Why Should it Matter that Others Have More? - Poverty, Inequality and the Potential of International Human Rights Law
Margot E. Salomon
London School of Economics and Political Science - Centre for the Study of Human Rights/Law Department
November 19, 2010
LSE Legal Studies Working Paper No. 15/2010
A concern with ensuring minimum standards of dignity for all and a doctrine based on the need to secure for everyone basic levels of rights have traditionally shaped the way in which international human rights law addresses poverty. Whether this minimalist, non-relational approach befits international law objectives in the area of world poverty begs consideration. This paper offers three justifications as to why global material inequality – and not just poverty – should matter to international human rights law. The paper then situates requirements regarding the improvement of living conditions, a system of equitable distribution in the case of hunger, and in particular obligations of international cooperation, within the post-1945 international effort at people-centred development. The contextual consideration of relevant tenets serves to demonstrate that positive international human rights law can be applied beyond efforts at poverty alleviation to accommodate a doctrine of fair global distribution.
Number of Pages in PDF File: 22
Date posted: December 14, 2010 ; Last revised: January 12, 2011