Policies concerned with resource generation, economic growth and welfare - such as taxation, budgets, and health and education policies - have a profound effect on economic, social and cultural (ESC) rights. International and domestic law provides valuable protections of ESC rights that can contribute to public policies and provide a framework for accountability where violations occur. The aim of this module is to give the student an understanding of the protection of ESC rights in and through public policies.
The module begins with a short critique of historical and contemporary developments in debates about the justiciability of ESC rights and the appropriate role of the policy-making arena. The module proceeds to examine the policy-making process in countries with diverse systems of government, and explores how ESC rights can be protected in this context. This is followed by an examination of budgets and ESC rights. From there, the module gives attention to contrasting economic theories that shape public policy, such as neoliberalism, and how they relate to ESC rights. The module then considers specific tools and techniques in policy-making. This includes established priority-setting concepts and tools such as cost-benefit analysis and rationing, and asks what a human rights-based approach to priority-setting looks like. The module also examines impact assessments and other forms of accountability.
The module looks primarily at national policy making processes. However, it also includes a focus on how ESC rights have been protected in the contexts of local government and other local authorities, as well as involvement of the private sector. The module concludes with a focus on globalisation, including the key institutions and actors affecting national and international policy making and how these are addressed within international law.
This course assumes a good understanding of ESC rights and is closely connected to LW906 Foundations of Economic, Social and Cultural Rights, which is a prerequisite for this course. The course outline must be read in conjunction with that of LW906
The module begins with a short critique of historical and contemporary developments in debates about the justiciability of ESC rights and the appropriate role of the policy-making arena. The module proceeds to examine the policy-making process in countries with diverse systems of government, and explores how ESC rights can be protected in this context. This is followed by an examination of budgets and ESC rights. From there, the module gives attention to contrasting economic theories that shape public policy, such as neoliberalism, and how they relate to ESC rights. The module then considers specific tools and techniques in policy-making. This includes established priority-setting concepts and tools such as cost-benefit analysis and rationing, and asks what a human rights-based approach to priority-setting looks like. The module also examines impact assessments and other forms of accountability.
The module looks primarily at national policy making processes. However, it also includes a focus on how ESC rights have been protected in the contexts of local government and other local authorities, as well as involvement of the private sector. The module concludes with a focus on globalisation, including the key institutions and actors affecting national and international policy making and how these are addressed within international law.
This course assumes a good understanding of ESC rights and is closely connected to LW906 Foundations of Economic, Social and Cultural Rights, which is a prerequisite for this course. The course outline must be read in conjunction with that of LW906