In international law we (do not) trust: The persistent rejection of economic and social rights as a manifestation of cynicism

Despite a promising start in the Universal Declaration of Human Rights, economic and social rights still retain a second-class status in most national jurisdictions. What explains this reticence with which economic and social rights are (still) regarded? This chapter analyses how the sceptical gaze through which states view economic and social rights legitimises (or attempts to legitimise) government failures to provide for those members of their populace who are in most desperate need, and (unsuccessfully) masks the self-interest that pervades most of international law. The chapter commences with a brief introduction and subsequently proceeds in three subsequent parts. Section 2 demonstrates that cynicism was used as a sword to pierce the normative foundations of economic and social rights generally, and the International Covenant on Economic, Social and Cultural Rights particularly in the early days both before and after its adoption leading to economic and social rights’ lower status in the human rights family; Section 3 posits that cynicism has been relied upon as a shield to offer errant states a defence for not meeting their obligations under both international and national (constitutional) economic and social rights norms; and finally Section 4 argues that a certain amount of cynicism is inherent in the history of economic and social rights and how they advanced through the ages, but more optimistically that a light at the end of the tunnel exists because contemporary developments point to less rather than more cynicism in the area of economic and social rights in today’s world

A future for referendums in the fifth French Republic?

It may come as a surprise, but there is no French tradition that constitutions have to be adopted by the people, at least not until 1945. Although between 1791 and 1945 France wore out nine, ten, eleven or even more constitutions, depending on how one counts, only four of these were adopted by referendum: the constitutions of 1793, 1795 and 1799, and the acte additionnel of 1815. If one looks at the period after 1945, however, the picture changes and a tradition may be said to have developed, or at least to be developing. Since then all French constitutions have been adopted by referendum: the Constitutional Act for the Provisional Government on 21 October 1945, the constitution of the fourth republic on 13 October 1946 and that of the fi fth republic on 28 September 1958. In view of this sequence, it is hardly conceivable that if ever a sixth French republic sees the light, its constitution will not also be adopted by referendum

Access to care for multiple sclerosis in times of economic crisis in Greece – the hope ii study

Background: While there is currently no cure for multiple sclerosis (MS), treatment with biologic disease-modifying drugs (bDMDs) can reduce the impact of the condition on the lives of patients. In Greece, the regulatory change in the distribution system of bDMDs, limited their administration through the designated pharmacies of the National Organization for Healthcare Services Provision (EOPYY) or the National Health System (ESY) hospitals, thus potentially impacting access to MS treatment. In this context, the aim of this paper was to assess the barriers to bDMDs, by recording MS patients’ experiences. Methods: A survey research was conducted between January and February 2014 in Athens and 5 other major Greek cities with the methods of personal and telephone interview. A structured questionnaire was used to elicit socio-economic and medical information, information related to obstacles in accessing bDMDs and medical treatment, from MS patients that visited EOPYY pharmacies during the study period. Results: During the last year 69% of 179 participants reported that the distribution system of bDMDs has improved. Thirteen percent of participants encountered problems in accessing their medication, and 16.9% of participants in accessing their physician, with the obstacles being more pronounced for non-Athens residents. Frequent obstacles to bDMDs were the distance from EOPYY pharmacies and difficulties in obtaining a diagnosis from an EOPYY/ESY physician, while obstacles to medical care were delays in appointment booking and travel difficulties. Conclusion: Even though the major weaknesses of the distribution system of bDMDs have improved, further amelioration of the system could be achieved through the home delivery of medicines to patients living in remote areas, and through the development of a national MS registry. © 2016 by Kerman University of Medical Sciences

The Court of Justice of the European Union, conflicts of sovereignty and the EMU crisis

International audienceThe aim of this article is to analyse the position of the Court of Justice of the EU with regard to the conflicts of sovereignty that emerged during and in the aftermath of the EMU crisis. The economic and financial crisis increased legal integration and therefore led to more rule of law. This context opened the possibility for plaintiffs to call upon the CJEU. The aim of this article is to analyse the Court rulings on this matter since the beginning of the economic and financial crisis in 2008: does the Court defend supranational sovereignty or does it take national sovereignty concerns into account? To what extent do the Court’s rulings reflect parliamentary and popular sovereignty? Based on a conceptual framework combining a legal and a political science approach, the aim is to analyse which type of sovereignty the Court defends and when

Cynical International Law? Abuse and Circumvention in Public International and European Law

Despite a promising start in the Universal Declaration of Human Rights, economic and social rights still retain a second-class status in most national jurisdictions. What explains this reticence with which economic and social rights are (still) regarded? This chapter analyses how the sceptical gaze through which states view economic and social rights legitimises (or attempts to legitimise) government failures to provide for those members of their populace who are in most desperate need, and (unsuccessfully) masks the self-interest that pervades most of international law. The chapter commences with a brief introduction and subsequently proceeds in three subsequent parts. Section 2 demonstrates that cynicism was used as a sword to pierce the normative foundations of economic and social rights generally, and the International Covenant on Economic, Social and Cultural Rights particularly in the early days both before and after its adoption leading to economic and social rights’ lower status in the human rights family; Section 3 posits that cynicism has been relied upon as a shield to offer errant states a defence for not meeting their obligations under both international and national (constitutional) economic and social rights norms; and finally Section 4 argues that a certain amount of cynicism is inherent in the history of economic and social rights and how they advanced through the ages, but more optimistically that a light at the end of the tunnel exists because contemporary developments point to less rather than more cynicism in the area of economic and social rights in today’s world