CEU Electronic Theses and Dissertations, 2012
| Author | Terrefe, Tesfahun Alemayehu |
|---|---|
| Title | The Ambivalent Content of Minimum Core of Socio-Economic Rights and Its Reflection in Domestic Legal Systems A-Comparative Perspective |
| Summary | The paper explored the minimum core approach to the socio economic rights and the extent to which the concept is featured and transplanted in the domestic legal system to adjudicate and enforce socio economic rights with especial emphasis on the experience of South Africa, India, Ethiopia and Columbia. Earlier the enforcement of socio economic rights face difficulties for the various reasons like the vague and indeterminate way in which the rights are framed, the problem of legitimacy of courts to deal with social rights and other perception about the social rights. However, the introduction of the minimum core concept in the socio economic rights discourse by the CESCR is a big step forward in lending content to the rights which in turn leads to the adjudication of the rights and scholarly debate over the concept concerning socio economic rights enforcement. The whole idea behind the Minimum core approach is to narrow down the existing elusive, vague and indeterminate way in which economic, social and cultural rights have historically been articulated by conferring minimum legal content to the rights thereby by creating rights capable of claim and judicial enforcement, in the event of violation Hence, in essence, minimum core approach is intended to establish certain classes of needs as enjoying priority over others and the minimum core of a right constitute an immediately realizable entitlement derogation from which is only justified up on demonstrating strong proof for non compliance. The paper analysis various issues surrounding the concept including the origin, definition, theoretical frameworks of the minimum core concept, i.e. What are the normative goals or criteria to determine minimum core of a particular right? In addition, issues like can minimum core be enforced as individual rights? Can it provide a universal standard that are applicable across varied social, developmental and resource context of specific countries? Whether minimum core is absolute (context blind) right? will be seen in detail, The paper also explored attempts made by the domestic courts of South Africa, India and Columbia to apply the concept in the real of adjudication and enforcement of socio economic rights. |
| Supervisor | Professor Murray Wesson |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/terrefe_tesfahun.pdf |
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