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The Road to a Remedy: Current Issues in the Litigation of Economic, Social and Cultural Rights

Edited by John Squires (AHRC) and Malcolm Langford and Bret Thiele (COHRE).

Published by the Australian Human Rights Centre

Distributed by UNSW Press

RRP $29.95

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While case law in a number of jurisdictions has dispelled many mythologies surrounding the justiciability of economic, social and cultural rights, much work remains to be done in investigating how courts should address some of the more complex issues that typically arise in such litigation.

The Road to a Remedy draws together scholars and practitioners in a cross-national exploration of current litigation issues such as positive obligations of states, the crafting of remedial orders, housing rights and litigation against non-state actors and the theoretical foundations for this emerging litigation practice.

CONTENTS:

1. Malcolm Langford and Bret Thiele
Introduction: The Road to a Remedy

I. Assessment of Progress

2. Martin Scheinin
Justiciability and the Indivisibility of Human Rights

3. Matthew Craven
Assessment of the Progress on Adjudication of Economic, Social and Cultural Rights

4. Bruce Porter
The Crisis of Economic, Social and Cultural Rights and Strategies for Addressing It

II. Positive Obligations

5. Sandra Liebenberg
Enforcing Positive Socio-Economic Rights Claims:
The South African Model of Reasonableness Review

6. Malcolm Langford
Judging Resource Availability

III. Remedies

7. Kent Roach
Crafting Remedies for Violations of Economic, Social and Cultural Rights

8. Geoff Budlender
The Right to Alternative Accommodation in Forced Evictions

9. Carolina Fairstein
Positive Remedies: The Argentinean Experience

IV. Comparative Experiences

10. Opiata Odindo
Litigation and Housing Rights in Kenya

11. Victor Abramovich
Fostering Dialogue: The Role of the Judiciary and Litigation

12. Colin Gonsalves
Reflections on the Indian Experience

V. Suing Non-State Actors

13. Richard Meeran
Multinational Litigation as a Weapon in Protecting Economic and Social Rights

14. Bret Thiele and Mayra Gomez
Suing the World Bank: The Chixoy Dam Case

Report

15. Aoife Nolan
A Report of Discussions and Outcomes at the Economic, Social and Cultural Rights Litigation Strategy Workshop Céligny, Switzerland, 16-18 November
2003

The Road to a Remedy is generously supported by the Centre on Housing Rights and Evictions (COHRE)

© The Australian Human Rights Centre, Faculty of Law, UNSW SYDNEY 2052, Australia. Telephone +61 (02) 9385-1803 or +61 (02) 9385-3637 Fax +61 (02) 9385-1778 Email ahrc@unsw.edu.au