5.4.7.2  Entitlements as Legally-Enforceable Human Rights         

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The law can be used to enforce any of a wide range of rights, as indicated in those Articles of the Universal Declaration of Human Rights which have a legal aspect. [1]  Even socio-economic rights can be enforced by law and there are several examples of countries where this has been introduced;[2] it is a contentious use of the law, because it begs the question of who is to pay €“ but other judicial decisions also have financial consequences. 

Legal enforceability can be used as a basis for holding authorities to account, for example to ensure that socio-economic rights are not degraded in different parts of a country as a result of the localisation of government.[3]  The enforcement mechanisms could be judicial reviews, injunctions or the use of human rights as a basis for civil actions. 

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[1] Articles 2 €“ 20 of the UDHR (Appendix 1) have a particularly legal aspect: they would be expected to have legal protection in most countries.

[2] There are many examples of cases on the International Network for Economic, Social & Cultural Rights (ESCR) website at http://www.escr-net.org/caselaw/ which contains a database of jurisprudence, cases and other decisions related to Economic, Social and Cultural Rights.  This was available in May 2014.

[3] John Denham, in an article entitled Where next for localism?, described a British Labour Party perspective:

€œThe aim is to move away from a system based on central direction and targets to one where citizens have enforceable rights and means of redress where these are not delivered.€

The article was published in the RSA Journal of Winter 2009, and was available in December 2012 at http://www.thersa.org/fellowship/journal/archive/winter-2009/features/where-next-for-localism.