Social and Economic Rights in Africa

International and Public Law Perspectives
1. Auflage 2023
ISBN: 978-1-032-41281-8
Verlag: Routledge

Buch, Englisch, 338 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 678 g

Reihe: Routledge Studies on Law in Africa

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’.

Zielgruppe

Academic and Postgraduate

Autoren/Hrsg.

Udombana, Nsongurua

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

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

Über Autor(innen)

Nsongurua Udombana is Professor of Public International Law and, presently, affi liates with Topfaith University, Nigeria. He obtained the degrees of Bachelor of Laws (LLB) and Master of Laws (LLM) at the University of Lagos, and Doctor Legum (LLD) at the University of South Africa. A fellow of the Chartered Institute of Arbitrators (FCArb), Professor Udombana has been a member of the Nigerian Bar since 1989, besides membership of other professional bodies. He previously taught at Central European University (CEU), Budapest; York University, Ontario; and in several African universities, including the University of Lagos and Babcock University, both in Nigeria, and the University of Pretoria, as well as the Open University of Tanzania. A Genest Global scholar of the Osgoode Hall Law School for 2011–2012, Professor Udombana was formerly Director, CEU Centre for Human Rights; Dean of Law, University of Uyo, Nigeria; pioneer Pro-Chancellor, Ritman University, Nigeria; and member of Nigeria’s National Conference in 2014. He writes and publishes on international law themes, with an Afrocentric perspective. He is a widely read scholar.