Date of Award
The 'African Charter on Human and Peoples Rights' is unique in its conceptualization of rights. Among other things, it provides in a single document a core of both economic, social and cultural rights, as well as civil and political rights. However, the 'Charter's' Preamble clearly demonstrates where the emphasis of the document lies. The 'African Charter' asserts a belief that the satisfaction of economic, social and cultural rights is a guarantee for the enjoyment of civil and political rights. Given the grave economic problems facing Africa, the emphasis on economic, social and cultural rights as a precondition for the enjoyment of civil and political rights is hardly surprising. It is justified in a continent where basic human survival needs are barely met. What is astounding today is the abandonment of such 'Charter' ideals, by the marginalization of enforcement of the economic, social and cultural rights under the ' Charter'. This study analyzes the existing situation with respect to the observation, enforcement and implementation of the economic, social and cultural rights under the 'African Charter' by States Parties as a step towards rethinking the marginalization of these rights. The problems hindering the realization of these rights in Africa are also explored.
Shedrack Chukwuemeka Agbakwa, Retrieving the Rejected Stone: Rethinking the Marginalization of the Economic, Social and Cultural Rights under the African Charter on Human and Peoples' Rights (LLM Thesis, Dalhousie University, 2000) [unpublished].