Identifying routes to remedy for violations of economic, social and cultural rights



Boyle K & Hughes E (2018) Identifying routes to remedy for violations of economic, social and cultural rights. The International Journal of Human Rights, 22 (1), pp. 43-69.

This article examines the status of economic, social and cultural (ESC) rights in Scotland and identifies routes to remedy for violations of these rights. ESC rights relate to areas such as housing, education, employment, standard of living and health. Violations of ESC rights impact on the most vulnerable in society. The mapping of rights conducted by the Scottish Human Rights Commission before the publication of the Getting It Right report revealed a legal deficit in the protection of ESC rights in Scotland. The evidence identified that protection mechanisms for socio-economic rights in Scotland are either insufficient or non-existent. This article builds on the evidence by exploring the legal nature of ESC rights: how they are currently protected in Scotland and how they are protected in other jurisdictions. It then examines the concept of a ‘remedy’ in international human rights law and proposes models for the better protection of ESC rights for potential future implementation in Scotland. This includes an examination of the risks and benefits in constitutionalising or legislating for ESC rights. This will be of interest to an international audience in terms of identifying justiciability mechanisms and models of constitutionalisation for ESC rights in different constitutional contexts, including Scotland.

Economic, social and cultural rights; remedy; justiciability; constitutionalisation; enforcement models

The International Journal of Human Rights: Volume 22, Issue 1

FundersEconomic and Social Research Council
Publication date31/12/2018
Publication date online27/10/2017
Date accepted by journal27/10/2017
PublisherInforma UK Limited

People (1)


Professor Katie Boyle
Professor Katie Boyle

Chair of International Human Rights Law, Law