Part I provides an analysis of the various legal issues commonly encountered in economic, social and cultural rights litigation. These include identifying the relevant sources of law, establishing justiciability, defining the nature and scope of rights and obligations, responding to the defences available to governments, and the crafting of appropriate remedies. The next chapters address the right to legal aid for economic, social and cultural rights litigation, specific rights (social security, housing, health and education), as well as the social rights of children.
The 21 case studies discussed in this volume clearly illustrate that a wide variety of economic, social and cultural rights are justiciable. Moreover, this publication set out many concrete examples where legal action has made a difference and has unquestionably progressed the actual realisation of the rights.
Litigating Economic, Social and Cultural Rights: Achievements, Challenges and Strategies also reveals the many practical and theoretical obstacles that have been encountered in social action litgation.
The report examines questions related to enforcement of the right to education and judicial and quasi-judicial mechanisms. It also highlights the available jurisprudence at the national, regional and international levels, with a focus on some key dimensions of the right to education. In conclusion, the Special Rapporteur offers recommendations for making the justiciability of the right to education and its enforcement more effective.
Many countries have incorporated the right to education in their constitutions. The present article discusses the modalities of how a number of key dimensions of the right to education have been subject to judicial or quasi-judicial review. In other words, it discusses how the courts have dealt with the educational issues brought before them. Such cases do not always use right-to-education language, but generally speaking they deal with two aspects of the right to education, namely the right to receive an education and the right to choose an education.
General Comment 11, adopted by the Committee on Economic, Social and Cultural Rights, provides interpretation and clarification of Article 14 of the International Covenant on Economic, Social and Cultural Rights.