The minimum core of economic and social rights: A concept in search of content

Abstract
Within the catalogue of rights, whether conceived in constitutional or international terms, economic and social rights are said to be especially indeterminate. This Article inquires into the conceptual foundations of a minimum core of economic and social rights. The concept of the minimum core has been applied to provide determinacy and even justiciability to the rights to food, health, housing, and education, and also (most ambitiously) to give substance to minimum legal obligations in both national and global distributive justice debates. This Article brings together the methodological insights of comparative constitutional law and international human rights, and traces the ways in which concepts are borrowed from each field. By doing so, this Article disaggregates three contrasting approaches to giving content to the minimum core - that of ascertaining the normative essence, minimum consensus or minimum obligation of economic and social rights. This Article further demonstrates how each approach is ultimately unable to provide an account that satisfies the proclaimed aims of the minimum core's proponents. It ends by gesturing towards alternative ways of approaching a universalized discourse of minimums in economic and social rights.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 10,738
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Citations of this work BETA

No citations found.

Similar books and articles
Analytics

Monthly downloads

Added to index

2009-01-28

Total downloads

18 ( #91,421 of 1,098,824 )

Recent downloads (6 months)

1 ( #286,314 of 1,098,824 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.