'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....
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| Format: | Article |
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Oxford University Press
2014
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| Online Access: | https://eprints.nottingham.ac.uk/35828/ |
| _version_ | 1848795169934016512 |
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| author | Schmid, Evelyne Nolan, Aoife |
| author_facet | Schmid, Evelyne Nolan, Aoife |
| author_sort | Schmid, Evelyne |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | 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. |
| first_indexed | 2025-11-14T19:27:49Z |
| format | Article |
| id | nottingham-35828 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| last_indexed | 2025-11-14T19:27:49Z |
| publishDate | 2014 |
| publisher | Oxford University Press |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-358282020-05-04T16:54:08Z https://eprints.nottingham.ac.uk/35828/ 'Do no harm'? Exploring the scope of economic and social rights in transitional justice Schmid, Evelyne Nolan, Aoife 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. Oxford University Press 2014-09-14 Article PeerReviewed Schmid, Evelyne and Nolan, Aoife (2014) 'Do no harm'? Exploring the scope of economic and social rights in transitional justice. International Journal of Transitional Justice, 8 (3). pp. 362-382. ISSN 1752-7716 Human rights economic and social rights structural violence http://ijtj.oxfordjournals.org/content/8/3/362 doi:10.1093/ijtj/iju015 doi:10.1093/ijtj/iju015 |
| spellingShingle | Human rights economic and social rights structural violence Schmid, Evelyne Nolan, Aoife 'Do no harm'? Exploring the scope of economic and social rights in transitional justice |
| title | 'Do no harm'? Exploring the scope of economic and social rights in transitional justice |
| title_full | 'Do no harm'? Exploring the scope of economic and social rights in transitional justice |
| title_fullStr | 'Do no harm'? Exploring the scope of economic and social rights in transitional justice |
| title_full_unstemmed | 'Do no harm'? Exploring the scope of economic and social rights in transitional justice |
| title_short | 'Do no harm'? Exploring the scope of economic and social rights in transitional justice |
| title_sort | 'do no harm'? exploring the scope of economic and social rights in transitional justice |
| topic | Human rights economic and social rights structural violence |
| url | https://eprints.nottingham.ac.uk/35828/ https://eprints.nottingham.ac.uk/35828/ https://eprints.nottingham.ac.uk/35828/ |