Sandra Fredman Fba:Human Rights Transformed: Positive Rights and Positive Duties by Sandra Fredman
- hardcover ISBN: 9780199272761
The Nile on eBay Human Rights Transformed by Sandra Fredman FBA Human rights are traditionally understood as protecting individual freedom against intrusion by the State. This book… More...
The Nile on eBay Human Rights Transformed by Sandra Fredman FBA Human rights are traditionally understood as protecting individual freedom against intrusion by the State. This book argues instead that human rights are based on a richer view of freedom, going beyond absence of coercion and focusing on the ability to exercise freedom. Instead of merely restraining the State, human rights create positive duties. FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Publisher Description Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. In this book, Sandra Fredman argues that this understanding requires radical revision. Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals' ability to exercise their rights. This view fundamentally shifts the focus of human rights. As well asrestraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. This in turn breaks down traditional distinctions between civil and politicalrights and socio-economic rights. Instead, all rights give rise to a range of duties, both negative and positive. However, because positive duties have for so long been regarded as a question of policy or aspiration, little sustained attention has been given to their role in actualising human rights. Drawing on comparative experience from India, South Africa, the European Convention on Human Rights, the European Union, Canada and the UK, this book aims to create a theoretical and appliedframework for understanding positive human rights duties. Part I elaborates the values of freedom, equality, and solidarity underpinning a positive approach to human rights duties,and argues that the dichotomy between democracy and human rights is misplaced. Instead, positive human rights duties should strengthen rather than substitute for democracy, particularly in the face of globalization and privatization. Part II considers justiciability, fashioning a democratic role for the courts based on their potential to stimulate deliberative democracy in the wider environment. Part III applies this framework to key positive duties, particularly substantive equality andpositive duties to provide, traditionally associated with the Welfare State or socio-economic rights. Author Biography Sandra Fredman is Professor of Law at Oxford University and Fellow of Exeter College, Oxford. In 2000, she became the first woman professor in the Oxford law faculty and she was elected a Fellow of the British Academy in 2005. She has also been active in the policy field, including acting as an expert advisor on a range of human rights, equality, and labour law issues in the EU, Northern Ireland, the UK and Canada. She is a barrister, practising as an academicconsultant at Old Square Chambers. Table of Contents IntroductionPart I: Understanding Positive Duties1: Human Rights Values Refashioned: Liberty, Equality, and Solidarity2: The Nature of the State: Democracy, Globalization, and PrivatizationPart II: Judging and Enforcing: Courts and Compliance3: The Structure of Positive Duties4: Justiciability and the Role of Courts5: Restructuring the Courts: Public Interest Litigation in the Indian Courts6: Achieving Compliance: Positive Duties Beyond the CourtsPart III: Substantive Rights and Positive Duties7: Equality8: Socio-Economic Rights and Positive Duties Review `Taken together, this makes for a coherent and evocative account of human rights as essentially empowering and requiring a facilitative State.'Netherlands Quarterly of Human Rights, Vol. 27/3 (2009)`The indisputable merit of Sandra Fredman's book is to present an insightful and highly informative account of the nature and significance of positive State obligations that flow from human rights. The essential message of the book is that the realisation of human rights requires not only that States refrain from taking actions that violate human rights, but also, equally importantly, that States make a range of provisions and in other ways take positiveactions necessary to facilitate the enjoyment of human rights...this makes for a coherent and evocative account of human rights as essentially empowering and requiring a facilitative State.'George Ulrich, EIUC, Italy, Netherlands Quarterly of Human Rights, 27.3 Promotional This book argues instead that human rights are based on a far richer view of freedom, going beyond absence of coercion and focussing on the ability to exercise such freedom. Long Description Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. In this book, Sandra Fredman argues that this understanding requires radical revision. Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals' ability to exercise their rights. This view fundamentally shifts the focus of human rights. As well asrestraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. This in turn breaks down traditional distinctions between civil and politicalrights and socio-economic rights. Instead, all rights give rise to a range of duties, both negative and positive. However, because positive duties have for so long been regarded as a question of policy or aspiration, little sustained attention has been given to their role in actualising human rights. Drawing on comparative experience from India, South Africa, the European Convention on Human Rights, the European Union, Canada and the UK, this book aims to create a theoretical and appliedframework for understanding positive human rights duties. Part I elaborates the values of freedom, equality, and solidarity underpinning a positive approach to human rights duties,and argues that the dichotomy between democracy and human rights is misplaced. Instead, positive human rights duties should strengthen rather than substitute for democracy, particularly in the face of globalization and privatization. Part II considers justiciability, fashioning a democratic role for the courts based on their potential to stimulate deliberative democracy in the wider environment. Part III applies this framework to key positive duties, particularly substantive equality andpositive duties to provide, traditionally associated with the Welfare State or socio-economic rights. Review Text `Taken together, this makes for a coherent and evocative account of human rights as essentially empowering and requiring a facilitative State.'Netherlands Quarterly of Human Rights, Vol. 27/3 (2009)`The indisputable merit of Sandra Fredman's book is to present an insightful and highly informative account of the nature and significance of positive State obligations that flow from human rights. The essential message of the book is that the realisation of human rights requires not only that States refrain from taking actions that violate human rights, but also, equally importantly, that States make a range of provisions and in other ways take positiveactions necessary to facilitate the enjoyment of human rights...this makes for a coherent and evocative account of human rights as essentially empowering and requiring a facilitative State.'George Ulrich, EIUC, Italy, Netherlands Quarterly of Human Rights, 27.3 Review Quote "[The volume] impressively refutes previously raised objections to social rights, develops the field with a truly universal vision and sense of the socio-philosophical aspects of the subject, and thereby achieves something undeniably important for the theoretical foundations of social rights" - Eberhard Eichenhofer, University of Jena "This book is a sustained attempt to refocus the human rights debate and promote a more accurate picture of the field. It succeeds in this aim...Professor Fredman is to be commended for confronting directly a view of human rights that consistently impedes sensible debate...the book encourages innovation, whether through the courts or in the conversations that drive law, policy and practice forward...As work continues to explore how human rights objectives become credibly and effectively embedded within national traditions and contexts (for the overriding purpose of achieving just political, social and legal outcomes), this book is an impressive and welcome contribution which should generate more informed political and legal debate." - Colin Harvey, The Modern Law Review (72)6, 2009 "...a timely and valuable contribution to this growing field...Human Rights Transformed: Positive Rights and Positive Duties addresses difficult questions about courts and human rights with both insight and perception, covering a broad range of comparative experience in doing so. Fredman's book is a substantial contribution to theoretical and legal debates about human rights and social justice. Its subject matter resonates well with topics in law, socio-legal studies, politics and development studies. It is highly recommended." - Cathi Albertyn, Public Law 2010 Feature Moves beyond existing debates about socio-economic and civil and political rights and focuses on the theoretical and practical issues raised by positive dutiesApplies political theory and social policy to illuminate important legal issuesComparative analysis incorporates India, South Africa, Canada, and the UK and the EU and ECHR Details ISBN019927276X Short Title HUMAN RIGHTS TRANSFORMED Language English ISBN-10 019927276X ISBN-13 9780199272761 Media Book Format Hardcover DEWEY 341.48 Year 2008 Imprint Oxford University Press Subtitle Positive Rights and Positive Duties Place of Publication Oxford Country of Publication United Kingdom Illustrations black & white illustrations DOI 10.1604/9780199272761 UK Release Date 2008-03-06 AU, Oxford University Press<
