Human Rights Transformed
Positive Rights and Positive Duties
By (author) Sandra Fredman
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Human Rights Transformed by Sandra Fredman
Book DescriptionHuman 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 as restraining 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 political rights 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 applied framework 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 and positive duties to provide, traditionally associated with the Welfare State or socio-economic rights.
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Book DetailsISBN: 9780199535057
(234mm x 156mm x 15mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 6-Mar-2008
Country of Publication: United Kingdom
Books By Author Sandra Fredman
Discrimination Law, Hardback (May 2011)
A highly readable introduction to equality law and how it has adjusted to new and complex problems. Including an historical overview and comparative analysis, it thematically illuminates and discusses the major issues in discrimination law. This edition incorporates recent changes to the law, most importantly the Equality Act 2010.
Human Rights Transformed, Hardback (March 2008)
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.
Age as an Equality Issue, Hardback (July 2003)
An examination of the ageing process and an analysis of the concept of age equality in terms of employment, education and health.
Discrimination and Human Rights, Paperback (September 2001)» View all books by Sandra Fredman
These essays contribute to the debate of the role of human rights law in combating race discrimination. The book for students, researchers, and policy makers aiming to understand both the race Directive adopted by the EU, and the role of international human rights law, which was the focus of the UN world conference on racism, 2001.
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Author Biography - Sandra Fredman
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 academic consultant at Old Square Chambers.
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