INTERNATIONAL LAW & MANAGEMENT REVIEW
VOLUME1 1
virtues of southern European nations. If Southern Europe cannot meet
the minimum standards of social and economic rights, then they require
help from richer European countries. The European Union is not only an
economic community, but is, first and foremost, a community based on
the fundamental rights of all member nations. As such, other European
countries are obligated to assist the poorer nations.
A population needs to have a reasonable minimum of economic and
social rights; an economic crisis undermines the state's financial ability to
fully implement those standards. It does so by forcing a state into paying
off its public debt. If a state is obliged to repay its public debt, it will be
less capable of providing the reasonable minimum standard of economic
and social rights.6 During a financial crisis, states are still obliged to
uphold individual economic and social rights.7
Despite the growing attention paid to the financial crisis, there has
been little examination of its impact on the enjoyment of socio-economic
rights. As such, there is not much written about the relationship between
an economic crisis and human rights, particularly from the perspective of
human rights law. 8 The majority of the literature treats human rights and
financial or economic crises as separate notions. The literature focuses
solely on either the lack of success of specific lenders and financial
instruments or it focuses solely on human rights violations. The literature
generally fails to study the common features between the human rights
violations and the crises-and their attendant socio-economic problems.
This article examines the relationship between the economic crisis
and socio-economic rights from the perspective of a state's human rights
obligations. Further, the article enhances the discussion on how to
adequately secure socio-economic rights during times of economic crisis.
The article does so by asking two main questions:
6 Mary
Dowell-Jones and David Kinley, Minding the Gap: Global Financeand Human Rights,
Ethics and InternationalAffairs, Vol. 25, No. 2,184 (201 l)(citing Rita Roca and Francesca Manta,
Values Added: The Challenge of Integrating Human Rights into the FinancialSector, 14, Danish
Institute for Human Rights, (2010)).
7 The Castan Centre of Human Rights notes, "it does not follow that from additional sites of
responsibility comes a corresponding reduction of the State's liability in respect of human rights
protection and promotion." R Chambers, D Kinley and S Joseph, Submission to the UN Office of the
High Commissioner's review of the UN's Human Rights Norms for Corporations 'Responsibilities of
Transnational Corporations and Related Business Enterprises with Regards to Human Rights' the
Castan Centre for Human Rights Law, Monash University, Melbourne, Australia,
http://www.law.monash.edu.au/castancentre/publications/ohchr-sub-final.pdf (last visited June 30,
2013).
8 Only a few articles have been so far published on this topic. See Ignazio Saiz, Rights in
Recession? Challengesfor Economic and Social Rights Enforcement in Times of Crisis, Journal of
Human Rights Practice, Volume 1, Issue 2, 277-293; Felipe G6mez Isa, The reversibility of
economic, social and cultural rights in crisiscontexts, (El Tiempo de los Derechos, Working Papers
2011) available at http://e-archivo.uc3m.es/bitstreami/handle/10016/10137/wp37.pdfsequence= 1. C;
Raj Kumar, Human Rights Crisis of Public Health Policy: Comparative Perspectives on the
Protection and Promotion of Economic and Social Rights, 52 Indian Journal of International Law,
351-87, 2012; Rachael Loma Johnstone; Aoalheibur Amundad6ttir, Defending Economic, Social
and CulturalRights in Iceland's FinancialCrisis, 3 The Yearbook of Polar Law, 455-77 (2011).