The range of perspectives in the book is what readers will find appealing; persons who are interested in the social minimum will have an interesting read … a number of intriguing ideas are proposed and discussed, which will hopefully spark inspiration for further research.

- Eddie Bambrough, University of Groningen, European Journal of Social Security

This book addresses a topic that is currently high on the agenda in many fora: how to specify and secure a social minimum. The term ‘social minimum’ has different meanings, depending on the context. These contexts are examined in this book from different perspectives, including law, sociology, philosophy, politics and economics. In the first part, the social minimum is discussed from a conceptual and theoretical point of view. The second part shows the various ways in which the social minimum can be specified and measured. There is a need for new indicators that take into account, for instance, aspects of adequate social participation. As this part shows, the choice of indicators is closely intertwined with political choices. The third part approaches the social minimum from the perspective of legal obligations, addressing the nature of different obligations imposed on individuals and states. The fourth part deals with the question of social minimum in the context of courts, adjudication and justiciability. The role of international treaties and national constitutions – the interpretation of the rights they enshrine and the way these are dealt with by expert committees and courts – is discussed with a view to understanding how the guarantee of a social minimum can be promoted within individual countries. Besides being of interest for academics in fields ranging from legal theory and human rights to the social sciences, the book also serves as an important source for students as well as practitioners interested in the social minimum, and anyone who wants to gain an insight into the current debates on this extremely important issue.
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1. Introduction Ingrid Leijten, Toomas Kotkas and Frans Pennings PART 1 CONCEPTUAL QUESTIONS 2. What is the Relationship between the Minimum Thresholds and Distributive Justice? David Bilchitz 3. An Essential Dimension of the Social Minimum Malcolm Torry 4. A Social Minimum for Whom? Making a Case for a Normative Pattern of Pragmatic Decency Sara Stendahl and Otto Swedrup PART 2 SPECIFYING A SOCIAL MINIMUM 5. The Social Minimum in the Context of Inequality Michael Adler 6. Is there Common Ground for Defining a Decent Social Minimum in Europe? Tim Goedemé, Tess Penne, Otto Swedrup, Karel Van den Bosch and Bérénice Storms 7. Poverty Measurement and Poverty Alleviation between Norm-setting and Empirical Inquiries Eberhard Eichenhofer PART 3 SECURING A SOCIAL MINIMUM: OBLIGATIONS FOR STATES AND INDIVIDUALS 8. Territorial and Extraterritorial Obligations to Ensure a Decent Social Minimum Elena Pribytkova 9. Ending Poverty: Human Rights and Responsibilities David Piachaud 10. The Legal Status of Recipients of Public Assistance Frans Pennings PART 4 SECURING A SOCIAL MINIMUM: THE ROLE OF COURTS AND SUPERVISORY BODIES 11. Giving Legal Substance to the Social Minimum Colm O’Cinneide 12. Legal Strategies and the Question of the Social Minimum: A Systems-Theoretical Approach Toomas Kotkas 13. Social Minima at the UN Treaty Bodies: Minimal Consistency? Ben TC Warwick 14. Potential and Pitfalls of Indivisible Judicial Protection of a Social Minimum: From Inflation to Procedural Protection? Ingrid Leijten 15. Vulnerability as a Path to a ‘Social Minimum’? An Analysis of ECtHR Jurisprudence Dimitrios Kagiaros 16. Constitutionalising a Social Minimum as a Minimum Core Katie Boyle
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The range of perspectives in the book is what readers will find appealing; persons who are interested in the social minimum will have an interesting read … a number of intriguing ideas are proposed and discussed, which will hopefully spark inspiration for further research.
Les mer
This book addresses a topic that is currently high on the agenda in many fora: how to specify and secure a social minimum?
Examines topical question of how to secure a social minimum when addressing poverty
Scholarly reflections on the nature and impact of human rights law. The language of human rights figures prominently in legal and political debates at the national, regional and international levels. In the UK the Human Rights Act 1998 has generated considerable interest in the law of human rights. It will continue to provoke much debate in the legal community and the search for original insights and new materials will intensify. The aim of this series is to provide a forum for scholarly reflection on all aspects of the law of human rights. The series will encourage work which engages with the theoretical, comparative and international dimensions of human rights law. The primary aim is to publish over time books which offer an insight into human rights law in its contextual setting. The objective is to promote an understanding of the nature and impact of human rights law. The series is inclusive, in the sense that all perspectives in legal scholarship are welcome. It will incorporate the work of new and established scholars. Human Rights Law in Perspective is not confined to consideration of the UK. It will strive to reflect comparative, regional and international perspectives. Work which focuses on human rights law in other states will therefore be included in this series. The intention is to offer an inclusive intellectual home for significant scholarly contributions to human rights law.
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Produktdetaljer

ISBN
9781509926022
Publisert
2019-12-26
Utgiver
Vendor
Hart Publishing
Vekt
680 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
352

Biographical note

Toomas Kotkas is Professor of Jurisprudence and Social Law at the University of Eastern Finland. Ingrid Leijten is Assistant Professor at the Department of Constitutional and Administrative Law at Leiden University. Frans Pennings is Professor of Labour and Social Security Law at Utrecht University.