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Journal articles on the topic 'Socio-economic rights justiciability'

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Published: 4 June 2021

Last updated: 10 February 2022

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Ackson, Tulia. "Justiciability of Socio-economic Rights in Tanzania." African Journal of International and Comparative Law 23, no. 3 (October 2015): 359–82. http://dx.doi.org/10.3366/ajicl.2015.0127.

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Dinokopila, Bonolo Ramadi. "The Justiciability of Socio-Economic Rights in Botswana." Journal of African Law 57, no. 1 (February 27, 2013): 108–25. http://dx.doi.org/10.1017/s0021855312000174.

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AbstractThe judicial enforcement of socio-economic rights remains a challenge in many countries. This is generally attributable to the inadequacy of a particular country's legal framework, in particular its constitutional framework. Given the importance of judicial remedies in litigation, in particular public interest litigation, this article considers possibilities for the judicial enforcement of socio-economic rights in Botswana. It discusses the institutional, legal and constitutional framework for the promotion, protection and fulfilment of socio-economic rights in the country. It also tackles the issue of whether the judicial enforcement of socio-economic rights is easily achievable when those rights are not constitutionally entrenched. The article also considers whether the absence of directive principles of state policy within Botswana's Constitution is a hindrance to the judicial enforcement of socio-economic rights in Botswana. Within that context, it highlights the possible means of judicial enforcement of socio-economic rights in Botswana.

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Olayinka, Olaniyi Felix. "Implementing the Socio-economic and Cultural Rights in Nigeria and South Africa: Justiciability of Economic Rights." African Journal of International and Comparative Law 27, no. 4 (November 2019): 564–87. http://dx.doi.org/10.3366/ajicl.2019.0291.

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Constitutionalising socio- economic and cultural rights (SERs) and the directive principles of state policy is an indication that a state is disposed to protect and enforce such rights. The classification of rights into political and economic goes a long way in determining the extent of rights enforcement in a nation. In Nigeria political rights are enforceable while economic rights remain unenforceable, but stand a better chance of enforcing political and economic rights under rights unification as in South Africa. Nonetheless, a state's obligation to protect SERs ultimately rests on the resources available to such a state.

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Mayessa, Amsalu Darge. "Overview on the Notion of Integration of Human Rights: Giving Pragmatic Value to Socio-Economic Rights Rather than Rim Service." Nordic Journal of International Law 83, no. 2 (June 12, 2014): 168–200. http://dx.doi.org/10.1163/15718107-08302003.

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This article describes and analyses instrumentalities ingrained within the notion of the indivisibility of human rights. It navigates through different international and regional human rights instruments and declarations that accentuate the magnitude of all human rights without disparity. Thus, the article will attempt to address the following critical questions: Why are the global communities concerned about the indivisibility, interdependence and interrelatedness of human rights? Why these notions are largely ignored at the national level? How can we provide a heightened level of protection to social and economic rights primarily at the domestic level? How great of an impact will the notion of the unity of human rights has on the justiciability of socio-economic rights? Finally, the article analyses the nexus between indivisibility, interrelatedness and interdependence of human rights and justiciability by exploring the jurisprudence of the African Commission on Human and Peoples’ Rights.

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Roux, Theunis. "UNDERSTANDING GROOTBOOM — A RESPONSE TO CASS R. SUNSTEIN." Constitutional Forum / Forum constitutionnel 12, no. 1, 2 & 3 (July 24, 2011): 2002. http://dx.doi.org/10.21991/c9s953.

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In a typically thought-provoking essay on the significance of the recent judgment of the South African Constitutional Court in Grootboom,1 Cass R. Sunstein welcomes the contribution of this “extraordinary decision” to the international debate over the justiciability of socio-economic rights.2 In particular, he argues that the decision provides a partial answer to the objection that the judicial enforcement of such rights inevitably requires courts to assume “an unacceptable managerial role.”3 On Professor Sunstein’s reading, the Court in Grootboom successfully steers a middle course between the Scylla of complete enforceability and the Charybdis of non- justiciability. It does so by adopting what is in effect an “administrative law model of socio-economic rights,” one which reads such rights as giving courts the power to order government to “devote more resources than it otherwise would” to the regulatory problem at issue.

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Okyir, Nana Tawiah. "Toward a Progressive Realisation of Socio-economic Rights in Ghana: A Socio-legal Analysis." African Journal of International and Comparative Law 25, no. 1 (February 2017): 91–113. http://dx.doi.org/10.3366/ajicl.2017.0183.

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This article argues for the strengthening and entrenchment of socio-economic rights provisions in Ghana's jurisprudence. The purpose of this entrenchment is to engender judicial activism in promoting more creative pathways for enforcing socio-economic rights in Ghana. The article traces the development of socio-economic rights in Ghana's jurisprudence, especially the influence of the requirements of the international rights movement, particularly of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The article delves into the constitutional history of Ghana and its impact on the evolution of rights in the country. Of particular historical emphasis is the emergence of socio-economic rights under the Directive Principles of State Policy in the 1979 Constitution. However, the significance of the socio-economic rights only became profound with the return to democratic rule under the 1992 Constitution, again under a distinct chapter on Directive Principles of State Policy. However, unlike its counterpart, the chapter on the Fundamental Human Rights and Freedoms, which is directly enforceable, the Directive Principles of State Policy were not. It took the Supreme Court of Ghana a series of landmark decisions until finally, in 2008, it arrived at a presumption of justiciability in respect of all of the provisions in the 1992 Constitution. It is evident that prior to this, the Supreme Court was not willing to apply the same standards of adjudication and enforcement as it ordinarily applies in respect of rights under the chapter on Fundamental Human Rights and Freedoms. Having surmounted the non-justiciability hurdle, what is left is for the courts to begin to vigorously pursue an agenda that puts socio-economic rights at the centre of Ghana's rights adjudication framework. The article draws on comparative experiences from India and South Africa to showcase the extent of judicial creativity in rights adjudication. In India, the courts have been able to work around provisions restricting the enforcement of Directive Principles by often connecting them to Fundamental Freedoms. In South Africa, there is no hierarchy between civil and political rights on the one hand and socio-economic rights on the other; for that reason, the courts give equal ventilation to both sets of rights. The article further analyses these examples in the light of ongoing constitutional reforms in Ghana. It argues that these reforms fall short of the activism required to propel socio-economic rights adjudication to the forefront in Ghana's jurisprudence. In this regard, the article proposes social movements as a viable tool for socio-economic rights advocacy by recounting its success in previous controversial issues in Ghana. The article also connects this to other important building blocks like building socio-economic rights into a national development blueprint. Overall, the article calls for an imaginative socio-economic rights enforcement approach that is predicated on legislation, judicial activism, social movements and a national development blueprint aimed at delivering a qualitative life for the Ghanaian.

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Lui, Edward. "Dutifully Defying Death: A Right to Life-saving Emergency Treatment." Medical Law Review 29, no. 2 (April 20, 2021): 233–51. http://dx.doi.org/10.1093/medlaw/fwab009.

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Abstract Article 12 of the International Covenant on Economic, Social and Cultural Rights provides for the right to health. Two questions are considered in this article. Does this right entail a more specific right to life-saving emergency treatment? And if so, should the latter right become justiciable in the domestic courts? Two propositions will be made in this article. First, the right to life-saving emergency treatment is a necessary component of the right to health. Second, the conventional arguments against the justiciability of socio-economic rights do not apply to the right to life-saving emergency treatment. Such a right should be justiciable at the domestic level.

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Faga, Hemen Philip, Francis Aloh, and Uchechukwu Uguru. "Is the Non-Justiciability of Economic and Socio-Cultural Rights in the Nigerian constitution Unassailable? Re-Examining Judicial Bypass from the Lens of South African and Indian Experiences." FIAT JUSTISIA:Jurnal Ilmu Hukum 14, no. 3 (May 15, 2020): 203. http://dx.doi.org/10.25041/fiatjustisia.v14no3.1801.

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The 1999 Constitution of the Federal Republic of Nigeria, as amended (CFRN) recognizes the entitlement of every Nigerian within its borders to enjoy economic and socio-cultural (ESC) rights under Fundamental Objectives and Directive Principles of State Policy. However, the constitution seemingly renders these ESC rights non-justiciable or unenforceable. This paper examines the efforts of the Nigerian judiciary to bypass the non-Justiciability provision to enforce ESC rights in Nigeria. It mainly investigates the role of judicial decisions in other similar jurisdictions such as South Africa and India in shaping the jurisprudence of the enforcement of ESC rights in Nigeria. Therefore, the paper adopts the comparative method and recommends that both the Nigerian legislature and the judiciary should follow the example of enforcement of ESC rights in these other jurisdictions.

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Birhane, Fikire Tinsae. "Justiciability of Socio-Economic Rights in Ethiopia: Exploring Conceptual Foundations and Assessing the FDRE Constitution and Judicial Perspective." Beijing Law Review 09, no. 02 (2018): 322–44. http://dx.doi.org/10.4236/blr.2018.92021.

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Kusumawati, Erna Dyah. "The Justiciability of Socio-Economic Rights in Indonesia: The Importance of Ratifying the Optional Protocol to the ICESCR." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 1, no. 2 (2014): 346–66. http://dx.doi.org/10.22304/pjih.v1n2.a8.

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Emrah Oder, Bertil, and Mehmet Utku Öztürk. "Between entrenchment and ignorance: on justiciability and salient issues of constitutionalized socio-economic rights from Soma to Cerattepe." Research and Policy on Turkey 2, no. 2 (July 3, 2017): 144–61. http://dx.doi.org/10.1080/23760818.2017.1350353.

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Arko-Cobbah, Albert, and Basie Olivier. "SOUTH AFRICAâ€™S ACCESS TO INFORMATION LEGISLATION AND SOCIO-ECONOMIC RIGHTS: CIVIL SOCIETY AND MEANINGFUL ENGAGEMENT AS DRIVERS." Mousaion: South African Journal of Information Studies 34, no. 1 (July 16, 2016): 149–72. http://dx.doi.org/10.25159/0027-2639/879.

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The inclusion of access to information in the constitution of South Africa and its concomitant legislation, Promotion of Access to Information Act (PAIA) is aimed at promoting transparency, accountability and democratic governance in the hitherto closed, authoritarian and apartheid society. The Constitution goes further to entrench socio-economic rights (SERs) in order to address the injustices of the past of ignorance, fear, and want that impair the dignity of the majority of South Africans. Access to information (ATI) is described as the â€˜touchstoneâ€™ of all human rights and upon which the other human rights, including SERs are buttressed. SERs are, supposedly, enforced by the courts of law. However, their justiciability has become acrimonious and adversarial because it may include the courts making orders that may have budgetary implications, which usually fall under the purview of the executive-cum-legislation, thus undermining the separation of powers doctrine. The study Â suggests the concept of meaningful engagement to break the impasse, arguing that the concept is more â€˜user-friendlyâ€™ and grounded in the Constitution and other statutory instrument and practices in the governance of South Africa.Â

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Gerstenberg, O. "The Justiciability of Socio-economic Rights, European Solidarity, and the Role of the Court of Justice of the EU." Yearbook of European Law 33, no. 1 (January 1, 2014): 245–76. http://dx.doi.org/10.1093/yel/yeu019.

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Nkongolo, Christian-Jr Kabange. "The Justiciability of Socio-economic Rights under the African Charter on Human and Peoples’ Rights: Appraisal and Perspectives Three Decades after Its Adoption." African Journal of International and Comparative Law 22, no. 3 (October 2014): 492–511. http://dx.doi.org/10.3366/ajicl.2014.0104.

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Gabru, N. "SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2831.

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Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right. The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy. The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.

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Templeton, Romy-Anne. "A NEW ‘RAY OF LIGHT’ IN SOCIO-ECONOMIC RIGHTS JURISPRUDENCE? A NOTE ON COUGHLAN NO V ROAD ACCIDENT FUND (CENTRE FOR CHILD LAW AMICUS CURIAE) (CCT160/14) [2015] ZACC 9." Pretoria Student Law Review, no. 9 (2015). http://dx.doi.org/10.29053/pslr.v9i.1970.

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The justiciability of socio-economic rights in the South African courts has been the subject of much academic debate. This issue of justiciability spans back to the drafting of the final Constitution — the question at the time concerned whether or not these rights should be included in Chapter II of the Constitution. The fact that the justiciability of socio-economic rights has been an on-going concern for the last two decades illuminates the difficulties faced by the courts in giving substantive content to these rights. The courts often respond to these situations by way of deference.1 Brand defines deference as ‘a strategy of the courts, when faced with difficult, technical or contested social questions…to leave the decision of those issues in different ways and to varying degrees, to the other branches of government.’2 The judgment of Coughlan NO v Road Accident Fund (Centre for Child Law Amicus Curiae) (CCT160/14) [2015] ZACC 9 is arguably described as a ray of light amongst the dark clouds that normally shroud socio-economic rights jurisprudence.

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Ingle, M. K. "Socio-economic rights and women in South Africa: nothing but a handful of feathers?" Journal for Transdisciplinary Research in Southern Africa 7, no. 1 (July 31, 2011). http://dx.doi.org/10.4102/td.v7i1.256.

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The Bill of Rights contained within South Africa’s Constitution features a number of ‘socio- economic rights’. Although these rights are justiciable they are subject to various limitations. They generally entail a positive onus on the part of the state to provide some good – not immediately, but ‘progressively’. Women have a direct interest in the realization of these rights and, where given effect to, they should exert a positive developmental impact. Some authorities are, however, of the opinion that socio-economic rights are not really enforceable. This article contends that the provision of social goods, by the state, should be the concomitant of the disciplined implementation of policy. Delivery should not therefore be contingent upon the legalistic vagaries of the human rights environment.Keywords: Socio-economic rights; justiciability; Bill of Rights; development; South African Constitution; womenDisciplines: Development Studies;Human Rights; Gender Studies; Political Science

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Babalola, Adeniyi Abraham. "Non Justiciability of Socio-Economic and Cultural Right: A Constitutional Impediment to the Realization of Peace, Equality, Growth and Optimum Development in Nigeria”." SSRN Electronic Journal, 2019. http://dx.doi.org/10.2139/ssrn.3847419.

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