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Full-Text Articles in Law
"New" Human Rights : U.S. Ambivalence Toward The International Economic And Social Rights Framework, Hope Lewis
"New" Human Rights : U.S. Ambivalence Toward The International Economic And Social Rights Framework, Hope Lewis
Hope Lewis
Economic and social rights (including rights to food, adequate housing, public education, the highest attainable standard of physical and mental health, fair wages, decent labor conditions, and social security) still occupy a second-class, outsider status in official United States domestic and foreign policy. This is no accident. The full recognition and implementation of such rights pose a direct threat. But that threat is not primarily to democracy or American values as some believe. Rather, because they demonstrate our system's failures to achieve equality, they threaten the deeply held belief that our country has already achieved a truly representative, human rights-based …
Protecting Economic, Social And Cultural Rights, Connie De La Vega
Protecting Economic, Social And Cultural Rights, Connie De La Vega
Connie de la Vega
This article reviews the international human rights standards relevant to protecting and promoting economic, social, and cultural rights in the United States, focusing particularly on those norms that would assist advocates of welfare and education rights. It discusses three ways in which these norms can be used in litigation before federal and state courts in the United States and argues that, in order to make more effective use of these standards, parties should raise the standards themselves, and not rely solely on amici curiae briefs or on courts' raising the standards sua sponte. This article also asserts that civil rights …