Closing the Rights Gap: From Human Rights to Social Transformation
Language: English
Pages: 392
ISBN: 0520283090
Format: PDF / Kindle (mobi) / ePub
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precedent, monetary awards, and/or injunctive relief (Stryker 2007). Targets of litigation, however, are substantially more resistant to substantive (as opposed to formal and procedural) interpretations of all rights (Pedriana and Stryker 2012). This draws attention to the fact that judicialization can lose its edge when courts become a complete substitute for broader political and social struggles, resulting in less aggressive law enforcement and a greater likelihood of symbolic rather than
favorable judicial precedent. H25. As available legal and financial resources for rights litigation increase, the likelihood of plaintiff wins in rights litigation increases. While immediate relief for individual rights violations may come through settlement and without generalization beyond the parties to the litigation, cases that produce judicial precedent favorable to rights have the possibility—though not the certainty—of more generalized impact to similarly situated nonlitigants. This
informational approaches, which typically highlight the facts and figures about the ESR conditions in the member states under scrutiny. Member states on the Human Rights Council and the Council on Economic, Social and Cultural Rights can publicize a member state’s progress (or lack of progress). Finally, they may also use symbolic approaches in their discussions by using language that conveys emotions such as “disappointment” or “congratulations” when other states have made less or more progress
as including rights to a livelihood, a better standard of living, hygienic conditions in the workplace, and leisure. Thirdly, the public-trust doctrine that has been used to protect and preserve public land was extended to all natural resources in the M. C. Mehta v. Kamal Nath case, discussed above. CASES FROM BANGLADESH As in India, the Constitution of Bangladesh does not embody a right to environment. Unlike India, it does not refer to the environment in its directive principles. However,
public with an almost unfettered right to bring environmentally-related grievances to the superior and subordinate courts. Prior to Shehla Zia, and particularly because of the lack of environment-specific provisions in the Constitution, procedural hurdles of “standing to sue,” and the constitutional requirement of being an “aggrieved person,” provided insurmountable hurdles to even the most valid causes of action. Hopefully, Shehla Zia has irrevocably changed all of this. Within a constitutional