A Re-examination of Economic, Social and Cultural Rights in a Political Society in the Light of the Principle of Human Dignity

The principal question investigated in this book is what normative justification can be provided for economic, social and cultural rights (ESC rights) guaranteed under international law and how this justification can or should impact the State obligations emerging from these rights. In particular, it seeks to answer whether and in what manner human dignity provides a viable normative justification for ESC rights guaranteed under international law, what kind of concrete legal obligations of the State party flow from these rights, and the way these obligations are reflected in the jurisprudence of international human rights monitoring bodies from across jurisdictions. It also examines the kind of legal obligations the State bears towards vulnerable persons within its jurisdiction. These are questions born out of the current limitations and lack of substantive progress in both the academic debate and practical enforcement of ESC rights. In order to give answers to these questions, this book has adopted two levels of inquiry. First, it discusses the theoretical problems affecting the effective realisation of ESC rights. Secondly, it takes an inductive approach in analysing ESC rights jurisprudence from African, Inter-American, European and UN human rights systems. Thus, having identified the critical limitations of traditional human rights theories, the book introduces the idea of the social conception of human rights, that is, human rights as being rooted in and essentially concerned with the practical and complex social relations and therewith the protection, preservation and promotion of the life and value of human beings. It is argued that human dignity constitutes an underlying moral principle behind the social relations and the normative justification of all human rights. As a normative principle, human dignity entails the State obligation to ensure an unconditional respect for the moral and biological being of humans. In the context of ESC rights, this obligation influences the State's obligation to respect and ensure essential procedural and substantive conditions required to live a dignified human life. The study therefore offers a fresh perspective on the way we should approach the justification, nature and legal implications of ESC rights both generally and in the specific context of vulnerable persons. It is hoped that beyond inspiring further academic discourse on ESC rights the book serves as a useful reference material for courts, human rights monitoring bodies, policy makers and civil societies concerned with the realisation of ESC rights both at the national and international level.

Getahun Alemayehu Mosissa (born in 1982) attended his first Law Degree (LL.B) at the Addis Ababa University (Aug 2006) and his LL.M Degree in International Law and Law of International Organisations with specialization in Human Rights at the University of Groningen and graduated with distinction 'cum laude' (July 2009). He started his PhD research in international human rights law in February 2010. After graduating from his LL.B Degree in August 2006, he joined the academia in September 2006 as Graduate Assistant II (till June 2007), as Assistant Lecturer (till July 2009) and Lecturer (till October 2019) at the Jimma University. In addition to teaching activities, he had also served as the deputy director of the School of Law Legal Aid Centre, as the research and postgraduate studies coordinator, as a chairperson of research and ethical review board, as chairperson of academic staff disciplinary committee, as an editorial member of the Jimma University Journal of Law and as an associate editor of Jimma University Gadaa Journal. While conducting his PhD research at the University of Groningen, he also authored a book chapter on Ensuring the Realization of the Right to Health through the African Union (AU) System in the book edited by Toebes et al (2014) and a book review published on Th e Netherland International Law Review (Vol. 59, 2012). He had also made paper and poster presentations on Legal Research Network Conference (Groningen 2010) and ILA Annual Conference (Hague 2010) respectively. In addition, he had also attended summer courses on Method and Methods in Legal Science at Uppsala University (2010) and Intensive Course on Justiciability of ESC Rights at Abo Academy (2011). Between May 2007 and Aug 2008, he had also served as the Judge of the Jimma Zone High Court in Oromia Regional State combining with his teaching activity at Jimma University. He is now appointed as an Assistant Judge of the Federal Supreme Court of Ethiopia (since August 2019).