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《SECURING DIGNITY AND FREEDOM THROUGH HUMAN RIGHTS》_JANELLE M.DILLER_40690430_90

【书名】:《SECURING DIGNITY AND FREEDOM THROUGH HUMAN RIGHTS》
【作者】:JANELLE M.DILLER
【出版社】:MARTINUS NIJHOFF PUBLISHERS
【时间】:2012
【页数】:232
【ISBN】:9004209398
【SS码】:40690430

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内容简介

Ⅰ. Introduction

Ⅱ. Legal Context

A. Article 22 in Relation to the United Nations Charter

1. Conceptual Linkages: Human Rights, Development and Peace

2. Operational Linkages: International Co-operation for Progress and Human Rights

3. Concluding Remarks

B. Role of Article 22 within the Text of the Declaration

1. Rights, Dignity, and Development as a Person

2. "Everyone": Universality and Non-Discrimination

3. Action to Implement ESC Rights by the State and by Non-State Actors

4. Concluding Remarks

Ⅲ. Textual Elements and Drafting Origins of Article 22

A. The Drafting Process Leading Up to the Declaration

B. The Idea of an Umbrella Article on Implementation of ESC Rights

C. Ordinary Meaning, Context, and Drafting History of the Articles Components

1. "Everyone, as a member of society"

2. "the right to social security"

3. "entitled to ... the economic, social and cultural rights indispensable for his dignity and the free development of his personality"

4. "realization, through national effort and international co-operation and in accordance with organization and resources"

Ⅳ. Understanding the Entitlement to Security through ESC Rights

A. "... the right to social security"

1. Legal Nature of the "right to social security" as a Claim to Social Justice

2. The Role of ESC Rights in Achieving Social Justice, Peace, and Development

3. Linkages with Social Justice Theory

B. "Everyone, as a member of society"

1. Universality

2. Equality and Non-Discrimination

3. Participation

4. Solidarity

C. ESC Rights "indispensable" for "dignity and free development of... personality"

1. Dignity and Free Development of the Personality

2. Indispensable ESC Rights

Ⅴ. Realizing the Entitlement through National Effort and International Co-operation

A. "entitled to realization"

1. Scope of the Duty to Realize the Entitlement

2. Types of Duties to Realize ESC Rights

B. "through national effort and international co-operation"

1. National Effort to Realize the Entitlement

2. International Co-operation to Realize the Entitlement

C. "in accordance with the organization and resources of each State"

1. Organization of Each State

2. Resources of Each State

Ⅵ. Conclusions

A. Security for Human Dignity and Freedom through ESC Rights

1. Social Justice and "the right to social security"

2. "realization ... of the economic, social and cultural rights indispensable for his dignity and the free development of his personality"

3. Applying an Indispensable Rights Approach

B. Everyone as a Member of Society: Shared Responsibility

1. UN Charter Pledge and Beyond

2. Complementing State Action: Implications of Shared Responsibility

C. Claiming the Entitlement to ESC Rights

1. Defining the Entitlement: Duties and Typologies

2. Measuring Progress to Realize ESC Rights

D. National Effort and International Co-operation: Emerging Frameworks

1. National Effort

2. International Co-operation

3. Co-operation Frameworks under Construction

E. Enhancing Accountability for Conduct Affecting ESC Rights

1. Ensuring Respect for ESC Rights in Multilateral Economic and Financial Co-operation

2. Protecting against Third-Party Violations of ESC Rights in International Co-operation

F. Beyond Development: Human Rights as a Compass for Social Justice

Index


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