The protection of non-nationals’ economic, social and cultural rights in UN Human Rights Treaties
The protection of non-nationals’ economic, social and cultural rights in UN Human Rights Treaties
The decade of austerity policies resulting from the 2008 economic crisis significantly impeded the realisation of economic, social and cultural (ESC) rights worldwide, especially for non-nationals who became targets of populist nationalist ideologies. The Coronavirus disease (COVID-19) pandemic and its subsequent recession have heightened existing levels of inequalities, putting non-nationals’ access to health, housing, food, water and work under unprecedented strains. It is thus, crucial to analyse the extent to which UN human rights treaties recognise non-nationals’ ESC rights, in order to assess their ability to offer protection in this context. This article sheds light on the ambiguities of key UN human rights treaties in this regard. It then analyses the attempts of relevant UN treaty bodies to circumvent such issues; and finally suggests legal paths allowing UN treaty bodies to further assert their protection of non-nationals’ ESC rights during the COVID-19 pandemic.
Coronavirus disease (covid-19) pandemic, Economic, Non-nationals, Social and cultural rights, Treaty interpretation, Un human rights treaties, Un treaty bodies
252-290
Lougarre, Claire
74b808d2-6b74-4793-a927-3b84da3a3ae4
27 October 2020
Lougarre, Claire
74b808d2-6b74-4793-a927-3b84da3a3ae4
Lougarre, Claire
(2020)
The protection of non-nationals’ economic, social and cultural rights in UN Human Rights Treaties.
International Human Rights Law Review, 9 (2), .
(doi:10.1163/22131035-00902008).
Abstract
The decade of austerity policies resulting from the 2008 economic crisis significantly impeded the realisation of economic, social and cultural (ESC) rights worldwide, especially for non-nationals who became targets of populist nationalist ideologies. The Coronavirus disease (COVID-19) pandemic and its subsequent recession have heightened existing levels of inequalities, putting non-nationals’ access to health, housing, food, water and work under unprecedented strains. It is thus, crucial to analyse the extent to which UN human rights treaties recognise non-nationals’ ESC rights, in order to assess their ability to offer protection in this context. This article sheds light on the ambiguities of key UN human rights treaties in this regard. It then analyses the attempts of relevant UN treaty bodies to circumvent such issues; and finally suggests legal paths allowing UN treaty bodies to further assert their protection of non-nationals’ ESC rights during the COVID-19 pandemic.
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HRLR_009_02_Lougarre
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Accepted/In Press date: 17 September 2020
e-pub ahead of print date: 24 October 2020
Published date: 27 October 2020
Keywords:
Coronavirus disease (covid-19) pandemic, Economic, Non-nationals, Social and cultural rights, Treaty interpretation, Un human rights treaties, Un treaty bodies
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Local EPrints ID: 444159
URI: http://eprints.soton.ac.uk/id/eprint/444159
ISSN: 2213-1035
PURE UUID: b03c59df-bc58-4afa-b756-bf9f89b57ccc
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Date deposited: 29 Sep 2020 17:40
Last modified: 16 Mar 2024 09:29
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Author:
Claire Lougarre
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