Human Rights Law

Immediate and Progressive Realisation in International Human Rights Law

By Tobias Wirthle
Coming Soon Hart Publishing Available October 2026

Specifications

ISBN-13
9781509982516
Publisher
Hart Publishing
Publication
October 2026
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

This book makes a new and original contribution to the old debate about differences between socio-economic and civil and political rights, which has engaged scholars over several decades.

Though the difference is now widely accepted, less attention has been paid to whether it is still valid. This book asks this question, assessing the traditional differentiation in the context of International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. By so doing, it shows that these rights converge more than diverge and this accepted difference should be abandoned.

Human rights lawyers, advocates, practitioners and policy makers will find this invaluable as it brings much needed clarification to this key question.

Table of Contents

Part 1: History and Theory
1. The Rise and Fall of the Historic Divide between Socio-economic and Civil and Political Rights
2. The Concept of Progressive Realisation

Part 2: Analysis of Committee Jurisprudence
3. The General Conception of the Divide between Categories
4. Civil and Political Rights as Progressively Realisable
5. Civil and Political Rights as Subject to Resource Availability
6. The Application of the Margin of Appreciation and the Reasonableness Standard to Civil and Political Rights

Part 3: Treaty Interpretation
7. The Applicable Rules of Treaty Interpretation, Ordinary Meaning, and Context
8. External Sources of Treaty Interpretation
9. Supplementary Means and Result of Interpretation

Conclusion, Recommendations, and Outlook
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