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Rights and value : Construing the international covenant on economic, social and cultural rights as civil commons

Rights and value : Construing the international covenant on economic, social and cultural rights as civil commons


Title: Rights and value : Construing the international covenant on economic, social and cultural rights as civil commons
Author: Baruchello, Giorgio   orcid.org/0000-0001-9933-5561
Johnstone, Rachael Lorna
Date: 2011
Language: English
Scope: 35
School: School of Humanities
Series: Studies in Social Justice; 5(1)
ISSN: 1911-4788
DOI: https://doi.org/10.26522/ssj.v5i1.994
Subject: Sameinuðu þjóðirnar; Réttindi; Umhverfismál; United nations; Rights; Environment; Gender Studies; Sociology and Political Science; Law
URI: https://hdl.handle.net/20.500.11815/2997

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Citation:

Baruchello , G & Johnstone , R L 2011 , ' Rights and value : Construing the international covenant on economic, social and cultural rights as civil commons ' , Studies in Social Justice , vol. 5 , no. 1 , pp. 91-125 . https://doi.org/10.26522/ssj.v5i1.994

Abstract:

This article brings together the United Nations' International Covenant on Economic, Social and Cultural Rights (ICESCR) and John McMurtry's theory of value. In this perspective, the ICESCR is construed as a prime example of "civil commons," while McMurtry's theory of value is proposed as a tool of interpretation of the covenant. In particular, McMurtry's theory of value is a hermeneutical device capable of highlighting: (a) what alternative conception of value systemically operates against the fulfilment of the rights enshrined in the ICESCR; (b) the increased relevance of the ICESCR with regard to the current global economic crisis; (c) the parameters to determine the degree to which the rights at issue have been realized. Reflections on environmental implications of both the ICESCR and McMurtry's axiology conclude the article.

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