Twelve Putting the lawyers in their place: the role of human rights in the struggle against poverty
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Conor Gearty
Abstract
This chapter discusses how Peter embraced the framework of human rights to carry on the battles against poverty and in so doing wrested the term from the exclusive appropriation by lawyers. It notes that for Peter the core of human rights was to be found not in the courtroom but on the streets, in the souls of the activists and campaigners who are seeking to change society for the better. It argues three propositions: first, the idea of human rights in general is valuable. It further argues that the value of this notion of social rights lies principally in the political arena, and third, the least effective way of securing social rights is by an over-concentration on the legal process with the constitutionalisation of such rights being an especial disaster wherever it occurs.
Abstract
This chapter discusses how Peter embraced the framework of human rights to carry on the battles against poverty and in so doing wrested the term from the exclusive appropriation by lawyers. It notes that for Peter the core of human rights was to be found not in the courtroom but on the streets, in the souls of the activists and campaigners who are seeking to change society for the better. It argues three propositions: first, the idea of human rights in general is valuable. It further argues that the value of this notion of social rights lies principally in the political arena, and third, the least effective way of securing social rights is by an over-concentration on the legal process with the constitutionalisation of such rights being an especial disaster wherever it occurs.
Kapitel in diesem Buch
- Front Matter i
- Contents v
- List of figures and tables vii
- Preface viii
- Notes on contributors ix
- The legacy of Peter Townsend 1
- The making of a pioneer researcher: reflections from Peter Townsend’s life story 29
- Peter Townsend, a man ahead of his time: re-reading The family life of old people and The last refuge 59
- The case for universal child benefit 79
- Poverty 91
- Social justice for children: investigating and eradicating child poverty 111
- For universalism and against the means test 133
- Underclass, overclass, ruling class, supernova class 153
- Addressing health inequalities: building on Peter Townsend’s legacy 175
- Towards a new sociology of ageing: from structured dependency to critical gerontology 193
- Disability: prospects for social inclusion 223
- Putting the lawyers in their place: the role of human rights in the struggle against poverty 241
- Radicalising social policy in the 21st century: a global approach 257
- Conclusion: building on the legacy of Peter Townsend 275
- Index 303
Kapitel in diesem Buch
- Front Matter i
- Contents v
- List of figures and tables vii
- Preface viii
- Notes on contributors ix
- The legacy of Peter Townsend 1
- The making of a pioneer researcher: reflections from Peter Townsend’s life story 29
- Peter Townsend, a man ahead of his time: re-reading The family life of old people and The last refuge 59
- The case for universal child benefit 79
- Poverty 91
- Social justice for children: investigating and eradicating child poverty 111
- For universalism and against the means test 133
- Underclass, overclass, ruling class, supernova class 153
- Addressing health inequalities: building on Peter Townsend’s legacy 175
- Towards a new sociology of ageing: from structured dependency to critical gerontology 193
- Disability: prospects for social inclusion 223
- Putting the lawyers in their place: the role of human rights in the struggle against poverty 241
- Radicalising social policy in the 21st century: a global approach 257
- Conclusion: building on the legacy of Peter Townsend 275
- Index 303
