Five Challenges to Legalizing Economic and Social Rights |
| |
Authors: | Daniel P L Chong |
| |
Institution: | (1) Department of Political Science, Rollins College, Winter Park, FL, USA |
| |
Abstract: | In recent years, dozens of human rights non-governmental organizations (NGOs) across the globe have begun to advocate for
economic and social rights, which represents a significant expansion of the human rights movement. This article investigates
a central strategy that NGOs have pursued to realize these rights: legalization. Legalization involves specifying rights as
valid legal rules and enforcing them through judicial or quasi-judicial processes. After documenting some of the progress
made toward legalization, the article analyzes five unique challenges involved in legalizing economic and social rights. It
is important to identify these challenges because they must be overcome if the human rights movement wishes to refute the
notion that economic and social rights are inherently non-justiciable (and therefore, to some, invalid as rights). These challenges also point to the possibility that legalization is not the only, or even the best, strategic pathway to
realize economic and social rights effectively.
|
| |
Keywords: | Economic and social rights Justiciability Legalization |
本文献已被 SpringerLink 等数据库收录! |
|