Reviewing the background debates and the drafting process behind the inclusion of a reasonableness standard in the Optional Protocol, this article argues that the reasonableness review that is contemplated in Article 8(4) must be guided by the right to effective adjudication and remedies for all...

On 10 December 2008, the UN General Assembly adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. This new commentary aims to address the need for scholarly research, reasoned argument, consistent interpretation and creative approaches to...

International human rights law has evolved from a system that considered social and economic rights as non-justiciable, to a more unified approach that recognizes the need for adjudication and remedy when socio-economic rights are violated. This paper is considers what this new paradigm of...

Deficit reduction, social pressures, concerns about quality of life, and the desire for a more creative economy are the backdrop for the provincial and territorial Budgets in 2012-13. Past patterns of support for the cultural sector helped shape each province and territory's treatment of culture...

The Canadian Charter of Rights and Freedoms does not explicitly mention socio-economic rights. However, the language of the Charter – particularly section 7 and section 15 – presents an opportunity to give constitutional protection to economic, social and cultural rights. Though these rights...

While the Canadian Charter of Rights and Freedoms does not mention socio-economic rights explicitly, the language of the Charter – particularly sections 7 and 15 – offers a firm foundation for constitutional protection for economic, social and cultural rights. The author argues that,...