Author: Claire-Michelle Smyth | ISBN (PB): 978-1-905536-92-4 |
Format and Price: Paperback Approx €85 | Publication Date: Spring 2017
Social and Economic Rights in Ireland is a new publication that for the first time puts the spotlight on Ireland’s protection and vindication of social and economic rights. This book provides a detailed examination of the domestic position taken by the Irish courts and the State’s international obligations.
Four international treaties are examined: The European Social Charter; The Charter of Fundamental Rights of the European Union; The International Covenant on Economic Social and Cultural Rights and the European Convention on Human Rights. Each of these protect social and economic rights to varying degrees and their force and impact through reporting structures and jurisprudence is considered in order to determine whether the State is complying with its obligations to protect these rights.
The overarching concept that flows through this book is that without the intervention of the courts, without affording legal status to these rights violations will continue. This does not seek to assert that policy and political influence is irrelevant; on the contrary it affirms their importance. However, the courts are a necessary last resort to ensure that policy is implemented and to vindicate the rights of the individual.
Social and Economic Rights in Ireland identifies ways in which the Constitution could be interpreted, with reference to select jurisdictions, to domestically constitutionalise these rights. Further it highlights ways in which the international treaties could be strengthened and postulates how this may potentially impact on domestic protection.
About the Author
Dr Claire-Michelle Smyth has an LL.B (hons) in Irish Law and an LL.M (hons) in International Human Rights Law. In 2015 she graduated with a PhD from Queens University Belfast. She has taught widely in the areas of Private Law, International Law and Human Rights Law in Griffith College Dublin, Dublin City University and Boston University (Dublin Program). She is currently a Senior Lecturer in Law in the University of Brighton.
Includes the following chapters:
- Social and Economic Rights in Ireland
- Theoretical Perspectives on Social and Economic Rights
- Constitutional Protection of Social And Economic Rights In Ireland
- The International Covenant on Economic Social and Cultural Rights
- The European Social Charter
- The European Convention on Human Rights
- The Charter of Fundamental Rights of the European Union
Who Should Buy This Book?
Social and Economic Rights in Ireland will be an invaluable resource for legal academics, students and lawyers, especially in the area of human rights, public law and constitutional law.