Addressing Economic and Social Rights Violations by Non-State Actors Through the Role of the State: A Comparison of Regional Approaches to the 'Obligation to Protect'

Posted: 22 Jun 2009

See all articles by Aoife Nolan

Aoife Nolan

University of Nottingham - School of Law

Date Written: 2009

Abstract

This article centres on the state's obligation to ensure that third party non-state actors do not interfere with the enjoyment of economic and social rights (ESR) by rights-holders. In it, the author analyses and compares the different ways in which regional bodies deal with the obligation to protect ESR, seeking to account for the variety in their approaches. Amongst other things, the article highlights the way in which the regional bodies in question have referred to, and relied on, the jurisprudence of other international and regional human rights entities in fleshing out the state's obligation to protect ESR under their own legal frameworks. While focusing on the obligation to protect ESR in particular, the author's findings cast light more generally on the interpretation and application of ESR by the regional human rights bodies under consideration.

Suggested Citation

Nolan, Aoife, Addressing Economic and Social Rights Violations by Non-State Actors Through the Role of the State: A Comparison of Regional Approaches to the 'Obligation to Protect' (2009). Human Rights Law Review, Vol. 9, Issue 2, pp. 225-255, 2009. Available at SSRN: https://ssrn.com/abstract=1422441 or http://dx.doi.org/ngp007

Aoife Nolan (Contact Author)

University of Nottingham - School of Law ( email )

University Park
Nottingham, NG8 1BB
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Abstract Views
389
PlumX Metrics