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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao University of Galway...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
https://dx.doi.org/10.13025/17...
Doctoral thesis . 2024
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Austerity as retrogression: The rights to adequate housing and social security in the United Kingdom and Ireland

Authors: Shokar, Poonam;

Austerity as retrogression: The rights to adequate housing and social security in the United Kingdom and Ireland

Abstract

Austerity measures adopted by State Parties since 2008 had a detrimental impact on social housing and welfare, deteriorating the enjoyment of the rights to housing and social security under the International Covenant on Economic, Social and Cultural Rights. The doctrine of non-retrogression – the obligation prohibiting State Parties from taking backwards steps in the enjoyment of Covenant rights – holds immense potential in holding State Parties accountable for adopting austerity measures which deteriorate the enjoyment of Covenants rights. The thesis attempts to categorise the use of austerity measures by the United Kingdom and Ireland as contrary to the doctrine of non-retrogression under the Covenant in relation to the enjoyment of the rights to adequate housing and social security. To achieve this, a two-pronged assessment of deliberately retrogressive measures is carried out: first, the State Party intention in adopting austerity measures is examined; second, a normative and empirical assessment of the doctrine of non-retrogression is conducted in relation to social housing and welfare legislation and policies adopted by the United Kingdom and Ireland from 2008 to 2021. The thesis is interdisciplinary in its approach. First, both the doctrine of non retrogression and austerity are unpacked, relying upon the disciplines of law, political philosophy and political economy to establish an overall framework to analyse deliberately retrogressive measures. Second, a doctrinal analysis of the rights to adequate housing and social security is undertaken to tailor a criterion for determining retrogression specifically for these rights. Third, a qualitative socio-legal analysis of British and Irish parliamentary budget debates is conducted to gauge whether the measures adopted by the State Parties were intended to be deliberately retrogressive. Finally, British and Irish social housing and welfare policies and legislation adopted from 2008 to 2021 are assessed from a normative and empirical perspective to determine whether they are deliberately retrogressive.

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Keywords

Social and Cultural Rights, Business, Public Policy, and Law, Right to Housing, Austerity, Human Rights, Social Housing, Doctrine of Non- Retrogression, FOS: Law, Economic, Social Policy, Right to Social Security, The International Covenant on Economic, Social and Cultural Rights, Law, Social Welfare

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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