Planet and people: making human rights distributive by design

Natural scientists have identified nine planetary boundaries. Economists have argued that we are growth-addicted. They have suggested a rather radical departure from assumptions of economic growth, such as zero-growth or at least growth agnosticism. So far, lawyers have not seriously engaged with planetary boundaries and growth agnosticism. The realization of economic, social and cultural rights (ESC rights) is premised on economic growth. Alongside and commensurate with economic growth, States are expected to progressively realize ESC rights. In times of economic recession, regressive measures can be acceptable, but they require strong justification. This chapter seeks to explore what the radically different starting point of growth agnosticism (instead of economic growth) means for the conceptualization of ESC rights: is progressive realization of ESC rights conceivable without growth? Is the requirement of a strong justification of regressive measures tenable in times of de-growth? Can a protection floor of minimum core obligations be preserved?

ISBN:978-1-83910-210-3

Publication year:2021

Keywords:H1 Book chapter

BOF-keylabel:yes

Accessibility:Closed