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 1. Home
 2. Papers
 3. The Justiciability of Economic, Social and Cultural Rights in the African
    Regional Human Rights System: Theory, Practice and Prospect

Open AccessBook


THE JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN THE AFRICAN
REGIONAL HUMAN RIGHTS SYSTEM: THEORY, PRACTICE AND PROSPECT

Sisay Alemahu Yeshanew
 - 30 May 2013

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TL;DR: In this paper, the authors present a study of the justiciability of ESC
rights in the African regional human rights system with respect to economic,
social, social and cultural rights.
Abstract: chapter 1 Introduction 1.1. introducing the subject 1.2. The african
economic, social and cultural context in brief 1.3. The african continental
intergovernmental response to socio economic and cultural Problems: The
Justiciability of esc rights in the african regional human rights system as a
response 1.4. locating the study within research on the subject 1.5.
methodological approaches 1.6. interpretive framework 1.6.1. subsequent Practice
in the african system 1.6.2. relevant rules of international law 1.6.3. Travaux
Preparatoires 1.6.4. rules of interpretation in the african human rights
Treaties 1.7. structure and outline of the book chapter 2 Justiciability of
economic, social and cultural rights: concepts, objections and challenges
introduction 2.1. What is Justiciability of escrights? 2.1.1. The concept and
argument of Justiciability 2.1.2. Justiciability and remedies 2.2. evaluating
and responding to objections to the Justiciability of esc rights 2.2.1.
substantive objections: The nature and formulation of esc rights 2.2.2.
Jurisdictional objections: objections based on the institutional legitimacy and
competence of Judicial and Quasi-Judicialorgans 2.2.3. Responses to the
Legitimacy and Competence Objections 2.2.4. Issues of Devising Substantive
Remedies in ESC Rights Cases 2.3. Procedural Challenges to the Justiciability of
ESC Rights Conclusion Chapter 3 The African Regional Human Rights System and
Economic, Social and Cultural Rights: Genesis, Development and National Context
Introduction 3.1. The African Continental Intergovernmental Organization and
Human Rights: From the OAU to the AU 3.2. Treaties Constituting the African
Regional Human Rights System and Economic, Social and Cultural Rights 3.2.1. The
African Charter on Human and Peoples' Rights 3.2.2. The African Charter on the
Rights and Welfare of the Child 3.2.3. The Protocol to the African Charter on
Human and Peoples' Rights on the Establishment of an African Court on Human and
Peoples' Rights 3.2.4. The Protocol to the African Charter on Human and Peoples'
Rights on the Rights of Women in Africa 3.3. The Protection of ESC Rights in
Domestic Constitutional Systems in Africa: A Survey of African Constitutions
3.3.1. The Status and Enforceability of International Treaties that Protect ESC
Rights 3.3.2. ESC Rights Protected in African Constitutions 3.3.3. The Judicial
Enforceability of ESC Rights Protected in African Constitutions Conclusion
Chapter 4 Judicial and Quasi-Judicial Organs for the Justiciability of Economic,
Social and Cultural Rights in the African Regional Human Rights System: Mandate,
Procedures and Remedies Introduction 4.1. The African Commission on Human and
Peoples' Rights 4.1.1. Mandate and Jurisdiction 4.1.2. Procedure in Individual
Communications 4.1.3. Admissibility of Communications 4.1.3.1. Standing 4.1.3.2.
Compatibility 4.1.3.3. Exhaustion of Local Remedies 4.1.4. Decisions of the
Commission 4.1.5. Remedies and their Enforcement 4.1.5.1. Remedies 4.1.5.2. The
Status of Recommendations of the Commission 4.1.5.3. Compliance and Follow-up
4.2. The African Committee of Experts on the Rights and Welfare of the Child
4.2.1. Mandate and Jurisdiction 4.2.2. Procedure for Consideration of
Communications 4.3. The African Court on Human and Peoples' Rights / the African
Court of Justice and Human Rights 4.3.1. Mandate and Jurisdiction 4.3.2.
Procedure before the Court and its Judgments 4.3.3. The 'Complementarity'
between the African Court and the African Commission 4.4. Concluding Remarks and
Evaluation of the Effectiveness of Monitoring Organs in the African System 0
Chapter 5 The Substantive Bases for the Justiciability of Economic, Social and
Cultural Rights in the African Human Rights System: The Normative Content of the
Rights and the Related Obligations of States Introduction 5.1. General
Obligations of States with Regard to ESC Rights in Treaties of the African
System and the Possibility of Their Restriction: General Obligations,
Derogations and Limitations 5.1.1 General Obligations of State Parties to the
Major Substantive Human Rights Treaties of the African System 5.1.2. Derogation
and Limitation under the Three Major African Human Rights Treaties 5.2. The
Content and Scope of ESC Rights Protected in the African Human Rights System
5.2.1. The Normative Content of the ESC Rights Provisions of the Three Major
African Human Rights Treaties: Specific Rights and Concomitant Obligations
5.2.1.1. The Right to Propert 5.2.1.2. The Right to Work 5.2.1.3. The Right to
Health 5.2.1.4. The Right to Education 5.2.1.5. The Right to Culture 5.2.1.6.
The Right to Protection of the Family 5.2.1.7. The Right to an Adequate Standard
of Living conclusion chapter 7 conclusion and recommendations 7.1.
recapitulation and appraisal 7.2. recommendations 7.2.1. Theory 7.2.2. The
regional system 7.2.3. monitoringmechanisms 7.2.4. substantive norms 7.2.5.
models of adjudication Bibliography Index

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Showing all 7 results
•Dissertation


THE ECOWAS COURT, ACTIVIST FORCES, AND THE PURSUIT OF ENVIRONMENTAL AND
SOCIOECONOMIC JUSTICE IN NIGERIA

Okechukwu Emmanuel Effoduh
 - 30 Nov 2017

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TL;DR: In this paper, the authors examine the Community Court of Justice of the
Economic Community of West African States, or ECOWAS Court, and its role within
the West African region, especially how the Court has served as a resource for
the Activist Forces that operate in the sub-region, in their pursuit of
Environmental and Socioeconomic Justice in Nigeria.
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6


Book Chapter•DOI


ENSURING THE REALIZATION OF THE RIGHT TO HEALTH THROUGH THE AFRICAN UNION (AU)
SYSTEM: A REVIEW OF ITS NORMATIVE, POLICY AND INSTITUTIONAL FRAMEWORKS

Getahun A. MosissaUniversity of Groningen
 - 01 Jan 2014

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TL;DR: It emerges from the discussion that the violation of the right to health
in the continent is only a mirror of persistent socioeconomic injustices mainly
resulting from lack of systemic accountability, suggesting that it is impossible
to ensure the effective realization of theright to health without first
addressing the structural accountability deficits.
...read moreread less
5


Book Chapter•DOI


THE HUMAN RIGHT TO A CLEAN ENVIRONMENT AND RIGHTS OF NATURE

Günther Handl
 - 01 Jan 2020

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TL;DR: For example, this paper argued that the individual or collective interest
in environmental protection is subsumable under a substantive "environmental
human right" and that a human right to a clean environment either exists as a
matter of current general international law or ought to be recognised as such.
...read moreread less
4


Journal Article•DOI


RETRIEVING THE DIFFERENCES: THE DISTINCTIVENESS OF THE WELFARE ASPECT OF HUMAN
RIGHTS FROM THE PERSPECTIVE OF JUDICIAL PROTECTION

Gustavo ArosemenaMaastricht University
 - 01 Sep 2015
 - Human Rights Review 
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TL;DR: The authors argues that even if it is accepted that all rights are in a
sense positive and costly, there are still strong grounds for finding the
welfare implications of human rights problematic from the perspective of
adjudication.
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3


Book Chapter•DOI


ADOPTION OF A HUMAN RIGHTS APPROACH TO BUDGETING AS A STEP TO REALISE THE RIGHT
TO EDUCATION IN AFRICAN COUNTRIES

Ashwanee BudooUniversity of Pretoria
 - 01 Jan 2018

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TL;DR: The right to education is protected both at the international and at the
regional level as mentioned in this paper. Nevertheless, despite the provisions
of these laws, Africa as a continent still faces challenges in ensuring access
to education.
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