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Record W3202796054 · doi:10.1017/9781108283618.009

Remedies for Social, Economic and Cultural Rights

2021· book-chapter· en· W3202796054 on OpenAlexaff
Kent Roach

Bibliographic record

VenueCambridge University Press eBooks · 2021
Typebook-chapter
Languageen
FieldSocial Sciences
TopicLegal Issues in South Africa
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsPolitical scienceDamagesEvictionLegislatureInterimCultural rightsLaw and economicsLawHuman rightsInternational human rights lawEconomics

Abstract

fetched live from OpenAlex

Concerns about manageable remedies have been a major impediment to recognition of socio-economic and cultural (SEC) rights. Part I examines remedies available for SEC rights violations in supra-national and domestic courts including interim remedies, suspended declarations of invalidity and other remands to legislatures, damages, declarations and injunctions. Part II argues that individual remedies should not be rejected because of concerns that they may result in inequitable queue jumping. Part III examines the role that proportionality principles and reasonableness review can play in justifying delays and limits on SEC rights. including in emergencies. Part IV examines South African engagement remedies. Although they can result in consensual and creative agreement, they can also be used as a means to limit rights and authorize evictions. Courts should address inequality of bargaining power including through the use of interim remedies. Part V suggests that South African courts are taking a two-track approach when they combine anti-eviction remedies with more dialogic systemic remedies including engagement. The relation between individual remedies and the minimum core of SEC rights is explored, as is the importance of individual remedies in responding to remedial failure and triggering cycles of reform.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.005
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.016
Threshold uncertainty score0.053

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0030.005
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0000.001
Bibliometrics0.0010.001
Science and technology studies0.0030.014
Scholarly communication0.0040.005
Open science0.0010.003
Research integrity0.0040.007
Insufficient payload (model declined to judge)0.0160.002

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.041
GPT teacher head0.265
Teacher spread0.225 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2021
Admission routes1
Has abstractyes

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Same venueCambridge University Press eBooksSame topicLegal Issues in South AfricaFrench-language works237,207