Socio-Economic rights are widely recognized and protected both at national and supranational level. However the effectiveness of such recognition is still debated. The panel aims to address the current challenges in socio-economic rights protection in different countries. Karen Kong‘s paper analyses the Hong Kong‘s jurisprudential development in adjudicating social rights, looking also at the dynamics...
Judicial Protection of Social Rights in Hong Kong
The recognition of socio-economic rights in constitutions, legislation and policies, and the recent growth in jurisprudence in SER in different countries, is partly due to the rising interests in adopting a right-based approach to socio-economic issues and the increased demands in equality in government allocative decision making. This trend can also be seen in Hong...
Protecting social rights in an interconstitutional context: a southern European view
The economic crisis of the last decade has had well-known detrimental effects on fundamental rights in the EU, in particular on social rights and especially in the south of Europe. The issue of social rights protection during the crisis was a clear case of multi-level constitutionalism (or inter constitutionality, the preferred term in Portuguese). The...
Reluctant Reviewers: Judicial Responses to Social and Economic Rights in Indonesia and the Philippines
A. Sen has argued that the law lacks proper purchase on economic and social rights because these rights impose “imperfect“ obligations, involving complex decisions about standards and resources. Courts have tended to agree and traditionally been wary of enforcing these rights. However, courts in some developing countries jettisoned this tradition. The Indian and South African...
Social Rights Adjudication in Time of Economic Crisis and Institutional Interdependence
We are witnessing a deep transformation of our constitutional systems: the uncontestable crisis of the social democratic states goes hand in hand with the affirmation of a new global, supranational, transnational, multilevel constitutional order characterized, on one side, by a growing interdependence among national states and on the other side by the shift of authoritative...