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Synopsis
This book argues instead that human rights are based on a far richer view of freedom, going beyond absence of coercion and focussing on the ability to exercise such freedom.
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About the Author
Sandra Fredman is Professor of Law at Oxford University and Fellow of Exeter College, Oxford. In 2000, she became the first woman professor in the Oxford law faculty and she was elected a Fellow of the British Academy in 2005. She has also been active in the policy field, including acting as an expert advisor on a range of human rights, equality, and labour law issues in the EU, Northern Ireland, the UK and Canada. She is a barrister, practising as an academic consultant at Old Square Chambers.
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Human Rights Transformed: Positive Rights and Positive Duties
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Oxford University Press, 2008
ISBN 10: 019927276X
ISBN 13: 9780199272761
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Human Rights Transformed (Hardcover)
Published by
Oxford University Press, Oxford, 2008
ISBN 10: 019927276X
ISBN 13: 9780199272761
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Hardcover. Condition: new. Hardcover. Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. In this book, Sandra Fredman argues that this understanding requires radical revision. Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals' ability to exercise their rights.This view fundamentally shifts the focus of human rights. As well asrestraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. This in turn breaks down traditional distinctions between civil and politicalrights and socio-economic rights. Instead, all rights give rise to a range of duties, both negative and positive. However, because positive duties have for so long been regarded as a question of policy or aspiration, little sustained attention has been given to their role in actualising human rights. Drawing on comparative experience from India, South Africa, the European Convention on Human Rights, the European Union, Canada and the UK, this book aims to create a theoretical and appliedframework for understanding positive human rights duties.Part I elaborates the values of freedom, equality, and solidarity underpinning a positive approach to human rights duties,and argues that the dichotomy between democracy and human rights is misplaced. Instead, positive human rights duties should strengthen rather than substitute for democracy, particularly in the face of globalization and privatization. Part II considers justiciability, fashioning a democratic role for the courts based on their potential to stimulate deliberative democracy in the wider environment. Part III applies this framework to key positive duties, particularly substantive equality andpositive duties to provide, traditionally associated with the Welfare State or socio-economic rights. Human rights are traditionally understood as protecting individual freedom against intrusion by the State. This book argues instead that human rights are based on a richer view of freedom, going beyond absence of coercion and focusing on the ability to exercise freedom. Instead of merely restraining the State, human rights create positive duties. This item is printed on demand. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability. Seller Inventory # 9780199272761
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Human Rights Transformed: Positive Rights and Positive Duties (eng)
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Human Rights Transformed : Positive Rights and Positive Duties
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Human Rights Transformed
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Human Rights Transformed : Positive Rights and Positive Duties
Published by
Oxford University Press, 2008
ISBN 10: 019927276X
ISBN 13: 9780199272761
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Human Rights Transformed: Positive Rights and Positive Duties
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Human Rights Transformed (Hardcover)
Published by
Oxford University Press, Oxford, 2008
ISBN 10: 019927276X
ISBN 13: 9780199272761
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Hardcover. Condition: new. Hardcover. Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. In this book, Sandra Fredman argues that this understanding requires radical revision. Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals' ability to exercise their rights.This view fundamentally shifts the focus of human rights. As well asrestraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. This in turn breaks down traditional distinctions between civil and politicalrights and socio-economic rights. Instead, all rights give rise to a range of duties, both negative and positive. However, because positive duties have for so long been regarded as a question of policy or aspiration, little sustained attention has been given to their role in actualising human rights. Drawing on comparative experience from India, South Africa, the European Convention on Human Rights, the European Union, Canada and the UK, this book aims to create a theoretical and appliedframework for understanding positive human rights duties.Part I elaborates the values of freedom, equality, and solidarity underpinning a positive approach to human rights duties,and argues that the dichotomy between democracy and human rights is misplaced. Instead, positive human rights duties should strengthen rather than substitute for democracy, particularly in the face of globalization and privatization. Part II considers justiciability, fashioning a democratic role for the courts based on their potential to stimulate deliberative democracy in the wider environment. Part III applies this framework to key positive duties, particularly substantive equality andpositive duties to provide, traditionally associated with the Welfare State or socio-economic rights. Human rights are traditionally understood as protecting individual freedom against intrusion by the State. This book argues instead that human rights are based on a richer view of freedom, going beyond absence of coercion and focusing on the ability to exercise freedom. Instead of merely restraining the State, human rights create positive duties. This item is printed on demand. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9780199272761
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Human Rights Transformed : Positive Rights and Positive Duties
Published by
Oxford University Press, 2008
ISBN 10: 019927276X
ISBN 13: 9780199272761
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