Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence
Prepared under the supervision of Professor Sandra Liebenberg at the Faculty of Law, University of the Western Cape, South Africa
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2006
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613672177664000 |
|---|---|
| access_status_str | Open Access |
| author2 | Mbazira, Christopher |
| author_browse | Mbazira, Christopher |
| author_facet | Mbazira, Christopher |
| collection | Thesis |
| dc_rights_str_mv | Centre for Human Rights, Law Faculty, University of Pretoria |
| description | Prepared under the supervision of Professor Sandra Liebenberg at the Faculty of Law, University of the Western Cape, South Africa |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/1062 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:52.104Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2006 |
| publishDateRange | 2006 |
| publishDateSort | 2006 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/1062 The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence Mbazira, Christopher UCTD Socio-economic rights Human rights International Covenant on Economic, Social and Cultural Rights ICESCR South Africa Constitution of the Republic of South Africa, 1996 African Commission on Human and Peoples' Rights African Court on Human and Peoples' Rights Africa Prepared under the supervision of Professor Sandra Liebenberg at the Faculty of Law, University of the Western Cape, South Africa "It is submitted that South Africa presents the African Commission on Human and Peoples' Rights (the Commission) and the African Court on Human and Peoples' Rights (the Court) with inspiration to draw from on how social-economic rights can be protected. Issues of locus, defining the state's obligations, effective remedies and their enforcement can be drawn from. However, it is impossible to transpose a domestic system directly into the regional system. It is also submitted that South Africa's Constitution and jurisprudence is not without criticisms as assessed against the backdrop of international human rights law. In this respect the United Nations Committee on Economic, Social and Cultural Rights (the Committee) offers immense inspiration. Through its practice of giving normative content to the rights in the ICESCR the Committee has given extensive definition to some of the rights in the ICESCR and the obligations that attach to them. The obligation of the states to take steps to the maximum of the available resources to achieve progressively the full realisation of the rights in the Covenant has been the subject of extensive elaboration by the Committee. In addition to this the Committee has read into the ICESCR a very important concept, the principle of 'core minimum obligations'. This concept sets the benchmark in determining whether the state has discharged it obligations at the minimum level. The Commission and Court should take advantage of the provisions of the Charter which allow for inspiration from other instruments. The Charter obliges the Commission and the Court to draw inspiration from international law and human and peoples' rights, including the UDHR and other instruments adopted by the United Nations and African countries in the area of human rights. This is in addition to taking into consideration other instruments laying down rules expressly recognized by the states. This paper sets out to show that the African system can draw inspiration from South Africa and the Committee in order to surmount the challenges affecting the realisation of the rights. The paper is divided into five parts. The first part outlines the normative framework of protection of economic, social and cultural rights within the ICESCR, the African Charter and South African Constitution. The second part explores the challenges hampering the effective realisation of these rights followed by an analysis of the African Court and the lessons it may draw not only from the Committee and South Africa's Constitution but from the African Commission as well. The fourth part looks at the forth-coming African Court and its challenges, pointing to aspects on which it may seek inspiration. This will be followed by a conclusion and recommendations." -- Introduction. http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html Centre for Human Rights LLM 2006-11-10T12:14:36Z 2006-11-10T12:14:36Z Oct-03 2003 Mini Dissertation Mbazira, C 2003, The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/1062> http://hdl.handle.net/2263/1062 en LLM Dissertations 2003(18) Centre for Human Rights, Law Faculty, University of Pretoria 545247 bytes application/pdf application/pdf University of Pretoria |
| spellingShingle | UCTD Socio-economic rights Human rights International Covenant on Economic, Social and Cultural Rights ICESCR South Africa Constitution of the Republic of South Africa, 1996 African Commission on Human and Peoples' Rights African Court on Human and Peoples' Rights Africa The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence |
| title | The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence |
| title_full | The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence |
| title_fullStr | The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence |
| title_full_unstemmed | The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence |
| title_short | The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence |
| title_sort | enforcement of socio economic rights in the african human rights system drawing inspiration from the international covenant on economic social and cultural rights and south africa s evolving jurisprudence |
| topic | UCTD Socio-economic rights Human rights International Covenant on Economic, Social and Cultural Rights ICESCR South Africa Constitution of the Republic of South Africa, 1996 African Commission on Human and Peoples' Rights African Court on Human and Peoples' Rights Africa |
| url | http://hdl.handle.net/2263/1062 |