The growing influence of globalisation, the marked increase in world trade and the perceived necessity of improving their competitiveness in the world trade arena has led countries to reduce State intervention in the economy in order to allow the free market to operate. The privatisation of State provided services and functions and of State owned enterprises fits within such a strategy.
Debates on the effects of privatisation have been on-going for twenty years. They have mainly focused on the financial benefits of privatisation and on the propriety of transferring State “powers” to private hands. An analysis of whether privatisation has an effect on the enjoyment of human rights has, however, rarely if at all been carried out.
This book attempts such an analysis. Is it possible to assess whether privatisation of certain State services or functions has a positive or negative effect on the enjoyment of human rights? Do international human rights obligations impose conditions on the privatisation of services? Can the State be held accountable for human rights violations caused by privatised service providers? Is a privatised service provider or enterprise accountable directly under human rights law? Do victims have remedies? And finally: is there a need for human rights law itself to change in order to adjust to the new division of responsibilities that the privatisation of human rights sensitive services entails?
PRIVATISATION AND HUMAN RIGHTS: AN OVERVIEW (p. 1)
GLOBALISATION, PRIVATISATION AND HUMAN RIGHTS (p. 9)
HUMAN RIGHTS AND THE PRIVATISATION OF PUBLIC UTILITIES AND ESSENTIAL SERVICES (p. 33)
PRIVATISATION OF CORRECTIONS: A VIOLATION OF U.S. DOMESTIC LAW, INTERNATIONAL HUMAN RIGHTS, AND GOOD SENSE (p. 57)
PRIVATISATION, PRISONS, DEMOCRACY AND HUMAN RIGHTS: THE NEED TO EXTEND THE PROVINCE OF ADMINISTRATIVE LAW (p. 91)
SOCIAL PROTECTION IS A MATTER OF HUMAN RIGHTS: EXPLORING THE ICESCR RIGHT TO SOCIAL SECURITY IN THE CONTEXT OF GLOBALISATION (p. 129)
SOCIAL RIGHTS AND PRIVATISATION: LESSONS FROM THE ARGENTINE EXPERIENCE (p. 175)
IS PRIVATISATION OF HEALTH CARE A HUMAN RIGHTS PROBLEM? (p. 207)
PRIVATISATION OF EDUCATION AND THE RIGHT TO EDUCATION (p. 229)
PRIVATISATION AND THE RIGHT TO ACCESS TO WATER (p. 259)
INDIGENOUS PEOPLES AND NATURAL RESOURCES UNDER THE INTER-AMERICAN SYSTEM OF HUMAN RIGHTS. BETWEEN PRIVATISATION AND THE EXERCISE OF HUMAN RIGHTS (p. 289)
The Maastricht Series in Human Rights facilitates and supports research in the field of human rights at the Maastricht Centre for Human Rights of Maastricht University’s Faculty of Law. The research is interdisciplinary, with a focus on public international law, criminal law and social sciences.
Volume in the series have been peer reviewed under the responsibility of the Board of the Centre. The Series is published under the editorial supervision of Professor Menno Kamminga and Professor Fons Coomans.
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