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Understanding remedies for violations of the right to development in domestic courts in Africa
Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2025.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613585296850944 |
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| access_status_str | Open Access |
| author2 | Viljoen, Frans |
| author_browse | Viljoen, Frans |
| author_facet | Viljoen, Frans |
| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2025. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/106979 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:29.059Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| 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:2263/106979 Understanding remedies for violations of the right to development in domestic courts in Africa Viljoen, Frans joshua.nduku@gmail.com Assim, Maria Nduku, Chisina J. UCTD Sustainable Development Goals (SDGs) Article 22 African Charter Article 22 Domestic courts Remedies Socio-economic rights Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2025. Article 22 of the African Charter of Human and Peoples’ Rights guarantees the right to development, but its implementation in African domestic courts is underexplored. This mini-dissertation examines what remedies for violations of the right to development may look like in domestic African courts. On the basis of an analysis of the jurisprudence of the African Commission and Court on Human and Peoples’ Rights, highlighting both procedural and substantive violations, the study concludes that remedies should be collective, adaptive, and forward-looking, and aligned with the UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. It evaluates how these regional remedies can be applied in national courts by comparing domestic jurisprudence. Findings suggest that while participation orders and restitution are easily transferable from the regional to the national, compensation mechanisms may require innovative approaches, such as the use of development funds. The study then assesses how constitutional status and legal philosophy impact the implementation of the right to development. It argues that if this right is viewed as non-justiciable, its enforcement may be limited. Therefore, it advocates for recognising the right to development as a justiciable right under domestic law, and adopting a hybrid legal philosophy that encompasses corrective justice, distributive justice, and the capabilities approach to enhance its domestic operationalisation. Centre for Human Rights LLM (Human Rights and Democratisation in Africa) Unrestricted Faculty of Laws SDG-03: Good health and well-being SDG-08: Decent work and economic growth SDG-10: Reduces inequalities SDG-11: Sustainable cities and communities 2025-11-28T10:38:37Z 2025-11-28T10:38:37Z 2025-12-10 2025-10 Mini Dissertation * D2025 http://hdl.handle.net/2263/106979 10.25403/UPresearchdata.30712640 en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Article 22 African Charter Article 22 Domestic courts Remedies Socio-economic rights Understanding remedies for violations of the right to development in domestic courts in Africa |
| title | Understanding remedies for violations of the right to development in domestic courts in Africa |
| title_full | Understanding remedies for violations of the right to development in domestic courts in Africa |
| title_fullStr | Understanding remedies for violations of the right to development in domestic courts in Africa |
| title_full_unstemmed | Understanding remedies for violations of the right to development in domestic courts in Africa |
| title_short | Understanding remedies for violations of the right to development in domestic courts in Africa |
| title_sort | understanding remedies for violations of the right to development in domestic courts in africa |
| topic | UCTD Sustainable Development Goals (SDGs) Article 22 African Charter Article 22 Domestic courts Remedies Socio-economic rights |
| url | http://hdl.handle.net/2263/106979 |