国际人权法与贫困:经济、社会和文化权利视角Luke D. Graham(书评)

IF 0.8 3区 社会学 Q3 POLITICAL SCIENCE
Muneeb Khan, Yen-Chiang Chang
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Graham, explores destitution from a human rights-based perspective, specifically focusing on ESCR. The book provides a novel understanding and definition of destitution based on the realization of ESCR, highlighting the nexus between destitution and the denial of these rights. The book applies this definition to a United Kingdom (UK) case study to demonstrate how destitution manifests and provides recommendations for addressing destitution through the realization of these rights. The book comprises six chapters, with each chapter providing an in-depth analysis of different aspects of destitution through the application of a multidisciplinary legal research methodology. Chapter 1 establishes the context by introducing the concept of destitution and highlighting its distinctions from poverty and extreme poverty. The author emphasizes the importance of an ESCR perspective and offers an outline of the book's structure. The chapter examines human rights-based definitions of poverty and extreme poverty, underscoring the absence of a similar definition for destitution. It argues that destitution entails meeting basic needs independently, without relying on charity, and posits that destitution is separate from poverty and extreme poverty. This initial chapter serves as a strong foundation, effectively introducing key concepts and themes, while presenting a fresh definition of destitution within the framework of human rights. The author's meticulous research and insightful analysis contribute to a novel perspective in the realm of human rights. Chapter 2 delves into the foundational concepts that determine the necessary level of rights realization to prevent destitution. The author argues that this level is shaped by three key ideas: firstly, reliance on charitable assistance hinders meeting the destitution threshold; secondly, destitution can arise even if only one component right falls short of the destitution threshold; and finally, the destitution threshold encompasses a universal minimum component while also requiring context-specific determinations. Although the chapter effectively underscores the importance of a human rights-based approach to address destitution, the author could further enhance the discussion by incorporating case studies to illustrate the three key ideas. Chapter 3 intricately explores the destitution threshold framework, meticulously examining each individual component right. Through the application of the destitution threshold to every right, a universally applicable understanding of destitution emerges, rooted in the [End Page 729] minimum core obligation associated with each specific right. The analysis extends beyond the minimum core obligation, delving into the broader normative essence inherent within these rights. This comprehensive exploration establishes a context-specific destitution threshold for each component right, contributing to a human rights-based definition of destitution that extends beyond the mere absence of rights' realization. However, the discussion could have been further enriched by incorporating existing definitions of poverty and extreme poverty within the human rights framework, as well as exploring the theory of tangibility of rights and their link to component rights, ultimately enhancing the resolution of destitution-related issues. Chapter 4 delves into the issue of austerity and its correlation with the escalating destitution in the UK. The profound impact of austerity on social security policies is examined with social security-related factors identified as the primary catalysts for destitution. The author meticulously assesses the transformations in social security policy throughout the past decade and their cumulative consequences, ultimately concluding that austerity in the UK inherently perpetuates destitution. This chapter offers a comprehensive analysis of the repercussions of austerity on destitution in the UK, underscoring the necessity for a human rights-centered approach to social policy. The author's examination and critique of austerity, destitution, and the prioritization of charitable services over...","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"85 5-6","pages":"0"},"PeriodicalIF":0.8000,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective by Luke D. 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The chapter examines human rights-based definitions of poverty and extreme poverty, underscoring the absence of a similar definition for destitution. It argues that destitution entails meeting basic needs independently, without relying on charity, and posits that destitution is separate from poverty and extreme poverty. This initial chapter serves as a strong foundation, effectively introducing key concepts and themes, while presenting a fresh definition of destitution within the framework of human rights. The author's meticulous research and insightful analysis contribute to a novel perspective in the realm of human rights. Chapter 2 delves into the foundational concepts that determine the necessary level of rights realization to prevent destitution. The author argues that this level is shaped by three key ideas: firstly, reliance on charitable assistance hinders meeting the destitution threshold; secondly, destitution can arise even if only one component right falls short of the destitution threshold; and finally, the destitution threshold encompasses a universal minimum component while also requiring context-specific determinations. Although the chapter effectively underscores the importance of a human rights-based approach to address destitution, the author could further enhance the discussion by incorporating case studies to illustrate the three key ideas. Chapter 3 intricately explores the destitution threshold framework, meticulously examining each individual component right. Through the application of the destitution threshold to every right, a universally applicable understanding of destitution emerges, rooted in the [End Page 729] minimum core obligation associated with each specific right. 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引用次数: 0

摘要

《国际人权法与贫困:经济、社会和文化权利的视角》,作者:Luke D. Graham,《国际人权法与贫困:经济、社会和文化权利的视角》(Routledge出版社,2022),ISBN: 9781032074726, 192页。长期以来,贫困问题一直是反贫困倡导者、政策制定者和研究人员关注的问题。虽然对贫困的经历有一般的了解,但对其与剥夺经济、社会和文化权利的关系却缺乏注意。Luke D. Graham撰写的《国际人权法与贫困:经济、社会和文化权利视角》一书从基于人权的角度探讨了贫困问题,特别关注了经济、社会和文化权利。这本书在实现经济、社会和文化权利的基础上提供了对贫困的全新理解和定义,强调了贫困与剥夺这些权利之间的联系。本书将这一定义应用于英国的一个案例研究,以展示贫困是如何体现的,并提供了通过实现这些权利来解决贫困的建议。本书包括六章,每章通过应用多学科法律研究方法对贫困的不同方面进行深入分析。第一章通过介绍贫困的概念并强调其与贫困和极端贫困的区别来建立背景。作者强调了ESCR视角的重要性,并提供了本书结构的大纲。本章审查了基于人权的贫困和极端贫困的定义,强调缺乏对贫困的类似定义。它认为,贫困需要独立满足基本需求,而不依赖慈善,并假设贫困与贫困和极端贫困是分开的。这第一章是一个坚实的基础,有效地介绍了关键概念和主题,同时在人权框架内提出了贫困的新定义。作者细致的研究和深刻的分析为人权领域提供了全新的视角。第二章探讨了确定权利实现的必要水平以防止贫困的基本概念。作者认为,这一水平是由三个关键思想形成的:第一,对慈善援助的依赖阻碍了达到贫困门槛;第二,即使只有一项组成权利达不到贫困门槛,也会产生贫困;最后,贫困门槛包括一个普遍的最低组成部分,同时也需要具体情况的确定。虽然本章有效地强调了以人权为基础的方法解决贫困问题的重要性,但作者可以通过纳入案例研究来进一步加强讨论,以说明三个关键思想。第三章错综复杂地探讨了贫困门槛框架,细致地考察了每个单独的组成部分权利。通过将贫困门槛应用于每一项权利,出现了一种普遍适用的对贫困的理解,这种理解植根于与每一项具体权利相关的最低核心义务。分析超出了最低限度的核心义务,深入探讨了这些权利所固有的更广泛的规范本质。这一全面的探索为每一项组成权利确立了具体情况下的贫困门槛,有助于对贫困进行基于人权的定义,而不仅仅是权利没有实现。但是,如果在人权框架内纳入贫穷和极端贫穷的现有定义,并探讨权利的有形性理论及其与组成部分权利的联系,最终加强解决与贫困有关的问题,讨论本来可以进一步丰富。第四章深入探讨了紧缩问题及其与英国日益加剧的贫困之间的关系。研究了紧缩对社会保障政策的深远影响,并将与社会保障有关的因素确定为贫困的主要催化剂。作者细致地评估了过去十年社会保障政策的转变及其累积后果,最终得出结论:英国的紧缩政策本质上延续了贫困。本章全面分析了紧缩对英国贫困的影响,强调了以人权为中心的社会政策方法的必要性。作者对紧缩、贫困和慈善服务优先于……的审查和批评。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective by Luke D. Graham (review)
Reviewed by: International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective by Luke D. Graham Muneeb Khan (bio) and Yen-Chiang Chang (bio) Luke D. Graham, International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective (Routledge 2022) ISBN: 9781032074726, 192 pages. The issue of destitution has long been a concern for anti-poverty advocates, policy-makers, and researchers. While there is a general understanding of the experience of destitution, there has been a lack of attention given to its relationship with the denial of Economic, Social, and Cultural Rights (ESCR). The book International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective, authored by Luke D. Graham, explores destitution from a human rights-based perspective, specifically focusing on ESCR. The book provides a novel understanding and definition of destitution based on the realization of ESCR, highlighting the nexus between destitution and the denial of these rights. The book applies this definition to a United Kingdom (UK) case study to demonstrate how destitution manifests and provides recommendations for addressing destitution through the realization of these rights. The book comprises six chapters, with each chapter providing an in-depth analysis of different aspects of destitution through the application of a multidisciplinary legal research methodology. Chapter 1 establishes the context by introducing the concept of destitution and highlighting its distinctions from poverty and extreme poverty. The author emphasizes the importance of an ESCR perspective and offers an outline of the book's structure. The chapter examines human rights-based definitions of poverty and extreme poverty, underscoring the absence of a similar definition for destitution. It argues that destitution entails meeting basic needs independently, without relying on charity, and posits that destitution is separate from poverty and extreme poverty. This initial chapter serves as a strong foundation, effectively introducing key concepts and themes, while presenting a fresh definition of destitution within the framework of human rights. The author's meticulous research and insightful analysis contribute to a novel perspective in the realm of human rights. Chapter 2 delves into the foundational concepts that determine the necessary level of rights realization to prevent destitution. The author argues that this level is shaped by three key ideas: firstly, reliance on charitable assistance hinders meeting the destitution threshold; secondly, destitution can arise even if only one component right falls short of the destitution threshold; and finally, the destitution threshold encompasses a universal minimum component while also requiring context-specific determinations. Although the chapter effectively underscores the importance of a human rights-based approach to address destitution, the author could further enhance the discussion by incorporating case studies to illustrate the three key ideas. Chapter 3 intricately explores the destitution threshold framework, meticulously examining each individual component right. Through the application of the destitution threshold to every right, a universally applicable understanding of destitution emerges, rooted in the [End Page 729] minimum core obligation associated with each specific right. The analysis extends beyond the minimum core obligation, delving into the broader normative essence inherent within these rights. This comprehensive exploration establishes a context-specific destitution threshold for each component right, contributing to a human rights-based definition of destitution that extends beyond the mere absence of rights' realization. However, the discussion could have been further enriched by incorporating existing definitions of poverty and extreme poverty within the human rights framework, as well as exploring the theory of tangibility of rights and their link to component rights, ultimately enhancing the resolution of destitution-related issues. Chapter 4 delves into the issue of austerity and its correlation with the escalating destitution in the UK. The profound impact of austerity on social security policies is examined with social security-related factors identified as the primary catalysts for destitution. The author meticulously assesses the transformations in social security policy throughout the past decade and their cumulative consequences, ultimately concluding that austerity in the UK inherently perpetuates destitution. This chapter offers a comprehensive analysis of the repercussions of austerity on destitution in the UK, underscoring the necessity for a human rights-centered approach to social policy. The author's examination and critique of austerity, destitution, and the prioritization of charitable services over...
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来源期刊
CiteScore
1.60
自引率
10.00%
发文量
51
期刊介绍: Now entering its twenty-fifth year, Human Rights Quarterly is widely recognizedas the leader in the field of human rights. Articles written by experts from around the world and from a range of disciplines are edited to be understood by the intelligent reader. The Quarterly provides up-to-date information on important developments within the United Nations and regional human rights organizations, both governmental and non-governmental. It presents current work in human rights research and policy analysis, reviews of related books, and philosophical essays probing the fundamental nature of human rights as defined by the Universal Declaration of Human Rights.
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