The Reversibility of Economic Social and Cultural Rights in Crisis Contexts

• Autores: Felipe Gómez Isa
• Localización: Global Education Magazine, ISSN-e 2255-033X, Nº. 6, 2013
• Idioma: inglés
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• Resumen

  • International human rights law has increasingly imposed clearer and more precise obligations on states in the area of ESCRs. But at the same time there are flexible legal mechanisms to accommodate imperatives arising from the responses that states need to provide in light of the deepening economic and financial crisis after 2008. The danger is that ESCRs will pay a high price for a crisis caused by the excesses of unbridled global capitalism which is allergic to any type of constraint or regulation. While fully aware of the specific weakness of ESCRs accountability mechanisms, both nationally and internationally, this paper will show how international law establishes a number of limits – a sort of red line for ESCRs – that states should not overstep.