African regional remedies for violations of socio-economic rights

Abstract

The study examines the regional protection of socio-economic rights on the African continent, focusing on the normative and institutional frameworks. At the heart of this research paper is the African Charter on Human and Peoples Rights, which provides the basis for the protection of socio-economic rights. Unlike other regional human rights systems, the African human rights system is unique in that it places the protection of civil and political rights on the same footing as socio-economic rights, reflecting the interdependence of these rights. The study further examines the roles that the African Commission and the African Court on Human and Peoples’ Rights play in the protection of socio-economic rights on the continent. Through a detailed analysis of these regional institutional bodies' jurisprudence, activities, and reports, the dissertation evaluates the progress that has been made in the advancement of socio-economic rights protection.

Further, the dissertation examines the challenges and barriers these regional institutions face in implementing their protective mandate. These challenges take the form of political resistance, budgetary constraints, and broader structural challenges within the African regional human rights system.

The dissertation finds that although the African regional human rights system does have the procedural capabilities to protect socio-economic rights through its institutional bodies, due to various challenges, especially the lack of political will, the regional human rights system lacks the ability to effectively improve the lives of the victims affected by these violations.