Socio-Economic Human Rights in Essential Public Services Provision
in: Human Rights and International Law Series (Routledge, Abingdon 2017)
University of Groningen Faculty of Law Research Paper No. 26/2020
Posted: 15 Jun 2020 Last revised: 23 Jun 2021
Date Written: 2017
Abstract
There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity.
This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, while exploring how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and to assess socio-economic legal and policy decisions.
The volume includes contributions from different continents, on a range of different services (health care, water supply, electricity, Internet, emergency services) and engages with the realities of different regulatory settings. After an introduction which gives a definition of the concept of 'essential public services' and sets out the most important challenges for universal access to such services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services specifically. Additionally, there is attention to the role of financial actors, such as the World Bank. In particular, it assesses how the responsibility and accountability of various actors for human rights can be improved.
The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. The conclusion sets out a lists of human rights guideposts for the regulation of better services access, including as based on the AAAQ, the concept of 'universal service', planning and budgetting for services provision, core obligations and the protection of vulnerable groups and non-discrimination. Overall, this volume presents a unique and powerful illustration of how international, regional and national socio-economic human rights law supports improved access to essential public services for all.
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