Full Description
Social and economic rights have hitherto been marginalised in mainstream legal and political discourses and treated as second-class citizens in the human rights family. These rights are now receiving increasing attention in law and politics, arguably because they raise existential questions on human security and dignity. This one-stop volume examines the international and public law perspectives on socio-economic rights in Africa. Working on the premise that these rights are normative and justiciable, the author methodically and expertly examines the legal frameworks for their protection in global, regional, and national instruments, infusing the analysis with African and comparative jurisprudence. The author also examines the nature of obligations on these rights as well as the interpretive methodologies that should be deployed towards their realisation. In blending theory with practice, the book also reflects on some governance challenges that continue to hobble the effective realisation of these rights in Africa. The book is a seminal contribution on an important field, an ideal companion for human rights practitioners, international and constitutional lawyers, judges, government advisors, students, social workers, and everyone who desires 'freedom from fear and want'.
Contents
Foreword
Preface
Acknowledgements
Abbreviations
Chapter 1
GENERAL INTRODUCTION
Hypothesis
Structure
Methodology
Chapter 2
SOCIO-ECONOMIC RIGHTS AS NORMATIVE AND JUSTICIABLE STANDARDS
Introduction
The Problematic
The Dialectics
A Synthesis
Conclusion
Chapter 3
AFRICA IN THE UNITED NATIONS' SOCIO-ECONOMIC RIGHTS FRAMEWORK
Introduction
'In Larger Freedom'
The Modern Magna Carta
The Human Rights Covenants
Other Specialised Treaties
Conclusion
Chapter 4
SOCIO-ECONOMIC RIGHTS IN REGIONAL AFRICA
Introduction
Decades of Standard Setting
Interrogating Rights
Conclusion
Chapter 5
CONSTITUTIONALISING SOCIO-ECONOMIC RIGHTS
Introduction
Constitutionalising Rights
Some Thematic Analysis
Conclusion
Chapter 6
THE CONCEPTS OF OBLIGATIONS AND 'MINIMUM CORE'
Introduction
States Obligations in International Law
States Obligations in Municipal Law
Typology of Obligations
Progressive Realisation and the 'Minimum Core'
The 'Good Faith' Principle
Conclusion
Chapter 7
INTERPRETING SOCIO-ECONOMIC RIGHTS
Introduction
The Judicial Function
Interpretive Methodologies
Limits of Judicial Function
Conclusion
Chapter 8
MAKING SOCIO-ECONOMIC RIGHTS WORK
Summary
From Vision to Reality
Conclusion: 'Moonglow'
Bibliography
Index
