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...
Tag: <span>Tarunabh Khaitan</span>
Distinguishing Freedom of Religion from Religious Non-Discrimination
In this paper, we argue that, while they are often conflated, the right to freedom of religion and the right against religious discrimination are in fact distinct human rights. We identify two facets of religion: religion as viewed from the committed perspective of the adherent and religious group membership as seen from the non-committal/public point...
India‘s Third Constitutional Retrogression
The current retrogressive phase marks the 3rd substantial challenge the Indian Constitution has faced. The first arose in the 1970s, when Indira Gandhi‘s government used the Emergency powers under the Constitution to suspend fundamental rights and sought to entrench its powers through an Amendment. The second threat came in the late 1990s, when Vajpayee‘s government...
Political Insurance for the Poor: Liberal Constitutionalism and Extreme Inequality
Constitutional directives—normative directives addressed to the state found in several constitutions—range from obliging the state to reduce material inequality, secure universal access to education, promote indigenous culture, protect the environment, and so on. On a conservative count, at least 31 constitutions around the world feature ‘directive principles‘ (identified as such). Counts based on the structural...