Minimum Core Obligations : Human Rights in the Here and Now

The doctrine of the ‘minimum core’ (MCD) has in recent decades achieved prominence within international human rights law (IHRL) and practice. This enhanced profile is largely attributable to the activities of the United Nation’s Committee on Econom...

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Main Author:	Tasioulas, John
Format:	Working Paper
Language:	English
Published:	World Bank, Washington, DC 2018
Subjects:	HUMAN RIGHTS LEGAL RIGHTS MORAL RIGHTS MINIMUM CORE OBLIGATIONS
Online Access:	http://documents.worldbank.org/curated/en/908171515588413853/Minimum-core-obligations-human-rights-in-the-here-and-now http://hdl.handle.net/10986/29144

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recordtype	oai_dc
spelling	okr-10986-291442021-05-25T09:09:40Z Minimum Core Obligations : Human Rights in the Here and Now Tasioulas, John HUMAN RIGHTS LEGAL RIGHTS MORAL RIGHTS MINIMUM CORE OBLIGATIONS The doctrine of the ‘minimum core’ (MCD) has in recent decades achieved prominence within international human rights law (IHRL) and practice. This enhanced profile is largely attributable to the activities of the United Nation’s Committee on Economic, Social and Cultural Rights (henceforth, ‘the Committee’). As this origin indicates, the MCD has been articulated in relation to the sub-set of human rights, usually denominated as ‘economic, social and cultural rights’, that are set out in the International Covenant on Economic, Social and Cultural Rights (henceforth, ‘the Covenant’). In addition, some regional and domestic legal regimes, notably in Africa and South America, have recognized some version of the MCD in relation to constitutional or legal rights. However, this report will almost exclusively concentrate on the nature and value of the MCD as it has developed within international law and practice. This Report proceeds in the following manner: (i) introduction; (ii) In section 2, an account is offered of the formative point of IHRL in general; (iii) In section 3, the concept of minimum core obligations of human rights is explored, i.e. what it is that marks out such obligations among other human rights standards; (iv) Section 4 contends that the main gist of the MCD is given by interpretation; (v) In section 5, it is argued that interpretation (a), standing alone, offers the best account of the MCD; (vi) Section 6 addresses the difficult question of how to determine the content of such obligations; (vii) Section 7 responds to two major challenges confronting the MCD; and (viii) Finally, Section 8 briefly examines how indicators and benchmarks are statistical tools that can help monitor and enhance compliance with minimum core obligations. 2018-01-11T17:54:23Z 2018-01-11T17:54:23Z 2017-10 Working Paper http://documents.worldbank.org/curated/en/908171515588413853/Minimum-core-obligations-human-rights-in-the-here-and-now http://hdl.handle.net/10986/29144 English CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo World Bank World Bank, Washington, DC Publications & Research :: Working Paper Publications & Research
repository_type	Digital Repository
institution_category	Foreign Institution
institution	Digital Repositories
building	World Bank Open Knowledge Repository
collection	World Bank
language	English
topic	HUMAN RIGHTS LEGAL RIGHTS MORAL RIGHTS MINIMUM CORE OBLIGATIONS
spellingShingle	HUMAN RIGHTS LEGAL RIGHTS MORAL RIGHTS MINIMUM CORE OBLIGATIONS Tasioulas, John Minimum Core Obligations : Human Rights in the Here and Now
description	The doctrine of the ‘minimum core’ (MCD) has in recent decades achieved prominence within international human rights law (IHRL) and practice. This enhanced profile is largely attributable to the activities of the United Nation’s Committee on Economic, Social and Cultural Rights (henceforth, ‘the Committee’). As this origin indicates, the MCD has been articulated in relation to the sub-set of human rights, usually denominated as ‘economic, social and cultural rights’, that are set out in the International Covenant on Economic, Social and Cultural Rights (henceforth, ‘the Covenant’). In addition, some regional and domestic legal regimes, notably in Africa and South America, have recognized some version of the MCD in relation to constitutional or legal rights. However, this report will almost exclusively concentrate on the nature and value of the MCD as it has developed within international law and practice. This Report proceeds in the following manner: (i) introduction; (ii) In section 2, an account is offered of the formative point of IHRL in general; (iii) In section 3, the concept of minimum core obligations of human rights is explored, i.e. what it is that marks out such obligations among other human rights standards; (iv) Section 4 contends that the main gist of the MCD is given by interpretation; (v) In section 5, it is argued that interpretation (a), standing alone, offers the best account of the MCD; (vi) Section 6 addresses the difficult question of how to determine the content of such obligations; (vii) Section 7 responds to two major challenges confronting the MCD; and (viii) Finally, Section 8 briefly examines how indicators and benchmarks are statistical tools that can help monitor and enhance compliance with minimum core obligations.
format	Working Paper
author	Tasioulas, John
author_facet	Tasioulas, John
author_sort	Tasioulas, John
title	Minimum Core Obligations : Human Rights in the Here and Now
title_short	Minimum Core Obligations : Human Rights in the Here and Now
title_full	Minimum Core Obligations : Human Rights in the Here and Now
title_fullStr	Minimum Core Obligations : Human Rights in the Here and Now
title_full_unstemmed	Minimum Core Obligations : Human Rights in the Here and Now
title_sort	minimum core obligations : human rights in the here and now
publisher	World Bank, Washington, DC
publishDate	2018
url	http://documents.worldbank.org/curated/en/908171515588413853/Minimum-core-obligations-human-rights-in-the-here-and-now http://hdl.handle.net/10986/29144
_version_	1764468604662710272

Minimum Core Obligations : Human Rights in the Here and Now

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