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The Guarantee of Housing Rights in Domestic Law through the International Covenant on Economic, Social and Cultural Rights

  • Public Land Law Review
  • Abbr : KPLLR
  • 2005, 29(), pp.217-236
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

조형석 1

1국가인권위원회

Accredited

ABSTRACT

Until now, It is difficult to ask States to implement Economic, Social, and Cultural Rights("ESCR"). However, Human rights must never be separated form the obligations to which they give rise. When speaking of a violation or a breach of human rights, there must be a clear idea of the State obligations involved. Hence, The State-obligation based approach will contribute to consolidate judicial protection of human rights by analyzing State's duty imposed by ESCR. States's noncompliance with the duty on International Covenant on Economic, Social Cultural Rights("ICESCR") is infringement of human rights. Based on this State-Obligation's approach, Application of ICESCR in domestic law will contribute guarantee of Housing Rights in domestic legal system

Citation status

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