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Sem:Econ,Social,Cult. Rights (LAW-861-001)
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The course will begin with an elucidation of the concept of economic, social and cultural rights. The drafting history of the 1966 International Covenant on Economic, Social and Cultural Rights will be examined. This exercise will allow the inference of states’ views on the nature and implementation of economic, social and cultural rights and the reasons for their neglect. The course will subsequently focus on the international regime for the protection of economic, social and cultural rights. We will analyze the significance of the 1966 International Covenant on Economic, Social and Cultural Rights; the mandate and work methods of the UN Committee on Economic, Social and Cultural Rights and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The implications of broadening the mandate of the Committee on Economic, Social and Cultural Rights to include consideration of individual complaints will be discussed. The course will then examine the nature of international obligations relating to economic, social and cultural rights and pay special attention to the scope and legal significance of some of the provisions enshrined in the 1966 Covenant. The overview of the international regime for the protection of economic, social and cultural rights will also incorporate examination of the relevant practice of regional human rights monitoring bodies such as the European Court of Human Rights, the European Committee on Social Rights, the African Commission on Human and People’s Rights, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. The course will conclude with a look at state practice and consider relevant case-law from South Africa and India.
Textbooks and Other Materials
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First Class Readings
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The syllabus is available in the following format(s):