Economic and Social Rights and Transitional Justice: A Framework of Analysis

Abstract

This work brings analytical clarity and original insights to the much-debated questions of whether and how to include violations of economic and social rights (ESRs) within the mandate of several widely used transitional justice mechanisms. First, it provides a nuanced and comprehensive framework of analysis to examine whether the inclusion of large-scale ESR violations within the powers of the studied mechanisms is in conformity with the functions they have had traditionally. Second, by analyzing the implementation of this analytical framework with respect to the power to adjudicate and provide reparations for large-scale ESR violations, it sheds new light on important aspects of these questions. It demonstrates that exercising the two mentioned powers by the analyzed mechanisms with respect to large-scale ESR violations is mostly in conformity with the functions these mechanisms have had traditionally. It also shows that most of the challenges that including these violations within the two studied powers would pose to the institutional competence and democratic legitimacy of the examined mechanisms are because these are large-scale abuses, not that they are ESR violations.