Economic, Social and Culture Rights (LAW-861-001)

Not offered in Summer 2020

Professors:

  • Tara Melish, Director and Professor of Law, Buffalo Human Rights Center, SUNY Buffalo Law School, State University of New York
  • Flavia Piovesan, Commissioner, Inter-American Commission on Human Rights, Organization of American States, Washington, D.C.

Course Description:

The course aims to critically evaluate the doctrinal concepts and practical strategies used by advocates in efforts to ensure the effective protection of economic, social and cultural rights across international, regional and national systems of human rights protection. The course recalls the basic building blocks and foundational structure of human rights law, often forsworn in traditional discussions of economic social and cultural rights. With a view to recovering these foundations, the course proceeds to a critical examination of the nature and content of states’ legal obligations, how these obligations inform rights analysis, and the instrumental purposes behind dominant methodologies of human rights protection. This includes examination of the concept of ‘justiciability,’ balancing tests, the relationship between remedies and case framing, and the relationship between casework and regularized performance monitoring.  The course examines these issues in practical application across human rights systems. We will discuss direct and indirect approaches to social rights protection, the reasons behind their respective uses, and the standards of review used by courts and treaty bodies across jurisdictions. We will then turn to system-specific applications, closely examining the reasoning and approaches used with respect to economic, social and cultural rights by the U.N. Committee on Economic, Social and Cultural Rights, the South African Constitutional Court, the Inter-American human rights organs, and the European Court of Human Rights, respectively. The lessons from these applications will then be applied to a fact pattern as part of a group exercise. The third part of the course will return to conceptual issues at a more advanced level, including the relationships between economic, social and cultural rights and concepts of equality, diversity, contents, and implementation in public policies. 

Human Rights Events

September 18 12:00PM-1:00PM Power, Policing, & Tech September 22 12:00PM-1:00PM Online via Zoom Human Rights 101 September 23 12:00PM-1:00PM Online via Zoom International Suite Talk featuring Charles Di Leva, The World Bank’s Chief Officer for Environmental and Social Standards September 24 11:00AM-12:30PM Online via Zoom 15th International Commercial Arbitration Annual Lecture: Seven Dirty Tricks to Disrupt Arbitral Proceedings and the Responses of International Arbitration Law September 30 12:00PM-1:00PM Online via Zoom International Suite Talks Series October 02 12:00PM-1:00PM Online via Zoom American University Law Review Federal Circuit Fridays Series: Veteran's Law Keynote Address October 07 12:00PM-1:00PM Online via Zoom International Suite Talks Series October 09 12:00PM-1:00PM Online via Zoom American University Law Review Federal Circuit Fridays Series: Patent Law Panel Discussion October 13 4:00PM-7:00PM Day 1- 22nd Annual Hispanic Law Conference (HLC): What's at Stake for Latino/a/x Communities in 2020? COVID-19, Census, Elections, and Social Justice Movements October 14 12:00PM-1:00PM Online via Zoom International Suite Talks Series October 14 4:00PM-7:00PM Day 2- 22nd Annual Hispanic Law Conference (HLC): What's at Stake for Latino/a/x Communities in 2020? COVID-19, Census, Elections, and Social Justice Movements October 15 4:00PM-7:00PM Day 3 - 22nd Annual Hispanic Law Conference (HLC): What's at Stake for Latino/a/x Communities in 2020? COVID-19, Census, Elections, and Social Justice Movements Events Calendar ... Find more events in our events calendar
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