Transnational Publishers

Transnational Publishers, Inc. • 410 Saw Mill River Road • Ardsley , New York 10502-2615

This innovative text is the first casebook on social rights for use in a variety of law school courses as well as in graduate and undergraduate programs on human rights.

The text begins with “Global Narratives/Global Realities,” a survey of selected global and local events that illustrate the nature and scope of economic, social and cultural rights violations. These examples also demonstrate the interdependence of social rights and civil and political rights. Economic, Social, and Cultural Rights goes on to explore the theoretical dimensions of rights discourse, including critical perspectives from western, African, and other eastern traditions. Part II describes the implementation of international and regional instruments guaranteeing economic, social and cultural rights. Part III on “power, politics and poverty” considers structural issues such as globalization, racial and gender discrimination, and cultural genocide.

Part IV of the book contains four case studies representing distinctive approaches to the

constitutional protection of economic, social and cultural rights, including the “directive principles” approach pioneered in India; the “bill of rights” approach adopted in South Africa; the European Court of Human Rights’ invocation of traditional civil rights to protect second and third generation rights; and the reliance on state constitutions in the United States. All sections contain notes, questions, and suggestions for further reading. An Appendix lists non-governmental organizations concerned with the implementation of these important human rights.

Jeanne M. Woods is the Henry F. Bonura, Jr. Professor of Law at Loyola University, New Orleans, Hope Lewis is a Professor of Law at Northeastern University School of Law, and Ibrahim Gassama is a Professor of Law at Oregon Law School.

Preliminary Table of Contents

PART I — DISCURSIVE THEMES

CHAPTER ONE—GLOBAL NARRATIVES/GLOBAL REALITIES

CHAPTER TWO—THEORETICAL PARADIGMS

A. Historical Roots

B. Liberal Rights Discourses

C. Critical Approaches

D. The Nature of Economic Social and Cultural Rights

PART II — INTERNATIONAL INSTRUMENTS AND THEIR IMPLEMENTATION

CHAPTER THREE—INTERNATIONAL TREATIES

A. The International Bill of Rights

B. The Race Convention

C. The Women’s Convention

D. The Convention on the Rights of the Child

CHAPTER FOUR—REGIONAL CHARTERS

A. The Inter-American System

B. The European Systems

C. The African Union

PART III — POWER, POLITICS, AND POVERTY

CHAPTER FIVE— DEVELOPMENT

CHAPTER SIX—“IDENTITY POLITICS” OR STRUCTURAL CRITIQUE?

A. Race and Reparations

B. Gender: Poverty and Women’s Work

C. Culture

1. Language

a. Language Rights: Political Rights, Cultural

Rights, and the Politics of Culture

b. Language and Education

c. Restrictions on Language Use

2. The “Exotic Other” – Cultures and Rights

a. Gender, Culture and Religion

b. The Roma People

c. Disabled Persons and “Disability Culture”

D. Self-Determination

a. Indigenous Peoples

b. Occupied Peoples

E. Rights and the Workplace

1. Persons with Disabilities: An Emerging

International Issue

2. Workplace Safety

PART IV — CASE STUDIES

CHAPTER SEVEN— INDIA : THE “DIRECTIVE PRINCIPLES” APPROACH

CHAPTER EIGHT— SOUTH AFRICA : THE BILL OF RIGHTS APPROACH

CHAPTER NINE—THE COUNCIL OF EUROPE —A BLENDING OF THE CATEGORIES

CHAPTER TEN—THE UNITED STATES

A. The Federal System

B. State Constitutions

C. Alternative Approaches

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Transnational Publishers, Inc. • 410 Saw Mill River Road • Ardsley , NY 10502 • Phone: 914-693-5100