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Socio-Economic Human Rights for Essential Public Services Provision

Socio-Economic Human Rights for Essential Public Services Provision

Author: Marlies Hesselman; Antenor Hallo de Wolf; Brigit Toebes
Publisher: Routledge
ISBN: 9781138669659
Published In: November 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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There is a clear overlap between the public objectives of guaranteeing and securing socio-economic human rights enjoyment for all persons, and arranging adequate access to essential public services across society. Both assist in ensuring inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time in order to explore how socio-economic rights law can be harnessed to reinforce better services access, and how human rights can be strengthened to play an important role in assessing socio-economic legal and policy decisions.

This edited volume actively engages with the nexus between universal public service provision and human rights protection, especially socio-economic human rights protection. The volume attempts to identify practical common challenges for providing essential services, looking at various services and at various regulatory settings. It also seeks to examine how socio-economic rights or guideposts can be harnessed to improve their provision. The book goes on to examine the relationship between State-actors and private business actors who increasingly take on the provision of essential services and explores how this may make it necessary to hold private actors responsible for human rights. The final part of the book discusses the need to ensure sufficient ‘checks and balances’ in the universal essential public services provision, focused particularly around the human rights concepts and requirements of ‘participation’ and ‘accountability’.

1. Socio-Economic Human Rights for Essential Public Services Provision: Common Challenges and International Guideposts,Marlies Hesselman, Antenor Hallo de Wolf and Brigit Toebes

Part 1: Contemporary Challenges For Essential Public Services Provision

2. Access to Controlled Medicines in Low and Middle Income Developing Countries: Reconciling International Obligations and Local Realities in Uganda, Marie Elske Gispen

3. Maintaining Access To Patented Essential Medicines in India: What Role for Human Rights Law?, Jennifer Sellin

4. Social Solidarity and the Right to Health: Revisiting the Question of Affordability of Universal Access to Health Services, Eduardo Salvador Arenas Catalán

5. Access to Water Services: World Bank Projects and Water Rights, Moniká Ambrus

6. Is Cutting People's Electricity Off ‘Cut Off' From the ECHR's Material Scope? An Analysis of the Greek Practice and its Implications,Panos Merkouris

7. Disaster Management in EU Law: Restraints to Externalisation of Disaster Management Services and Fulfilment of Human Rights,Mauro Gatti

8. Managing Air Pollution in China: Mobilizing the Right to Participation for Access to Clean Air in China, Huanlin Lang

Part 2: Private Actor Involvement

9. Human Rights Standards and Public Procurement for Essential Public Services, Claire Methven O’Brien

10. Private Providers of Essential Public Services and De Jure Responsibility for Human Rights, Lottie Lane

11. Restoring Access to Essential Public Services after Project-Induced Involuntary Resettlements: Human Rights Responsibilities for Business Enterprises, Lidewij Van Der Ploeg, Frank Vanclay and Ivo Lourenço

12. Pharmaceutical Corporations as Essential Medicines Manufacturers: Human Rights Actors or Recipients?, Shamiso Philomena Zinzombe

13. The Relationship Between EU Public Service Obligations and Human Rights Protection, Hetty Ten Oever and Iris Houben

Part 3: Participation, Accountability and Remedy

14. Participation and the Right to Health: Virtues, Valorizing and Valuing, Maria Stuttaford, Therese Boulle, Hanne Jensen Haricharan and Zingisa Sofayiya

15. ‘Participation’ for All? Challenges and Tools for Realizing Vulnerable People’s Access to Health Services in Sweden and the UK, Titti Mattsson

16. Effective Court Remedies for the Protection of Human Rights in Essential Public Services Provision in Colombia, Jimena Murillo Chávarro

17. Individual Inputs and Collective Outputs: Understanding the Structural Effects of Individual Litigation on Collective Access to Medicines in Brazil, Danielle Da Costa Leites Borges

18. Social Accountability for the Implementation of the Right to Health – the Case of China, Yi Zhang