Social and Economic Rights in Ireland

Social and Economic Rights in Ireland is a new publication that, for the first time, puts the spotlight on Ireland's protection and vindication of social and economic rights. This book provides a detailed examination of the domestic position taken by the Irish courts and the State's international obligations. Four international treaties are examined: the European Social Charter; the Charter of Fundamental Rights of the European Union; the International Covenant on Economic Social and Cultural Rights; and the European Convention on Human Rights. Each of these protect social and economic rights to varying degrees; their force and impact through reporting structures and jurisprudence is considered in order to determine whether the State is complying with its obligations to protect these rights. The overarching concept that flows through this book is that without the intervention of the courts, these rights violations will continue. This does not mean that policy and political influence is irrelevant; on the contrary, it affirms their importance. However, the courts are a necessary last resort to ensure that policy is implemented and to vindicate the rights of the individual.
Social and Economic Rights in Ireland identifies ways in which the Constitution could be interpreted, with reference to select jurisdictions, to domestically constitutionalize these rights. Further, it highlights ways in which the international treaties could be strengthened, and it postulates how this may potentially impact domestic protection. [Subject: Irish Law, International Law, Constitutional Law]