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

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

By: Sisay Alemahu Yeshanew (author)Paperback

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Description

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.

About Author

'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

Contents

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

Product Details

  • ISBN13: 9781780680873
  • Format: Paperback
  • Number Of Pages: 402
  • ID: 9781780680873
  • weight: 646
  • ISBN10: 1780680872

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