Economic Social Cultural Rights

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Calibrating Human Rights and Necessity in a Global Public Health Emergency: Revive the UN OHCHR’s ICESCR Compliance Criteria

COVID-19 has reached every continent, every region, and almost all countries in the world. Most of us are either in quarantine, sheltering in place, in hospitals fighting for lives, in the front lines of depleting health care resources in the developed and developing world, or attempting some semblance of life (e.g. transplanting to remote work, online education, and even virtual forms of worship and simulating social gatherings) as part of the new normal of a global public health emergency under a vaccine-less and antidote-less (as of this writing) COVID-19.  The global strain on State resources is worse felt by the world's most vulnerable - refugees, displaced persons, and homeless persons - all often already in the throes of extreme poverty after surviving armed conflicts, humanitarian crises, natural disasters, and the increasingly vivid and existential impacts of climate change.  There is no aspect of the human condition that will be left untouched or unaffected by the unprecedented impacts…

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Human Rights Regulation in the Tech Sector? The European Court of Justice’s Facebook Decision and California’s AB5 Gig Economy Bill

BigTech may well be the new BigPharma where local, national, or regional human rights-based litigation and human rights-based regulation is concerned.  While the recent exchanges between US presidential candidate Senator Elizabeth Warren and Facebook's Mark Zuckerberg signal a looming antitrust showdown, recent regional judicial and local legislative developments concretely demonstrate the human rights-based trajectory of…

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Is Canada Internationally Responsible for Genocide?

Commissioned by the Canadian government in 2016, the National Inquiry into Missing and Murdered Indigenous Women and Girls delivered its final 1,200-page report last week. The report contains many important recommendations to end endemic levels of violence directed at Indigenous women, but it is also noteworthy at the international level for its conclusion that Canada is internationally…

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Beyond “Good Neighborliness” in the ICJ 1 October 2018 Judgment in Bolivia v. Chile: Do Human Rights and Sustainable Development Obligate Creating Negotiated Access for Landlocked Bolivia to the Pacific Ocean?

On 1 October 2018, the International Court of Justice issued its Judgment on the Merits in Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile), finding, by 12 votes to 3, that Chile "did not undertake a legal obligation to negotiate sovereign access to the Pacific Ocean" for Bolivia and rejecting all other submissions of Bolivia.  While…

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The Revived Debate over Development and Human Rights: Economic Self-Determination, Sovereignty, and Non-Discrimination in State Policies

2017 closed, and 2018 began, with triumphant pronouncements of economic recovery in the United States (e.g. the US economy growing again at its fastest pace at 3.2% GDP growth rate, lowest unemployment rate at 4.1%) and the European Union (e.g. registering its highest GDP growth rate in ten years at 2.2%) - leading the International…

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