Economic, Social, and Cultural Rights in Armed Conflict

Hardcover | December 15, 2014

byGilles Giacca

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This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living(food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character.However, in all such cases the protection of ESC rights is sorely challenged.Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard ofhuman rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESCrights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; therelationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, andoffers solutions to reinforce their continued application.

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This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living(food, water, housing), to education, and t...

Dr Gilles Giacca is a Research Fellow at the Law Faculty and Co-ordinator of the Oxford Martin School Human Rights for Future Generations programme. He holds a MA from the Graduate Institute of International and Development Studies (IHEID) in Geneva and a LLM from the University of Essex and holds a PhD in International Law from the U...

other books by Gilles Giacca

Format:HardcoverDimensions:416 pages, 9.21 × 6.14 × 0.01 inPublished:December 15, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019871744X

ISBN - 13:9780198717447

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Table of Contents

Introduction1. Treaty Obligations of States for Economic, Social, and Cultural Rights: Theory and Assessment2. Limitations on Conventional Economic, Social, and Cultural Rights on Security Grounds3. Territorial Scope of Application of Treaty-based Economic, Social, and Cultural Rights4. Economic, Social, and Cultural Rights and International Humanitarian Law5. Human Rights Obligations of Armed Non-state ActorsConclusion