Reconciling privatization with human rights
In: School of Human Rights Research series 49
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In: School of Human Rights Research series 49
In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 46, Heft 2, S. 236-239
ISSN: 0506-7286
In: NILR, Volume LX, Issue 2, 2013, T.M.C. Asser Press, p. 165-204
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In: University of Groningen Faculty of Law Research Paper No. 2015/32
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Working paper
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Working paper
In: Human rights and international law
There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introductionthat sets out the most important challenges for universal access to services - including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances - the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of participation' and accountability', as essential prerequisites for better checks and balances'. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.
In: Human rights and international law
There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introductionthat sets out the most important challenges for universal access to services - including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances - the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of participation' and accountability', as essential prerequisites for better checks and balances'. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.
In: Hesselman, Hallo de Wolf, Toebes (eds) Socio-Economic Human Rights in Essential Public Services Provision, 299-327, Routlegde, Abingdon 2017
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In: Dyah Kusumawati , E , Hallo de Wolf , A & Brus , M 2018 , ' Access to Public Housing for Outsiders : a Practice of Indirect Discrimination in Decentralised Indonesia ' , Asia Pacific Journal on Human Rights and the Law , vol. 19 , no. 2 , 5 , pp. 238-267 . https://doi.org/10.1163/15718158-01902005 ; ISSN:1571-8158
While the decentralised system adhered to by Indonesia has allowed the central government to delegate its affairs to local governments and has brought benefits for democracy, several issues are open for improvement. One of the areas allocated to local governments is housing and settlements. There are indications that in some cases the local governments fail to provide access to public housing for outsiders, who are also vulnerable to eviction and resettlement. This article discusses legal regulations and examples of housing policy at the national level. Moreover, it assesses general practices of four Indonesian local governments: Jakarta, Surabaya, Jogjakarta and Surakarta, concerning access to public housing for outsiders. The article investigates whether the four Indonesian local governments unintentionally facilitate indirect discrimination or legally limit the right to housing for the purpose of promoting the general welfare. The analysis is based on the prohibition of indirect discrimination related to the right to housing in the International Covenant on Economic, Social and Cultural Rights (icescr), General Comments and Concluding Observations.
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In: in: Human Rights and International Law Series (Routledge, Abingdon 2017)
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In: Hesselman, Hallo de Wolf, Toebes, 'Socio-Economic Human Rights in Essential Public Services Provision', 1-19, Routledge, Abingdon 2017
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The Optional Protocol to the United Nations Convention Against Torture was adopted in 2002 and provides for the establishment of national preventive mechanisms to stop torture from happening. This book sets out the powers of these mechanisms, their role within the larger international framework against torture, and suggests best practices.