Privatisation and Human Rights in the Age of GlobalisationFelipe Gómez Isa Intersentia nv, 2005 - 328 страница The growing influence of globalisation, the marked increase in world trade and the perceived necessity of improving their competitiveness in the world trade arena has led countries to reduce State intervention in the economy in order to allow the free market to operate. The privatisation of State provided services and unctions and of State owned enterprises fits within such a strategy. Debates on the effects of privatisation have been on-going for twenty years. They have mainly focused on the financial benefits of privatisation and on the propriety of transferring State powers to private hands. An analysis of whether privatisation has an effect on the enjoyment of human rights has, however, rarely if at all been carried out. This book attempts such an analysis. Is it possible to assess whether privatisation of certain State services or functions has a positive or negative effect on the enjoyment of human rights? Do international human rights obligations impose conditions on the privatisation of services? Can the State be held accountable for human rights violations caused by privatised service providers? Is a privatised service provider or enterprise accountable directly under human rights law? Do victims have remedies? And finally: is there a need for human rights law itself to change in order to adjust to the new division of responsibilities that the privatisation of human rights sensitive services entails? attempts such an analysis. Is it possible to assess whether privatisation of certain State services or functions has a positive or negative effect on the enjoyment of human rights? Do international human rights obligations impose conditions on the privatisation of services? Can the State be held accountable for human rights violations caused by privatised service providers? Is a privatised service provider or enterprise accountable directly under human rights law? Do victims have remedies? And finally: is there a need for human rights law itself to change in order to adjust to the new division of responsibilities that the privatisation of human rights sensitive services entails? |
Садржај
PREFACE | 1 |
Economic globalisation | 7 |
Consequences of the current process of globalisation | 13 |
Conclusions | 15 |
The necessary globalisation of human rights | 27 |
HUMAN RIGHTS AND THE PRIVATISATION OF PUBLIC | 33 |
Access to services in Britain | 50 |
A VIOLATION | 57 |
Some successful challenges of market oriented reforms | 195 |
Brief conclusions | 203 |
Privatisation of medical care some oftvoiced concerns | 212 |
A qualified endorsement for privatisation | 225 |
PRIVATISATION OF EDUCATION AND THE RIGHT | 229 |
definition of means | 241 |
Analysis of potential human rights issues | 253 |
PRIVATISATION AND THE RIGHT TO ACCESS TO WATER | 259 |
U S constitutional issues | 63 |
the hidden issue | 88 |
State centric and denationalised aspects of globalisation | 100 |
Conclusion | 125 |
From the right to social security stricto sensu to | 131 |
Conclusion | 172 |
Establishing the accountability of the state and private parties | 267 |
Conclusion | 286 |
Natural resources in the context of privatisation | 299 |
Conclusion | 322 |
Чести термини и фразе
administrative law ANDREW COYLE Argentina Article Awas Tingni Azurix basic benefits charter schools Committee on Economic concerns Constitution contract Convention 102 countries Court Covenant Cultural Rights decision delegation derechos discrimination domestic duty effect ensure example global globalisation guarantee human rights law Ibid implementation indigenous inmates institutions international human rights issue judicial legislation Maastricht Guidelines measures minimum monitoring natural resources neoliberal Ofcom parties pension policies political poverty principle private entities private prisons private sector privatisation privatisation of education problems programs promote Public Services International regulation regulatory Report requires respect responsibility right to education right to health right to social right to water role social and cultural social protection social security social security system standards supra supra n territories tion transnational corporations United United Kingdom University University of Deusto utility services violations water services World Bank