colloque program justiciabilité

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International conference

Justiciabilty of Social Rights : Finally moving forward?

Collge de France, Paris, FranceMay 25 -26, 2011

Working languages: French & English (a translation will be provided)

Conference organised by the Research center on fundamental rights, (CREDOF, University Paris Ouest

Nanterre La Dfense)

With the support of the Mission Recherche Droit et Justice, the french Observatory of Poverty and

social Exclusion (ONPES), the EHESP School of Public Health and the Collge de France

Social and economic rights are often referred to as "the rights of the poor" but one may

simultaneously wonder whether they remain poor rights ?

From januar 2009 to october 2010, the CREDOF has led a research focused on the judicial

accountability of social and economic rights. (www.droits-sociaux.u-paris10.fr)

Although social and civil rights have been affirmed to be indivisible and interdependent, jurists often

continue to distinguish between the two. The distinction made in the legal writing body between

fundamental, civic and political rights on the one hand, and economic and social rights, on the other

hand, often results in casting aside social rights and preventing them from being justiciable.

Numerous justice decisions have invoked their specificity in order to justify their lack of judicialprotection. Despite the fact that social rights are widely recognized and proclaimed, they often

remain relegated to a secondary category, opposed to civil and political rights: half-rights, pseudo-

rights, special rights with a minor rank, they do not benefit from the same regime and guarantees

than the other fundamental rights. References are common to the so-called 'specific nature' of social

rights and they generally support the idea according to which judicial interferences with

parliamentary social and economic policies would constitute a violation of the separation of powers.

The argument according to which courts are not competent to decide on such complex issues is also

often put forth.

However, the academic debate about judicial enforcement of social rights is undergoing changes.

Distinctions between fundamental rights tend to be challenged by social movements who do nothesitate anymore to take legal actions and claim for those social rights (the right to housing, to food,

to health care) to be enforced. Academic research as well as tries to rethink the universality and

indivisibility of human rights and is increasingly followed by judges, be they international or national,

who currently multiply rulings that strengthen the justiciability, effectiveness and opposability of

social rights.

The international conference that will be held in Paris, may 2011, 25-26 at the College de France aims

to challenge the hypothesis of social rights peculiarity. It will offer the opportunity to discuss the

results of the research project and, taking stock of recent attempts at overcoming dogmatic

obstacles, to scrutinize the academic debate as well as the jurisdictional answers concerning the

nature and regime of social rights through the use of comparative and international law.
http://credof.u-paris10.fr/http://credof.u-paris10.fr/http://credof.u-paris10.fr/http://www.droits-sociaux.u-paris10.fr/http://www.droits-sociaux.u-paris10.fr/http://www.droits-sociaux.u-paris10.fr/http://www.droits-sociaux.u-paris10.fr/http://credof.u-paris10.fr/


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Program Director: Diane Roman, Professor of Public Law, EHESP School of Public Health, CREDOF,

Scientific committee

Michel Borgetto, Professor at Universit Paris II Panthon Assas ; Emmanuel Dockes, Professor at

University Paris Ouest Nanterre La Dfense ; Olivier de Frouville, Professeur at University of

Montpellier 1 ; Stphanie Hennette-Vauchez, Professeure at University Paris Est ; Carlos MiguelHerrera, Professor at University of Cergy Pontoise ; Robert Lafore, Professor at University Bordeaux

IV Montesquieu ; Daniele Lochak, emeritus Professor University Paris Ouest Nanterre La Dfense ;

Dominique Thouvenin, Professor at EHESP, Sbastien Touz, Professor at University of Poitiers

Provisional program, to be confirmed

25 may 2011, 09.am : A New Framework for the Justiciability of Social Rights

Opening : Mireille Delmas Marty, Professor, Collge de France, Chair of Comparative Legal Studiesand Internationalization of Law

Chair : Daniele Lochak, emeritus Professor University Paris Ouest Nanterre La Dfense

1. Introducting reports (09.20-10.30)

- Social rights : preliminary definitions (Vronique Champeil-Desplats, Professor at UniversityParis Ouest Nanterre La Dfense, director of the CREDOF)

- The classical obstacles to the justiciability of social rights (Diane Roman, Professor, EHESP)- Case study : the right to basic living conditions (Dr. C. Fercot, PhD University Paris 1

Panthon Sorbonne- Kln University)

- Case study : The Mininumas Case, Mexico, Aline Rivera, PhD student, University ParisOuest Nanterre La defense

Break: 10.30-10.50

2. Discussion (10.50-12.30)

- Views from the NGOs : Sandra Ratjen, International Commission of Jurists- Views from academic experts: Lucie Lamarche, Professor, University of Ottawa, chair

Gordon F. Henderson, Carlos Molina, Professor, University of Medellin, Carlos-Miguel

Herrera, Professor, University of Cergy Pontoise

25 may 2011, 14 pm : International Law as a Vector for the Justiciability of Social Rights

Chair : E. Decaux, Professor, University Paris II Panthon-Assas

Introduction : The recent evolutions, Dr. Sophie Grosbon, assistant professor, University Franois

Rabelais, Tours


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1. Social Rights Committees (14.30-15.30)

- European Committee of Social Rights (ECSR) : Luis Jimena Quesada, Professor, University

of Valencia, president of the ESCR

- Committee on Economic, Social and Cultural Rights : Philippe Texier, judge at the french

Cour de Cassation, member of the UNO CESCR

Discussion: 15.30-16.00

Break : 16.00-16.20

2. Regional Courts and Social Rights (16h20-17h45)

- Case study: the justiciability of social rights in Africa: Emmanuel Gumatcha, PhD student,

University Paris Ouest Nanterre La Dfense,

- South-american experience: Vctor E. Abramovich, Professor, University of Buenos Aires,Member of the Inter American Commission on Human Rights of the Organisation of American

States

- The case of European Community: Myriam Benlolo-Carabot, professor, University of

Valenciennes

- The European court of human rights: Dr Carole Nivard, assistant-professor, University of Rouen

Discussion: 17h45-18h30

26 may, 9 am : National litigation and Social Rights

chair: I. Kaboglu, Professor, University of Marmara

1. Typologies of legal systems (9.15-11.00)

Case studies:

Landmark examples : India, South Africa, David Robitaille, professor, University of Ottawa

Blindspots of justiciability : Maghreb (Dr Imad Khillo, ATER, University of Toulon)

Speaker: Christian Courtis, Professor, University of Buenos Aires

Break: 11.00-11h30

2. Typologies of litigations: 11h30-12h00Case studies: Spain, Pr. Gerardo Pisarello, University of Barcelona

Speaker: Malcolm Langford, Research Fellow, University of Oslo

Discussion: 12.00-12.15

26 may, 14 pm : French Law and Social Rights

Chair : Michel Borgetto, Professor, University Paris II Panthon Assas


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Introduction : case studies, Dr Laure Camaji, Assistant professor, University Paris Sud, Serge Slama,

Assistant professor, Universit dEvry

Administrative judges and social rights (14.30-15.15) : Yves Struillou, judge at the Conseil dEtat ;Virginie Donier, professor, University of Franche Comt

Private-law judges and social rights (15.30-17.00) : Marc Pichard, Professor, University Lille 2,

Xavier Prtot, judge, Cour de Cassation, Alain Supiot, Professor, Institut dtudes avances, Nantes

Conclusion : Justiciability as a condition for rights effectivity17-18 : closing discussion

Panel :

Paul Bouchet, former member of the Conseil dtat, former president of ATD Quart Monde ; RobertLafore, Professor, University Bordeaux IV Montesquieu

colloque program justiciabilité

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