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 dire...
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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/35831/ |
| _version_ | 1848795170880880640 |
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| author | Nolan, Aoife |
| author_facet | Nolan, Aoife |
| author_sort | Nolan, Aoife |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | 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. |
| first_indexed | 2025-11-14T19:27:50Z |
| format | Article |
| id | nottingham-35831 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| last_indexed | 2025-11-14T19:27:50Z |
| publishDate | 2014 |
| publisher | Oxford University Press |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-358312020-05-04T16:46:32Z https://eprints.nottingham.ac.uk/35831/ Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland Nolan, Aoife 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. Oxford University Press 2014-04-17 Article PeerReviewed Nolan, Aoife (2014) Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland. International Journal of Constitutional Law, 12 (1). pp. 61-93. ISSN 1474-2640 http://icon.oxfordjournals.org/content/12/1/61.full doi:10.1093/icon/mot066 doi:10.1093/icon/mot066 |
| spellingShingle | Nolan, Aoife Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland |
| title | Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland |
| title_full | Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland |
| title_fullStr | Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland |
| title_full_unstemmed | Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland |
| title_short | Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland |
| title_sort | holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from south africa and ireland |
| url | https://eprints.nottingham.ac.uk/35831/ https://eprints.nottingham.ac.uk/35831/ https://eprints.nottingham.ac.uk/35831/ |