a wide range of purposes. This is also shown to have important policy implications both for developing and developed countries that can, it is hoped, assist in creating an urgency and commitment towards eradicating extreme poverty.

This book conducts a comparative legal study from two analytical points of view. First, it accounts for the legal dimensions of the fight against poverty and the right to development as seen from the perspective of domestic legal law. It examines the domestic legal tools, such as constitutional law, that aim to contribute to the fight against poverty and the right to development. Second, the book accounts for the domestic contributions to the international legal framework and examines cross-cutting themes of the contemporary state-of-play on the fight against poverty more broadly and of the right to development. The book consists of several national and thematic reports, which look at these issues from either a national or a thematic perspective. Its first chapter is a general report, which draws on the national and thematic reports to compare, systematize and question the contemporary features at play within the field of the fight against poverty and the right to development.

'Poverty itself is a violation of numerous basic human rights.' (Mary Robinson, former UN High Commissioner on Human Rights) The idea that freedom from poverty is a basic human right that gives rise to moral and legal obligations of governments and other actors has received increased international attention in recent years. Mary Robinson, the former UN High Commissioner for Human Rights, has pushed the international agenda on poverty and human rights forward by characterizing extreme poverty as one of the key human rights problems that the world faces. The recognition of poverty as a human rights issue is also increasingly reflected in the work of international organizations such as the United Nations Development Programme (UNDP) and the United Nations Children's Fund (UNICEF), and of campaigning organizations such as Oxfam, Human Rights Watch, and Amnesty International. In Poverty and Human Rights Vizard analyses the importance of the work of the Nobel Laureate Amartya Sen for contemporary debates about poverty and human rights. Bringing together perspectives from ethics, economics, and international law, Vizard provides a detailed and concise analysis of Sen's contributions and examines the ways in which his work has promoted cross-fertilization and integration across traditional disciplinary divides. She demonstrates that Sen has made a major contribution to the development of an 'interdisciplinary bridge' between human rights and theoretical and empirical economics, and to the establishment of poverty as a human rights issue. Vizard demonstrates that Sen's work has deepened and expanded human rights discourse in important and influential ways. In ethics, Sen is shown to have challenged the exclusion of poverty, hunger, and starvation from the characterization of fundamental freedoms and human rights, and to have contributed to the development of a framework in which authoritatively recognized international standards in this field can be meaningfully conceptualized and coherently understood. In economics, Sen is shown to have set out a far-reaching critique of standard frameworks that fail to take account of fundamental freedoms and human rights, and to have moved the economics and human rights agenda forward by pioneering the development of new paradigms and approaches which focus on these concerns.

Some 2.5 billion human beings live in severe poverty, deprived of such essentials as adequate nutrition, safe drinking water, basic sanitation, adequate shelter, literacy, and basic health care. One third of all human deaths are from poverty-related causes: 18 million annually, including over 10 million children under five. However huge in human terms, the world poverty problem is tiny economically. Just 1 percent of the national incomes of the high-income countries would suffice to end severe poverty worldwide. Yet, these countries, unwilling to bear an opportunity cost of this magnitude, continue to impose a grievously unjust global institutional order that foreseeably and avoidably perpetuates the catastrophe. Most citizens of affluent countries believe that we are doing nothing wrong. Thomas Pogge seeks to explain how this belief is sustained. He analyses how our moral and economic theorizing and our global economic order have adapted to make us appear disconnected from massive poverty abroad. Dispelling the illusion, he also offers a modest, widely sharable standard of global economic justice and makes detailed, realistic proposals toward fulfilling it. Thoroughly updated, the second edition of this classic book incorporates responses to critics and a new chapter introducing Pogge's current work on pharmaceutical patent reform.

The 94 Papers In This Set Of Five Volumes, Presented At An International Conference, Organised By Barkatullah University, Bhopal, Analyse The Interface Between Human Rights And Poverty, With Particular Reference To India. Dealing With Conceptual Theoretical And Philosophical Dimensions Of Poverty And Human Rights, They Address A Wide Range Of Issues Pertaining To The Situation Of Human Rights And Poverty Among Different Social Groups In Different States Of The Country. The Role Of National Human Rights Commission And Ngos In The Protection Of Human Rights And In Eradication Of Poverty Has Also Been Analysed.

This timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches.

This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights.

Recent years have seen the retrenchment of Canadian social programs and the restructuring of the welfare state along neo-liberal lines. Social programs at both the federal and the provincial levels have been cut back, eliminated, or recast in exclusionary and punitive forms. Poverty: Rights, Social Citizenship, and Legal Activism responds to these changes by examining the ideas and practices of human rights, citizenship, legislation, and institution-building that are crucial to addressing poverty in this country. The essays in this volume investigate current trends in social, political, and legal anti-poverty activism. They challenge prevailing assumptions about the role of governments and the methods of accountability in the field of social and economic justice. Through their analysis of rights advocacy and the interconnectedness of law and politics, the contributors also demonstrate that the fight for social and economic justice is vibrant and of critical importance.