International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective by Luke D. Graham (review)

Abstract

Reviewed by: International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective by Luke D. Graham Muneeb Khan (bio) and Yen-Chiang Chang (bio) Luke D. Graham, International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective (Routledge 2022) ISBN: 9781032074726, 192 pages. The issue of destitution has long been a concern for anti-poverty advocates, policy-makers, and researchers. While there is a general understanding of the experience of destitution, there has been a lack of attention given to its relationship with the denial of Economic, Social, and Cultural Rights (ESCR). The book International Human Rights Law and Destitution: An Economic, Social and Cultural Rights Perspective, authored by Luke D. Graham, explores destitution from a human rights-based perspective, specifically focusing on ESCR. The book provides a novel understanding and definition of destitution based on the realization of ESCR, highlighting the nexus between destitution and the denial of these rights. The book applies this definition to a United Kingdom (UK) case study to demonstrate how destitution manifests and provides recommendations for addressing destitution through the realization of these rights. The book comprises six chapters, with each chapter providing an in-depth analysis of different aspects of destitution through the application of a multidisciplinary legal research methodology. Chapter 1 establishes the context by introducing the concept of destitution and highlighting its distinctions from poverty and extreme poverty. The author emphasizes the importance of an ESCR perspective and offers an outline of the book's structure. The chapter examines human rights-based definitions of poverty and extreme poverty, underscoring the absence of a similar definition for destitution. It argues that destitution entails meeting basic needs independently, without relying on charity, and posits that destitution is separate from poverty and extreme poverty. This initial chapter serves as a strong foundation, effectively introducing key concepts and themes, while presenting a fresh definition of destitution within the framework of human rights. The author's meticulous research and insightful analysis contribute to a novel perspective in the realm of human rights. Chapter 2 delves into the foundational concepts that determine the necessary level of rights realization to prevent destitution. The author argues that this level is shaped by three key ideas: firstly, reliance on charitable assistance hinders meeting the destitution threshold; secondly, destitution can arise even if only one component right falls short of the destitution threshold; and finally, the destitution threshold encompasses a universal minimum component while also requiring context-specific determinations. Although the chapter effectively underscores the importance of a human rights-based approach to address destitution, the author could further enhance the discussion by incorporating case studies to illustrate the three key ideas. Chapter 3 intricately explores the destitution threshold framework, meticulously examining each individual component right. Through the application of the destitution threshold to every right, a universally applicable understanding of destitution emerges, rooted in the [End Page 729] minimum core obligation associated with each specific right. The analysis extends beyond the minimum core obligation, delving into the broader normative essence inherent within these rights. This comprehensive exploration establishes a context-specific destitution threshold for each component right, contributing to a human rights-based definition of destitution that extends beyond the mere absence of rights' realization. However, the discussion could have been further enriched by incorporating existing definitions of poverty and extreme poverty within the human rights framework, as well as exploring the theory of tangibility of rights and their link to component rights, ultimately enhancing the resolution of destitution-related issues. Chapter 4 delves into the issue of austerity and its correlation with the escalating destitution in the UK. The profound impact of austerity on social security policies is examined with social security-related factors identified as the primary catalysts for destitution. The author meticulously assesses the transformations in social security policy throughout the past decade and their cumulative consequences, ultimately concluding that austerity in the UK inherently perpetuates destitution. This chapter offers a comprehensive analysis of the repercussions of austerity on destitution in the UK, underscoring the necessity for a human rights-centered approach to social policy. The author's examination and critique of austerity, destitution, and the prioritization of charitable services over...