The 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 ofwhether 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.
An earlier version of this article was presented at the ANCL-RADC Annual Conference on the Internationalisation of Constitutional Law, Rabat, Morocco, January 2011.