Social and Economic Rights as Fundamental Rights

Spivack, Carla; Bignami, Francesca

doi:10.5131/ajcl.2013.0036

Cited by 4 publications

(1 citation statement)

References 7 publications

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“…By subscribing to the assumption behind a constitutional interpretation that views the text as a rulebook to be followed as strictly as possible, conservatives are subsequently able to justify employing the narrowest level of generality in their analyses of tradition. This provides justification for the political outcome of limiting rights on legal grounds because it interprets the Constitution as a guide for how to remain as loyal to the traditions of the past as possible (Bignami & Spivack 2014). The most specific view of tradition provides a legal basis upon which to decide a case because it is the closest way to ensure that society continues to follow the Constitution in its most literal sense.…”

Section: Conservatism á La Russian: Law and Politicsmentioning

confidence: 99%

Conservative Jurisprudence and the Russian State

Muravyeva

2017

Europe-Asia Studies

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Section: Conservatism á La Russian: Law and Politicsmentioning

confidence: 99%

Conservative Jurisprudence and the Russian State

Muravyeva

2017

Europe-Asia Studies

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The Judicialization of Health Care: A Global South Perspective

Lamprea

2017

Annu. Rev. Law. Soc. Sci.

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This article charts the trajectory of the judicialization of health care from the perspective of Global South countries. It shows how the emergence of health rights litigation in the 1990s and early 2000s was bolstered by the global expansion of the HIV/AIDS epidemic and by major constitutional reforms that triggered a period of rights revolutions in South Africa and several Latin American countries. This article also tracks the litigation epidemic in countries like Colombia and Brazil, where the escalation of health rights lawsuits is threatening the financial stability of health systems and the fair allocation of scarce health resources. It concludes by discussing a fundamental challenge confronting the field, namely, how to look upstream for new approaches to the right to health to reinstate litigation and adjudication as mechanisms to promote more equitable health systems.

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Accessing the Right to Basic Education in South Africa: Four Years after the Ratification of the Covenant on Economic, Social, and Cultural Rights

Makapela

Tanga

2020

Perspect. Global Dev. Technol.

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This article examines access to the right to basic education enshrined in the South African Constitution. Underpinned by the human rights-based approach, the study employed survey questionnaires and in-depth interviews as methods of data collection. The results of the study revealed that the majority of the survey respondents contend that the post-apartheid state has fulfilled the right to basic education only to a small extent notwithstanding the existence of pre-schools, primary, and secondary schools located within a reasonable walking distance from the communities. Preference for the three classes was not equally distributed in the population, X2 (2, N= 500) = 99.68, p < 0.05. On the contrary, the majority of government participants interviewed rated the post-apartheid state fulfillment of the right to basic education in the Buffalo City Metropolitan Municipality as fair. Overall, all the government participants had a moderate view regarding the fulfillment of the right.

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Social and Economic Rights as Fundamental Rights

Cited by 4 publications

References 7 publications

Conservative Jurisprudence and the Russian State

Conservative Jurisprudence and the Russian State

The Judicialization of Health Care: A Global South Perspective

Accessing the Right to Basic Education in South Africa: Four Years after the Ratification of the Covenant on Economic, Social, and Cultural Rights

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