Integrated Human Rights in Practice
Show Less

Integrated Human Rights in Practice

Rewriting Human Rights Decisions

Edited by Eva Brems and Ellen Desmet

This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 7: Re-imagining human rights responsibility: shared responsibility for austerity measures in Federation of Employed Pensioners of Greece (IKA-ETAM) v Greece (ECSR)

Rewriting Human Rights Decisions

Wouter Vandenhole

Abstract

The case of Federation of Employed Pensioners of Greece (IKA-ETAM) v Greece, decided on by the European Committee of Social Rights (ECSR) in December 2012, deals with reforms of the Greek pension system as part of the austerity measures taken by Greece in the wake of the financial and economic crises since 2008. These austerity measures were adopted as part of the conditionality attached to the financial assistance provided to Greece by the so-called Troika. In return for financial assistance from EU member states and the International Monetary Fund, Greece had to address its excessive deficit by taking far-reaching economic and social reforms. The rewriting exercise proposes that the ECSR could at least have found the ESC rights violated by Greece against the background of joint responsibility with the EU and the IMF. That would have allowed Greece to ask the EU and the IMF to share in the burden of reparation. The underlying argument is that improving the effectiveness of human rights law may sometimes require rather radical changes, inspiration for which may be found in rather unexpected canons of international law, such as the law of the sea, space law and liability law.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.