Human Rights Law Review - Advance Access

Limitations to and Derogations from Economic, Social and Cultural Rights

Muller, A. — Wed, 18 Nov 2009 07:10:34 PST

This article explores the question of limitations to and derogations from economic, social and cultural rights. With regard to limitations, it analyses Article 4 of the International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR) (limitations) and its relationship to Article 2(1) of the ICESCR (progressive realisation). It argues that the criteria of Article 4 should be applied as a uniform standard to evaluate all limitations of economic, social and cultural rights, regardless of the reasons for which these limitations are made. This is against the background of the approach of the Committee on Economic, Social and Cultural Rights, which draws a distinction between retrogressive measures states may take when they face resource constraints under Article 2(1) on the one hand; and limitations for other reasons under Article 4 on the other hand. With regard to derogations, the question is discussed whether states are permitted to derogate from the ICESCR despite the fact that the ICESCR does not contain a derogation clause. A tendency can be observed in the states’ and the CESCR’s approach to allow for derogations from the ICESCR’s labour rights, but to exclude derogations from other ESC rights, in particular from minimum core obligations under these rights.

Accommodating Muslims in Europe: From Adopting Sharia Law to Religiously Based Opt Outs from Generally Applicable Laws

McGoldrick, D. — Thu, 12 Nov 2009 06:07:01 PST

This article considers the possibilities for accommodating the growing numbers of Muslims in Europe. Sections 2–5 examine the compatibility of the adoption of Islamic Law or an Islamic Law system with the European Convention on Human Rights. In particular, section 4 critiques the judgment of the European Court of Human Rights in the Refah Case. Section 6 considers whether Muslims could be accommodated by the adoption of particular rules of sharia law. Section 7 examines whether some adoption of sharia law could be achieved by allowing more exemptions or opt outs for Muslims from generally applicable laws. Section 8 addresses the possibilities for using sharia law in alternative dispute resolution. Section 9 submits that a more positive and constructive accommodation strategy might be based on close examination of the scope of protection provided to Muslims by the Convention. Finally, Section 10 asks whether the future will be one of a more identifiable category of European Muslims.

Ian Leigh and Roger Masterman, Making Rights Real: The Human Rights Act in its First Decade

Townsend, J. — Tue, 10 Nov 2009 04:34:53 PST

Michelle Foster, International Refugee Law and Socio-Economic Rights: Refuge from Deprivation

Harvey, C. — Mon, 09 Nov 2009 02:01:06 PST

Developing Human Rights Principles in Cases of Gender-based Violence: Opuz v Turkey in the European Court of Human Rights

Londono, P. — Tue, 13 Oct 2009 05:17:38 PDT

Crisis Measures of Institutional Reform for the European Court of Human Rights

Mowbray, A. — Mon, 12 Oct 2009 00:39:45 PDT

Books Received

Thu, 08 Oct 2009 07:32:26 PDT

Neil Rees, Katherine Lindsay and Simon Rice, Australian Anti-Discrimination Law: Text, Cases and Materials

Monaghan QC, K. — Mon, 21 Sep 2009 06:42:11 PDT