Bringing ESC Rights Home, The Case or Legal Protection of Economic, Social and Cultural Rights in Ireland
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2014Author:
Amnesty International IrelandAtlantic PhilanthropiesAccess:
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Amnesty International Ireland, 'Bringing ESC Rights Home, The Case or Legal Protection of Economic, Social and Cultural Rights in Ireland', [report], Amnesty International Ireland, Bringing Economic, Social and Cultural Rights Home, 2014Download Item:
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Atlantic Philanthropies
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This report is designed to inform and guide law and policy makers in Ireland, in considering how the legal enforceability or justiciability of economic, social and cultural (ESC) rights can be strengthened. Many civil and political rights are protected in Irish law, including in Ireland’s Constitution, Bunreacht na hÉireann. However, ESC rights such as the rights to health, housing and social security, have for the most part been excluded. The report provides an introduction to ESC rights and outlines Ireland’s obligations when it comes to these rights. It considers some of the most common myths and misconceptions around ESC rights, particularly in Ireland, which have hindered their application to date. The report highlights the different approaches adopted by courts in other States when adjudicating ESC rights cases. It outlines what provision is already being made for ESC rights in the Irish Constitution, law and policy, highlighting gaps and resultant impacts, and highlighting the added value of a human rights based approach. The report maps some of the existing mechanisms in Ireland which can help to ensure accountability on ESC rights delivery, but draws attention to the fact that there is no robust overarching accountability framework in place. Referring to a number of other European States, it outlines how ESC rights have been protected in those jurisdictions and the impact this has had. The report ends by making a number of recommendations on how the protection of ESC rights in Ireland can be strengthened. The net conclusion is that the best form of ESC rights protection is justiciable Constitutional status.
Author: Amnesty International Ireland; Atlantic Philanthropies
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