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Training Materials on Access to Justice for Migrants - Module III: Access to Justice for Economic, Social and Cultural Rights

Date of creation
Name of project
FAIR PLUS Project (Fostering Access to Immigrants’ Rights – Practical training for Lawyers and JUdgeS)
EU or national law
EU law
Practice area
Administrative mattersEU lawFundamental rightsHuman rightsImmigration and asylum law
Type of self-learning material
Self-learning material
Target group
JudgesLawyersOther
Languages
English
Links to language versions
Link
Training Materials on Access to Justice for Migrants - Module III: Access to Ju…

Description

Main learning objectives:

The third module provides participants with the international and EU legal frameworks on economic, social and cultural rights of migrants. It examines the scope of economic, social and cultural rights, their sources and how they are achieved. The module allows participants to learn about the obligations of states in regard to economic, social and cultural rights, as well as the justiciability of such rights. In the context of access to justice for migrants, the module focuses specifically on the right to an adequate standard of living and its implications related to the rights to water, food, life, and housing. It further provides participants with knowledge on the legal framework surrounding the right to social security, the right to work, the right to the highest attainable standard of health, and the right to education – for children and adults. This module thereby gives participants an in-depth overview of economic, social and cultural rights of migrants and the obligations of states in this respect. This project is funded by the European Union’s Justice Programme.

Table of contents:

  1. Introduction
  2. Economic, Social and Cultural Rights (ESC rights)
  3. Sources of ESC Rights
  4. The obligation to respect, protect, fulfil
  5. Progressive realization and non-retrogression
  6. Minimum core obligations
  7. Justiciability
  8. The right to effective remedy
  9. Non-discrimination
  10. Extra-territorial obligations
  11. The right to an adequate standard of living
  12. Introduction
  13. The right to water
  14. The right to food
  15. Adequate standard of living v. destitute conditions of living: the relationship with the right to life
  16. The right to adequate housing
    1. Minimum core obligation: shelter
    2. Adequacy of housing
    3. Access and security of tenure, forced evictions
    4. Non-discrimination
    5. Remedies
  17. The right to social security
  18. Protection of the right to social security through the right to property
  19. Protecting the right to social security through the right to family life
  20. The right to work
  21. The right to the highest attainable standard of health
  22. The right to education
  23. Children’s right to education
  24. Education/training for adults, including third-level education