Book Review: Research Handbook on Economic, Social and Cultural Rights as Human Rights, Dugard J, Porter B, Ikawa D and Chenwi L (eds)
| Author | Effrosyni Bakirtzi |
| DOI | 10.1177/13882627211007501 |
| Published date | 01 June 2021 |
| Date | 01 June 2021 |
| Subject Matter | Book Reviews |
Dugard J, Porter B, Ikawa D and ChenwiL (eds), Research Handbook on Economic, Socialand Cultural
Rights as Human Rights. Cheltenham: EdwardElgar Publishing, 422 pages, 2020,ISBN 978-1-78897-416-5.
Reviewed by: Effrosyni Bakirtzi , Fulda Universit y of Applied Scienc es, Germany
DOI: 10.1177/13882627211007501
Socio-economic inequality within many countries is rising worldwide, and it seems that prevailing
human rights paradigms have failed to resolve the most pressing human rights issues. This failure
can be observed in many areas, not least the COVID-19 pandemic. The limits of government
regimes were made visible by their neglect of core human rights obligations and, in some cases, the
failure to establish and maintain the necessary public institutions for effective collective responses.
However, this failureof dominant human rights paradigms does not equate to a failure of human
rights in general. This is adequately demonstrated in the reviewed edited volume, which serves as a
reference work offering a broad overview of research in the field of economic, social, and cultural
rights (hereafter ESCR). Despite its breadth, the book is well-structured, clearly delineated, and
appropriatelydetailed. The book gives the greater picture of the state-of-the-art inthis field based on
a clear and not-too-extensiveanalysis of the law. At the same time,each chapter of the editedvolume
informs the reader about the currentdebates and critically raisesthe most challenging issues thatstill
need to be addressed. The extent of the sources used varies across chapters. References to literature
tend to be non-exhaustive, whereas the analysis of case law is more expansive in somechapters (for
example, in the chapter regarding the Inter-American System or the chapter on the right to food).
The legal framework for ESCR is not examined in a uniform way. The authors systemise the
strategies and approaches pursued so far, at different levels (international and regional) and in view
of each specific ESCR (in particular, the right to social security, the right to education, the right to
food, the right to health, the right to adequate housing, the human rights to water and sanitation, the
right to work, and rights at work). The structure of the book confirms this systemisation, with the
first part including framing chap ters that cover relevant ESCR str uctures and mechanisms in
international and regional spheres, while the second part focuses on specific rights with references
to scholarship and jurisprudence from different systems. The last part of the book examines cross-
cutting issues that concentrate primarily on the domestic context.
Apart from contextualising the issues raised in each chapter, some chapters present thought-
provoking future perspectives. For instance, the chapter on the right to food argues that this right is
a fundamental component of the right to a dignified life and a crucial precondition for the realisa-
tion of a host of other civil and political rights (hereafter CPR) and ESCR. However, there are
numerous factors limiting the development of measures for its effective implementation, such as
socio-economic inequalities and climate change. It is thoroughly analysed how the human right to
food is linked with the concept of ‘‘food sovereignty’’ and interdependent with the rights to land,
work, and social security. The right to food is further examined in the context of feminist critiques
of food systems, food sovereignty movements, the promotion and protection of the rights of
indigenous people and peasants, and the creation of corporate accountability frameworks.
Another example is the approach taken in the chapter on the interdependence of human rights,
where the author brings to our attention the existence of a neglected and unchartered territory
between ESCR and CPR, which may marginalise the claimants in a two-way conversation between
courts and legislators. Evidence from international and regional experiences shows that ESCR
advocacy and adjudication can be transformed by engaging civil and political claims. The focus
should be on the claimant’s circumstances and entitlements reclaiming equality through
Book Reviews 181
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