Title:
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Equality rights, social spending and human development
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Equality rights have the potential to play an important role in realizing
social rights, as well as in preventing and eliminating poverty. All governments
have undertaken legal obligations - both international and domestic - to protect
and promote the rights to equality and nondiscrimination. Yet, our societies are
generally characterized by growing economic and social inequalities that
adversely impact on many dimensions of people's lives, including health, life
expectancy, personal security and political participation, implicating a myriad of
human rights. This thesis examines the relationship between equality and social
rights in the International Bill of Human Rights. It argues that minimum
threshold approaches that focus on basic capabilities or core obligations are
insufficient to fully realize social rights and eliminate multi-dimensional poverty.
Because inequality prevents full enjoyment of social rights, as well as other
human rights, invoking equality rights is a logical step toward realizing these
rights.
Considerable scholarship and jurisprudence addresses status-based
inequalities, however, it generally fails to address economic status. Moreover,
there is little discussion of the right-based equality in the context of social rights.
Drawing on the drafting history and the language of the Universal Declaration of
Human Rights and the two International Covenants, as well as the work of the
United Nations human rights bodies, scholarly commentary and domestic law, the
thesis proposes that the International Bill of Human Rights should be reinterpreted
to encompass the right to nondiscrimination on the basis of economic status as
well as the right to social equality. Examining specific examples of unequal
health care and education systems, it argues that both status-based and rights-
based equality are necessary complements to social rights in the holistic
framework of the International Bill of Human Rights guaranteed under article 28
of the Universal Declaration of Human Rights.
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