The Justiciability of Economic, Social and Cultural Rights in the African Regional Human Rights System

Underscoring the generally poor socio-economic conditions in most African states, this book argues that the justiciability of ESC rights in the African regional human rights system plays a subsidiary role in ensuring social justice and the accountability of public authorities in the states of the continent. It marries theory and practice relating to the normative, institutional and procedural aspects of the justiciability of ESC rights in exploring the actual and potential relevance of the African human rights system to the amelioration of impoverishment, disease, illiteracy, homelessness, starvation, marginalization and other related problems that may be framed in terms of violation of ESC rights.

Author(s):
Sisay Alemahu Yeshanew
book | published | 1st edition
March 2013 | xx + 392 pp.

Paperback
€85.-


ISBN 9781780680873

Details

The judicial and quasi-judicial enforceability of economic, social and cultural (ESC) rights has for long been disputed based on some flawed characterizations of the rights and concerns about the role of adjudication in addressing issues of socio-economic development. Underscoring the generally poor socio-economic conditions in most African states, this book argues that the justiciability of ESC rights in the African regional human rights system plays a subsidiary role in ensuring social justice and the accountability of public authorities in the states of the continent. It marries theory and practice relating to the normative, institutional and procedural aspects of the justiciability of ESC rights in exploring the actual and potential relevance of the African human rights system to the amelioration of impoverishment, disease, illiteracy, homelessness, starvation, marginalization and other related problems that may be framed in terms of violations of ESC rights.

‘This is a fine book and a rewarding read. In a unique way the author manages to combine his thorough knowledge about the regional human rights system in Africa and the comparative constitutional law of African countries with in-depth expertise and insight in international human rights law and theories about justiciability. Therefore, reading this book will be a learning experience for everyone.’
Prof. Martin Scheinin, Professor of Public International Law, Department of Law, European University Institute

‘This book is a welcome addition to the growing literature about the justiciability of economic, social and cultural rights from the perspective of international human rights law. It shows that developments in the African regional system have the potential of adding new ideas and pathways for making these rights concrete and meaningful for victims. The book is an important contribution to the academic discourse about strengthening the legal status of economic, social and cultural rights at the international level.’
Prof. Fons Coomans, UNESCO Chair in Human Rights and Peace, Faculty of Law, Maastricht University

‘The author’s solid and balanced presentation and his well-substantiated critique of the relevant issues make this a contribution that everyone engaged with the issue of justiciability of socio-economic rights should have reference to.’
Prof. Frans Viljoen, Director, Centre for Human Rights, Faculty of Law, University of Pretoria

Chapters

Table of Contents (p. 0)

Chapter 1. Introduction (p. 1)

Chapter 2. Justiciability of Economic, Social and Cultural Rights: Concepts, Objections and Challenges (p. 35)

Chapter 3. The African Regional Human Rights System and Economic, Social and Cultural Rights: Genesis, Development and National Context (p. 75)

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 (p. 121)

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 (p. 189)

Chapter 6. Approaches to the Justiciability of Economic, Social and Cultural Rights: Models of Adjudication and Proposals for the African Human Rights System (p. 275)

Chapter 7. Conclusion and Recommendations (p. 325)

Bibliography (p. 355)

Index (p. 387)