Privatisation and Human Rights in the Age of Globalisation

Предња корица
Felipe 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?

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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
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