Chapter 1 | Page 24
In addition, other sources of international jurisprudence and soft law norms on
ESC rights developed through the works of the ESCR Committee, Special
Rapporteurs and independent experts as well as the works of experts in the
field of human rights were also analysed. Other widely recognised international
documents such as the Limburg Principles on the Implementation of ICESCR,
the Maastricht Guidelines on the Violations of Economic, Social and Cultural
Rights, and Maastricht Principles on Extraterritorial Obligations of States in the
Area of Economic, Social and Cultural Rights, were also used as key source
materials for inferring relevant interpretations in building and supporting the
analysis.51 These documents provided a rich source of primary information
about the ways in which States interpret, understand and act upon their ESC
rights obligations. These data sources therefore served to uncover richer
meanings and develop a deeper understanding of the issue under
investigation.
The data from all these sources were canvassed through document analysis
methodology to derive relevant and supporting evidence for the arguments put
forward in the thesis.
Document analysis is a ‘systematic procedure for reviewing or evaluating
documents’.52 It requires data to be rigorously examined and interpreted in
order to elicit meaning, and to uncover supporting evidence to further empirical
knowledge.53 The procedure involves finding, selecting, appraising and
synthesising data contained in documents.54 Such analysis aims to locate data
extracts (including excerpts and quotations) that can be organised into
51
The Limburg Principles were advanced by a group of distinguished international experts in
internal law in 1986. The Principles have been widely used as forming expert views on the
interpretation of the ICESCR norms. They have also been used extensively in national
legal systems in relation to violations of ESC rights. The Maastricht Guidelines, which
were adopted by a group of more than thirty experts in 1997, build on the Limburg
Principles and identify the legal implications of State actions and omissions which lead to
violations of ESC rights. While these Principles and Guidelines are non-binding, they are
highly regarded as 'soft law norms' of international human rights system.
52
Glenn A Bowen, 'Document Analysis as a Qualitative Research Method' (2009) 9(2)
Qualitative Research Journal 27-40, 27.
53
Also see, Juliet Corbin and Anselm Strauss, Basics of Qualitative Research: Techniques
and Procedures for Developing Grounded Theory (SAGE Publications, London, 2014).
54
Labuschagne, above n 41; Bowen, above n 52.
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