Newsletter 11 – February 2014





Rory O’Connell, Aoife Nolan, et al, Applying an International Human Rights Framework to State Budget Allocations: Rights and Resources (Routledge, 2014)


Olivier De Schutter (Ed) Economic, Social and Cultural Rights as Human Rights (2013)

A selection of major contributions which have shaped debate in the field of economic, social and cultural rights. Includes contribution by Aoife Nolan.


Helena Alviar García, Karl Klare and Lucy Williams (Eds) Social and Economic Rights in Theory and Practice: A Critical Assessment (Routledge, 2014)

This book has been undertaken as part of the International Social and Economic Rights Project (iSERP) and addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and particular attention to the path-breaking SER jurisprudence now emerging in the “Global South.” Includes separate contributions from Octavio Ferraz and Colm O’Cinneide.


Filip Dorssemont, Klaus Lörcher and Isabelle Schömann, The European Convention on Human Rights and the Employment Relation (Hart,

This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the CJEU, analysing the relevance of the ECHR for the protection of workers’ rights and for the effective enjoyment of civil and political rights in the employment relation. Full details about the book can be found at


Shanelle van der Berg ‘Meaningful Engagement: Proceduralising Socio-economic Rights Further or Infusing Administrative Law with Substance’ (2013) South African Journal on Human Rights


Bernard Ryan and Virginia Mantouvalou: ‘The Labour and Social Rights of Migrants in International Law’ in Rubio-Marín (Ed) Human Rights and Immigration (Oxford, 2014)


Blog Posts

Coverage of the Constitutional Convention discussions on Economic and Social Rights (22 and 23 February 2014) with papers by Aoife Noland and Liam Thornton available on the Human Rights in Ireland blog.



Direct Provision: A Challenge to Law, A Challenge to Rights hosted by UCD Human Rights Network on Friday, 28th February 2014 from 2pm to 4pm in UCD Sutherland School of Law

The seminar will explore the challenge that the direct provision system poses for law, the potential for public interest litigation in this area and the challenge this system presents for an inclusive and rights compliant Irish society.

The Twitter hashtag for this event is #directprovision14.

Speakers include: Senator Jillian van Turnhout, Sue Conlan (CEO, Irish Refugee Council), Kirsty Linkin (Solicitor, Law Centre Northern Ireland) and Dr Liam Thornton (UCD).

For booking and full information on this event, please click here:,197383,en.html


Conference on the Enforcement of Economic, Social and Cultural Rights hosted by Trinity College Dublin on Friday, 9 May 2014. Papers will be delivered by Professor Sandra Liebenberg of the University of Stellenbosch, Professor Aoife Nolan of the University of Nottingham, Dr. Colm Ó Cinnéide of University College London and Dr. Paul O’Connell, SOAS, University of London. For further details, please contact Gerry Whyte at


HIV/AIDS at Work: I.B. v Greece hosted by UCL Institute for Human Rights and Labour Rights Institute on Monday 24 March 2014 at 1 – 2pm, Moot Court, UCL Faculty of Laws

In the first ever case relating to HIV/AIDS discrimination in the workplace, I.B. v. Greece, the European Court of Human Rights held that the dismissal of an HIV-positive worker in response to workforce pressure violated human rights. This seminar will place the case in its broader context of HIV discrimination and stigma in the workplace, the law on equality and discrimination, as well as the protection of labour rights in the European Convention on Human Rights.

Speakers: Colm O’Cinneide (Reader in Law, UCL and Member of the European Committee of Social Rights), Professor Matthew Weait (Professor of Law & Policy, Birckbeck), Professor Robert Wintemute (Professor of Human Rights Law, King’s College London)

Chair: Dr Virginia Mantouvalou (Reader in Human Rights and Labour Law, UCL)


Other UCL events which may be of interest to list members:

27 March 2014

Professor Roberto Gargarella (Universidad Torcuato Di Tella, Argentina and Leverhulme Trust Visiting Professor UCL): The dialogic Model of Constitutionalism and the System of Checks and Balances

Chair: Professor Richard Bellamy (EUI)


20 March 2014

Judge Dean Spielmann (President of the European Court of Human Rights/Honorary Professor UCL): Whither the Margin of Appreciation?

Chair: Lord Neuberger (President of UK Supreme Court)


8 May 2014

Professor Catherine Barnard (Cambridge): The Future of EU Social Policy

Chair: Professor Hugh Collins (Oxford)


25 March 2014

Professor Gillian Morris (Matrix/Honorary Professor UCL): Privacy and Employment: Time for Reform?

Chair: Dr Nicola Countouris (UCL)


4 March 2014

Human Rights Commissioner Nils Muiznieks (Council of Europe): Refugee Protection, Migration and Human Rights in Europe: Notes from the Field

Chair: Dr Virginia Mantouvalou




Latest Edition of ESCR-Justice: Monthly Caselaw Update:


Latest Edition of INTERIGHT’S CommonwealthNet: CommonwealthNet is INTERIGHTS’ free monthly information service on the latest human rights decisions in the Commonwealth and common law jurisdictions, providing a concise round-up of judicial decisions in cases raising significant human rights issues in the common law world, with links given to full-text decisions.




Winterstein v France (App No 27013/07) 17 October 2013 ECtHR

The eviction of travellers was found to be a disproportionate interference with article 8 and, similarly, the failure to properly consider the need for family plots also violated right to family life in article. (French only)

(English summary available at



South Africa

South African Informal Traders Forum and Others v City of Johannesburg (CCT 173/13 and 174/13) 5 December 2013

Appeal by informal traders in Johannesburg, South Africa. Sought interim relief from citywide program that banned their trading activities which meant traders were unable to earn a living until a decision on the lawfulness of the programme was reached. The Constitutional Court heard the appeal on an urgent basis and issued an interim order prohibiting the City of Johannesburg from interfering with informal traders’ right to dignity, which encompassed rights to food and shelter.



Michael Mutinda Mutemi v Permanent Secretary, Ministry of Education and Ors [2013] eKLR, 133/2013 (HCt) 1 November 2013

The Respondents failed to demonstrate concrete policy measures, guidelines and the progress made by the Government towards the realization of economic rights and particularly the right to education. The Government must be seen to take firm steps in achieving the right to education generally.



Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of Australia [2013] HCA 33, 7 August 2013

The prohibition on extracting fish and other seafood for commercial purposes without licence was not considered to be inconsistent with native title rights and interests. Particularly relevant to balancing of environmental concerns, and subsistence and livelihood for indigenous people.



Metro Makers and Developers Limited & Ors v Bangladesh Environmental Lawyers Association & Ors Civil Appeal 256/2009 Supreme Court, 11 July 2013

Court recognised the interrelated nature of environmental concerns and all human rights, especially economic and social rights. Held that development projects planned in flood flow zones did not meet legislative requirements and were unauthorised.



R (On the Application of SG & ORS ) v The Secretary of State for Work and Pensions [2014] EWCA Civ 156 (21 February 2014)

Challenge to legality of the benefit cap (‘bedroom tax’) by 5 disabled failed. Recognised as politically controversial which, although could cause hardship, was deemed to fall within the lawful options available to government and parliament who considered it to strike a fair balance between all members of society.


Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67 30 October 2013

Balancing of the right to healthcare and dignity in deciding what treatment, if any, is in the best interests of a patient who lacks the capacity to decide for him or herself. First case under the Mental Capacity Act 2005 before the Supreme Court.


In the Matter of an Application for Judicial Review by ALJ and A, B and C [2013] NIQB 88 (14 August 2013)

Decision to remove asylum seekers from Northern Ireland to Republic of Ireland was quashed. Particular attention was given to the best interests of the child in UK law and the impact of direct provision in terms of living standards, physical and mental health and access to education.



DEFRA commissioned report on food security in the UK.


Conclusions of the European Committee of Social Rights for 2013

The country by country Conclusions 2013 of the European Committee of Social Rights on the implementation of the European Social Charter are available.


Special Rapporteur on the human right to safe drinking water and sanitation, Catarina de Albuquerque, consultation on developing a handbook to provide practical guidance to States and other stakeholders on how the rights to water and sanitation can be incorporated into law, policy, budgets, and service provision.


Final Report of the Special Rapporteur on adequate housing – Mission to UK



Latest Edition of OHCHR ESCR Bulletin:

The OHCHR ESCR Bulletin provides updates on economic, social and cultural rights for OHCHR staff working in the field and at Headquarters. Issued every two months, this Bulletin aims at sharing news, activities, key events and new resources relevant to economic, social and cultural rights (ESCR).


Latest Edition of ESCR-Net Newsletter:


Latest Edition of Equality and Diversity Forum Newsletter: The EDF Newsletter contains information about new equality and human rights developments, policy and publications, as well as details of forthcoming events and job vacancies.



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