Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland

The horizontal application of human rights to non-state actors (NSA) is an evolving and contested legal area both comparatively and at the international level. In light of this, the article discusses mechanisms by which NSA who violate constitutional economic and social rights (ESR) may be held directly accountable by ESR-holders. Its central focus is the horizontal application of constitutional ESR protections to private relationships, where neither party has a state/public function or state nexus. The article reviews developments in two domestic constitutional systems, those of Ireland and South Africa, in order to demonstrate and explain the different approaches that have been adopted to the issue of horizontality by both the constitutional drafters and the courts in those jurisdictions. It employs this comparative analysis to explore many of the key normative objections that have traditionally been raised under liberal constitutional theory in relation to the application of human rights obligations—and those imposed by ESR in particular—to NSA. The article concludes with an evaluation of the effectiveness of the Irish and South African legal models and approaches in terms of holding NSA liable for violations of ESR, outlining key lessons that these national experiences have for the direct horizontal application of ESR at the international level

Privatization and economic and social rights

Privatization is an ever more dominant model of economic and social rights (ESR) realization. Contracting out, public-private partnerships, and other approaches by which the private sector takes responsibility for, or supports the state in, delivering ESR-related goods and services are being advanced aggressively at both the national and supranational levels, with international financial institutions playing an especially influential role. Thus far, however, there has been relatively little attention paid to privatization in ESR scholarship and practice, resulting in a significant lacuna from both a normative and an empirical perspective. This gap is perhaps most striking—and worrying—in relation to the work of those international bodies mandated with interpreting and applying the ESR standards under international law. Taking as its starting point the delineation of ESR obligations in terms of the tripartite typology of respect, protect, and fulfill outlined by the United Nations Committee on Economic, Social and Cultural Rights, this article considers how that framework (and the human rights treaty-monitoring bodies which employ it in their work) addresses privatization from an ESR perspective. Highlighting an excessive emphasis on the obligation to protect to the exclusion of other relevant levels of obligation, the author asserts that such an approach is reflective of a failure to conceptualize privatization and the state’s role with regard to such properly—a failure that has very serious implications for the ability of the ESR framework as it stands to capture rights-harming actions in the context of privatization effectively. Arguing for a shift to the obligation to fulfill, the author contends this alternative approach would contribute significantly to the ability of ESR law as it stands to capture—and address—the full scope of state decision-making and (in)action at issue in situations of privatization. The article concludes with observations on recent moves by the Committee which though in the right direction leave much work to be done

'Do no harm'? Exploring the scope of economic and social rights in transitional justice

Increasing numbers of academics and practitioners are employing the language of economic and social rights (ESR) when conceptualizing the aims, scope and implementation mechanisms of transitional justice. Their contributions have added to an evolving debate on the boundaries of transitional justice. However, when employing rights language, the current debate on the economic and social dimensions of transitional justice frequently suffers from terminological and conceptual confusion. Problematically, it is not unusual for the claims made by transitional justice commentators with regard to ESR to be founded on apparent misconceptions about both the legal framework and the existing scholarship relating to ESR. Addressing these misconceptions in terms of four key dichotomies and suggesting the way forward, we prepare the ground for a more effective debate on the desirability and feasibility of incorporating ESR into transitional justice processes. In doing so, we assert that such a debate must be based on an accurate understanding of ESR and the obligations they impose. We conclude by demonstrating how inclusion of ESR considerations in transitional justice does not necessitate rethinking transitional justice as a whole

Pharmaceuticals Delivery in Ireland. Getting a Bigger Bang for the Buck

Ireland

Human rights and the cost-of-living crisis

This column explores the intersection between human rights and the ongoing cost-of-living crisis. It opens with an overview of the crisis before turning to the current global state of affairs’ impact on human rights enjoyment. Having addressed key issues that arise in terms of State obligations and how international human rights law as it stands might be deployed to address them, it focuses on how the crisis constitutes an opportunity to advance new horizons in human rights, particularly those related to energy and the implications of responses to crises for the right to a safe, clean healthy and sustainable environment. The piece makes clear that if they are to remain effective and relevant, human rights, and those responsible for applying and enforcing them, need to engage with the cost-of-living crisis head-on

A first principles investigation of Bi2O3-modified TiO2 for visible light activated photocatalysis: the role of TiO2 crystal form and the Bi3+ stereochemical lone pair

Modification of TiO2 with metal oxide nanoclusters is a novel strategy for the design of new photocatalysts with visible light activity. This paper presents a first principles density functional theory (DFT) analysis of the effect of modifying TiO2 rutile (110) and anatase (101) and (001) surfaces with Bi2O3 nanoclusters on the band gap and the nature of the photoexcited state. We show that band gap modifications over unmodified TiO2 depend on the crystal form: modifying rutile (110) results in new Bi2O3 derived states that shift the valence band upwards. On anatase surfaces, there is little effect due to modification with Bi2O3 nanoclusters, but an enhanced UV activity would be expected. Analysis of electron and hole localisation in a model photoexcited state shows enhanced charge separation in Bi2O3-modified rutile (110) but not in Bi2O3-modified anatase. The effect of the Bi3+ lone-pair on the properties of Bi2O3-modified TiO2 contrasts with SnO-modified TiO2, consistent with the weaker lone pair in Bi2O3 compared with SnO