Do “human rights”—as embodied in constitutions, nationwide legislation, and overseas agreements—foster advancements within the lives of the negative or in a different way marginalized populations? whilst, the place, how, and lower than what stipulations? final the Rights hole: From Human Rights to Social Transformation systematically compares quite a number case stories from all over the world for you to make clear the stipulations below which—and associations via which—economic, social, and cultural rights are gradually discovered in perform. It concludes with testable hypotheses concerning how major transformative switch could ensue, in addition to an schedule for destiny study to facilitate rights attention around the world.
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Additional resources for Closing the Rights Gap: From Human Rights to Social Transformation
In this way, we can craft limited and conditional explanations for how, when, and what type of social transformation may occur as a function of human rights norms. 1 Informational approaches are geared toward providing facts and data to strengthen arguments for change, while symbolic approaches use discursive framing and symbolism to inspire people to support a particular position. Power-based approaches involve mobilizing strong actors to pressure others to respect, protect, or fulfill human rights.
States also must commit to universal and equitable delivery, and provide mechanisms of redress. Obligations are democrati- Introduction 9 cally operationalized as mechanisms designed to achieve them, while the movement from setting norms to realizing rights is seen as a process mediated by these mechanisms (rather than simply an outcome). The difference between a right and a guarantee, then, is that a right “has an abstract and ethical content,” while a guarantee “complements this abstract content with specific mechanisms that governments can put into place to realize a right” (World Bank 2007, 6–7).
While the Nelson and Hertel-Randolph chapters give more specificity to the actors and mechanisms involved in human rights struggles, Klug’s chapter, “Achieving Rights to Land, Water, and Health in Post-Apartheid South Africa,” specifies how rights-specific historical legacies, legal contexts, and material realities shaped the differential success of implementation in these three policy domains guaranteed by the South African constitution. The Klug chapter nicely complements Gauri and Brinks (in part 2), also emphasizing that the success of law pertaining to ESCR depends profoundly on economic and political context, but going further to elucidate the “multilayered strategy of appeals to government, public mobilization, and diverse legal strategies” that characterize ESCR struggles.