Economic, social, cultural and new rights
Economic, social, cultural and new rights
This chapter examines the constitutional inclusion of economic, social and new types of emerging rights, drawing from experience in OECD countries. After briefly outlining their prevalence in contemporary constitutions, the first sections present the debates regarding the advisability of their constitutionalisation, the “strength” they ought to be accorded, and the impact of differences between constitutional ideals and reality. It discusses particular economic, social, cultural, and new rights, including health, education, employment, environmental, privacy and digital rights, making reference to existing patterns of entrenchment. Issues pertaining to accessibility and enforcement as well as the potential contribution of human rights commissions are noted. Finally, some cautionary concerns are raised about the specificity of rights language, progressive realisation and deference to the elected branches.
35-63
Organisation for Economic and Co-operative and Development
Rosevear, Evan
5459603c-339c-4452-b091-a62f9986cf11
Bookman, Sam
74e91117-d7ed-4dd8-84d1-0d7e2c9b2bd6
28 February 2022
Rosevear, Evan
5459603c-339c-4452-b091-a62f9986cf11
Bookman, Sam
74e91117-d7ed-4dd8-84d1-0d7e2c9b2bd6
Rosevear, Evan and Bookman, Sam
(2022)
Economic, social, cultural and new rights.
In,
Constitutions in OECD Countries: A Comparative Study : Background Report in the Context of Chile’s Constitutional Process.
Organisation for Economic and Co-operative and Development, .
(doi:10.1787/ccb3ca1b-en).
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Abstract
This chapter examines the constitutional inclusion of economic, social and new types of emerging rights, drawing from experience in OECD countries. After briefly outlining their prevalence in contemporary constitutions, the first sections present the debates regarding the advisability of their constitutionalisation, the “strength” they ought to be accorded, and the impact of differences between constitutional ideals and reality. It discusses particular economic, social, cultural, and new rights, including health, education, employment, environmental, privacy and digital rights, making reference to existing patterns of entrenchment. Issues pertaining to accessibility and enforcement as well as the potential contribution of human rights commissions are noted. Finally, some cautionary concerns are raised about the specificity of rights language, progressive realisation and deference to the elected branches.
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ccb3ca1b-en
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Published date: 28 February 2022
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Local EPrints ID: 502889
URI: http://eprints.soton.ac.uk/id/eprint/502889
PURE UUID: e09f7d0a-250f-4594-8b57-02a2d09a6ba3
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Date deposited: 11 Jul 2025 16:30
Last modified: 22 Aug 2025 02:41
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Author:
Evan Rosevear
Author:
Sam Bookman
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