Children’s Socio-Economic Rights, Democracy And The Courts: Human Rights Law in Perspective: 16

Children’s Socio-Economic Rights, Democracy And The Courts: Human Rights Law in Perspective: 16 book cover

Children’s Socio-Economic Rights, Democracy And The Courts: Human Rights Law in Perspective: 16

Author(s): Aoife Nolan (Author)

  • Publisher: Hart Publishing
  • Publication Date: 15 Sept. 2011
  • Edition: 1st
  • Language: English
  • Print length: 336 pages
  • ISBN-10: 1841137693
  • ISBN-13: 9781841137698

Book Description

This book is concerned with children’s economic and social rights (sometimes referred to simply as children’s social rights). Despite increased academic interest in both children’s rights and socio-economic rights over the last two decades, children’s social and economic rights remain a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such social rights. Aoife Nolan’s book remedies this omission, focussing on the circumstances in which the courts can and should give effect to the social and economic rights of children. The arguments put forward are located within the context of, and develop, long-standing debates in constitutional law, democratic theory and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children’s social and economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice.

The author brings together and addresses a wide range of issues that have never previously been considered together in book form. These include children’s socio-economic rights; children as citizens and their position in relation to democratic decision-making processes; the implications of children and their rights for democratic and constitutional theory; the role of the courts in ensuring the enforcement of children’s rights; and the debates surrounding the litigation and adjudication of social and economic rights. This book thus represents a major original contribution to the existing scholarship in a range of areas including human (and specifically social) rights, legal and political theory and constitutional law.

‘Children’s rights were often thought to be synonymous with economic and social welfare prior to the adoption of the Convention on the Rights of the Child in 1989. Ironically, since that time, remarkably little scholarship has been devoted to the vitally important economic and social rights dimensions of children’s rights. Nolan’s book singlehandedly remedies that neglect and does so in a sophisticated, nuanced and balanced way. It provides a superb account of the pros and cons of judicial activism in promoting these rights.’
Philip Alston, John Norton Pomeroy Professor, NYU Law School

‘Thus far the burgeoning literature on the judicial enforcement of socio-economic rights has failed to engage in a sustained, systemic manner with this topic from the perspective of children and the complexity of their status as citizens within contemporary democracies. This book fills this gap and makes a major contribution to the literature in the three interrelated areas of the judicial review of socio-economic rights claims, children’s rights, and democratic theory. Nolan navigates skilfully through the dense, but rich literature in these areas as well as relevant international and comparative law. In so doing she illuminates both the pitfalls and potential of resorting to courts in a partial response to the multifaceted and deeply entrenched global phenomenon of child poverty.’
Professor Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty.

Winner of the Kevin Boyle Book Prize 2012, awarded by the Irish Association of Law Teachers to a book that is deemed to have made an outstanding contribution to the understanding of law.

Editorial Reviews

Review

Nolan’s book is based on extensive, wide-ranging research and is very skilfully argued. Add to that the novelty of taking a child-centred approach to socio-economic rights and the book looks set to become the ‘go to’ source on the adjudication of children’s socio-economic rights for human rights scholars and practitioners. –LSE Review of Books, Anashri Pillay

…both a welcome and necessary development and stands as a timely contribution to the existing literature.
Nolan’s work would provide a useful insight to researchers with an interest in constitutional law and theory, democratic theory, judicial theory, children’s rights and human rights. Throughout the text, her arguments are accompanied by well-supported examples of litigation from a variety of jurisdictions. The detailed account of litigation included would be of use to practitioners, especially to those from the jurisdictions named within the text (UK, South Africa, India, Argentina, Brazil, Columbia and the USA). Policy-makers and judges would also be well informed by the text. Indeed, it appears the author would hope that the judiciary or policy-makers would benefit from an awareness of the arguments put forward by the book and would be encouraged to be mindful of the benefits of a proactive approach to enforcing children’s socio-economic rights when engaging in their respective functions. –Child and Family Law Quarterly, Volume 25, Number 1, Emma Nottingham

About the Author

Aoife Nolan is Professor of International Human Rights Law at the School of Law, Nottingham University and was previously a Senior Lecturer at Durham Law School.

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