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58-684: It emerged under the aegis of the Organisation of African Unity (since replaced by the African Union ) which, at its 1979 Assembly of Heads of State and Government, adopted a resolution calling for the creation of a committee of experts to draft a continent-wide human rights instrument, similar to those that already existed in Europe ( European Convention on Human Rights ) and the Americas ( American Convention on Human Rights ). This committee

116-604: A legal obligation to respect, protect and fulfil these rights. The exact nature of states' obligations in this respect has been established principally in relation to the International Covenant on Economic, Social and Cultural Rights (ICESCR), and further Optional Protocol to the International Covenant on Economic, Social and Cultural Rights has been established in accordance with Vienna Declaration and Programme of Action . State parties to

174-653: A number of economic, social and cultural rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women recognises and protects many of the economic, social and cultural rights recognised in

232-648: A range of economic, social and cultural rights within the Inter-American human rights system. A range of secondary legal sources exist on economic, social and cultural rights which provide guidance on their normative definition. An important secondary legal source is the United Nations Committee on Economic, Social and Cultural Rights which is overseeing the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Committee has been central in developing

290-602: A wide range of economic, social and cultural rights, including the right to work , to favourable working conditions, the right to join trade unions and to take collective labour action in Article 1 to 10, the right to health in Article 11, the right to social security , including the right to medical assistance and the right to social welfare services, in Article 12 to 14, protection of especially vulnerable groups are enshrined in Article 15 to 17 and 19, and right to housing in Article 31. The Protocol of San Salvador protects

348-510: Is available. The Centre on Housing Rights and Evictions ( COHRE ) has helped to establish the Housing and Property Directorate (HPD/HPCC) in Kosovo. According to Karel Vasak 's theory of three generations of human rights , economic, social and cultural rights are considered second-generation rights, while civil and political rights , such as freedom of speech , right to a fair trial , and

406-582: The Committee on Economic, Social and Cultural Rights competence to receive and consider communications from individuals claiming that their rights under the Covenant have been violated by a state party. The Protocol entered into force on 5 May 2013. In 2017, for the common global standards in the Recommendation on Science and Scientific Researchers relating to the right to science, states agreed at

464-453: The ICESCR in relation to children and women. The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Rights of Persons with Disabilities also prohibits all discrimination on the basis of the disability including refusal of

522-1069: The common good , not rights. Sweden, Finland, and Denmark, for example, adhere to a comparatively robust welfare effort, built primarily through social democratic parties and trade union mobilisation, without relying on judicial review of socio-economic rights. Nonetheless, majoritarian political arenas such as parliaments and trade union structures may remain unresponsive to minorities. The gains won through litigation, modest though they may be, can nonetheless be of value for those who benefit from them. Civil society movements have advanced alternative institutions, norms and practices for constitution-making and making socio-economic rights effective. Participants in recent constitution-making experiments in Iceland , Bolivia and Ecuador have all linked economic and social rights to new institutional arrangements such as participatory budgeting or technologically-enhanced direct democracy as well as to new norms and discourses, notably those concerning ecological stewardship and

580-498: The commons as well as care and social reproduction . In Ireland , social movements such as the ' Right2Water ' and ' Repeal the 8th ' campaigns have demonstrated how highly networked individuals and communities can mobilise both alongside and outside of traditional institutions, act collectively, and advance economic, social and cultural rights. Economic, social and cultural right enshrined in international and regional human rights instruments are legally binding. Member states have

638-499: The reasonable accommodation relating to full enjoyment of economic, social and cultural rights. Economic, social and cultural rights are recognized and protected in a number of international and regional human rights instruments. The Universal Declaration on Human Rights (UDHR), adopted by the UN General Assembly in 1948, is one of the most important sources of economic, social and cultural rights. It recognizes

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696-528: The right to education , right to housing , right to an adequate standard of living , right to health , victims' rights and the right to science and culture . Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take " progressive action " towards their fulfilment. The Universal Declaration on Human Rights recognises

754-490: The right to health in Article 12, the right to education in Article 13, as well as the right to participate in cultural life and the right to benefits of science and culture in Article 15. The International Covenant on Civil and Political Rights , adopted at the same time as the ICESCR, recognizes and protects a number of core economic, social and cultural rights, including the right to join trade unions in Article 22, and

812-576: The right to property (Article 14), and the right to resist (Article 20). Some human rights scholars however consider the Charter's coverage of other civil and political rights to be inadequate. For example, the right to privacy or a right against forced or compulsory labour are not explicitly recognised. The provisions concerning fair trial and political participation are considered incomplete by international standards. The Charter also recognises certain economic, social and cultural rights , and overall

870-495: The right to social security in Article 22, the right to work in Article 23, the right to rest and leisure in Article 24, the right to an adequate standard of living in Article 25, the right to education in Article 26, and the right to benefits of science and culture in Article 27. The International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Covenant recognized and protects

928-430: The right to work and to just and favorable working conditions in Article 6 and 7, the right to join trade unions and take collective labor action in Article 8, the right to social security in Article 9, the right to protection of the family, including protection for mothers and children, in Article 10, the right to an adequate standard of living , including the right to food and the right to housing , in Article 11,

986-557: The 1970s, the OAU was powerless to stop them. The Organisation was praised by Ghanaian former United Nations Secretary-General Kofi Annan for bringing Africans together. Nevertheless, critics argue that, in its 39 years of existence, the OAU did little to protect the rights and liberties of African citizens from their own political leaders, often dubbing it as a "Dictators' Club" or "Dictators' Trade Union". The OAU was, however, successful in some respects. Many of its members were members of

1044-932: The AU Assembly decided that the ACHP would be incorporated into the African Court of Justice . In July 2005, the AU Assembly then decided that the ACHP should be operationalised despite the fact that the protocol establishing the African Court of Justice had not yet come into effect. Accordingly, the Eighth Ordinary Session of the Executive Council of the African Union meeting in Khartoum, Sudan, on 22 January 2006, elected

1102-646: The Charter include the right to freedom from discrimination (Article 2 and 18(3)), equality (Article 3), life and personal integrity (Article 4), dignity (Article 5), freedom from slavery (Article 5), freedom from cruel, inhuman or degrading treatment or punishment (Article 5), rights to due process concerning arrest and detention (Article 6), the right to a fair trial (Article 7 and 25), freedom of religion (Article 8), freedom of information and expression (Article 9), freedom of association (Article 10), freedom of assembly (Article 11), freedom of movement (Article 12), freedom to political participation (Article 13),

1160-475: The Charter is considered to place considerable emphasis on these rights. The Charter recognises right to work (Article 15), the right to health (Article 16), and the right to education (Article 17). Through a decision by the African Commission on Human and Peoples' Rights, SERAC v Nigeria (2001), the Charter is also understood to include a right to housing and a right to food as "implicit" in

1218-538: The Charter, particularly in light of its provisions on the right to life (Art. 4), right to health (Art. 16) and to development (Art. 22). In addition to recognising the individual rights mentioned above the Charter also recognises collective or group rights , or peoples' rights and third-generation human rights . As such the Charter recognises group rights to a degree not matched by the European or Inter-American regional human rights instruments. The Charter awards

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1276-511: The Cold War. The OAU had other aims, too: Soon after achieving independence, a number of African states expressed a growing desire for more unity within the continent. Not everyone was agreed on how this unity could be achieved, however, and two opinionated groups emerged in this respect: Some of the initial discussions took place at Sanniquellie , Liberia. The dispute was eventually resolved when Ethiopian emperor Haile Selassie I invited

1334-770: The Constitution to contain positive social rights. Constitutional recognition of economic, social and cultural rights has long been thought to be counterproductive, given that courts might be tasked to adjudicate them, and hence disrupt the democratic chains of accountability of the so-called elected branches. Nonetheless, a growing literature from the Global South has tracked very different judicial responses. Sympathetic critics argue that socio-economic rights appear 'quite negligible' factors in terms of ensuring overall human development. Contemporary welfare states tend to emphasize decommodification , general welfare and

1392-540: The Human Rights Council reports of individual cases when a state is the subject of a Universal Periodic Review. Education is guaranteed as a human right in many human rights treaties , including: The right to education places the individual at the centre of education frameworks. Education as a human right has the following characteristics: The right to education places legal obligations on states when they make decisions regarding education and

1450-417: The ICESCR and state parties are expected to provide judicial remedies in addition to taking administrative, financial, educational and social measures. Intergovernmental organisations and non-governmental organisations (NGOs) have persistently neglected economic, social and cultural rights over the past 50 years. While all human rights are said to be "equal, indivisible, interrelated, and interdependent",

1508-470: The ICESCR are required to take "progressive action" towards fulfilment of the ICESR rights. While immediate fulfilment may not be possible due to the economic situation of a country, postponement of proactive action is not permitted. State parties must show genuine efforts to secure the economic, social and cultural rights enshrined in the ICESCR. The burden of proof for progressive action is considered on be with

1566-421: The ICESCR in relation to children. Including the right to health in Article 24, the right to social security in Article 25, the right to an adequate standard of living in Article 27, the right to education in Article 28, and the right to protection from economic exploitation (see child labour ) in Article 32. The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on

1624-705: The Limburg Principles and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. Various United Nations Special Rapporteurs have influenced the normative development of economic, social and cultural rights. Appointed by the Commission on Human Rights and its sub-commissions, key rapporteurs include the Special Rapporteur on the Realization of Economic, Social and Cultural Rights,

1682-553: The Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights 1987 and the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights 1997. The Limburg Principles have been extensively used in national legal systems as an interpretive tool for establishing violations of economic, social and cultural rights. The Maastricht Guidelines build on

1740-649: The OAU and replaced it with the African Union (AU), its immediate successor, which upholds many of the founding principles of the OAU. The inception of the OAU's establishment was the Sanniquellie Pledge at the First West African Summit Conference held in Sanniquellie , Liberia on 15–19 July 1959. President Tubman of Liberia hosted President Touré of Guinea , and Prime Minister Nkrumah of Ghana , and

1798-576: The OAU failed to achieve to meet goals set up to advocate African affairs. The Organisation still heavily depended on Western help (military and economic) to intervene in African affairs, despite African leaders' displeasure at dealing with the international community, especially Western countries. Autonomous specialised agencies, working under the auspices of the OAU, were: Economic, social and cultural rights Economic, social and cultural rights ( ESCR ) are socio-economic human rights , such as

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1856-403: The Recommendation on Science and Scientific protect and reassert scientific freedoms, the rights of scientists, and rights of research subjects, and the right of everyone to science. The African Charter on Human and Peoples' Rights protects the right to work in Article 15, the right to health in Article 16, and the right to education in Article 17. The European Social Charter protects

1914-820: The South African government, and South African aircraft were prohibited from flying over the rest of the continent. The UN was convinced by the OAU to expel South Africa from bodies such as the World Health Organization . The OAU also worked with the UN to ease refugee problems. It set up the African Development Bank for economic projects intended to make Africa financially stronger. Although all African countries eventually won their independence , it remained difficult for them to become totally independent of their former colonisers. There

1972-691: The Special Rapporteur on the Right to Adequate Housing, the Special Rapporteur on the Right to Education , and the Special Rapporteur on Violence Against Women. A number of national constitutions recognize economic, social and cultural rights. For example, the 1996 Constitution of South Africa includes economic, social and cultural rights and the South African Constitutional Court has heard claims under these obligations (see Grootboom and Treatment Action Campaign cases). The Supreme Court of India has interpreted Article 21 of

2030-462: The UN, too, and they stood together within the latter organisation to safeguard African interests – especially in respect of lingering colonialism. Its pursuit of African unity, therefore, was in some ways successful. Total unity was difficult to achieve, however, as the OAU was largely divided. The former French colonies, still dependent on France , had formed the Monrovia Group , and there

2088-570: The UNESCO General Conference to adopt four-yearly reporting on implementation, and agreed that UNESCO's Executive Board is competent to manage monitoring, with the networks of UNESCO National Commissions and academic partners mobilized in countries to ensure implementation and monitoring at country level. For the other major international human rights conventions mentioned above there are various other treaty bodies to ensure some monitoring of implementation. And each may transmit to

2146-536: The basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Elimination of All Forms of Discrimination Against Women affirms a range of economic, social and cultural rights to women. The ILO Conventions of the International Labour Organization (ILO) protect a range of work related economic, social and cultural rights. Common global standards were agreed by some 195 states in

2204-675: The boundaries permitted under international human rights law (IHRL). The main aspects of education are: Networking groups such as ESCR-Net are working to create online resources and spread information about effective cases, initiatives, and working groups promoting ideals and celebrating victories of human rights initiatives and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights . Currently, human rights advocacy groups are working diligently to fine-tune rules, regulations and implementation schemes; little news of complaint successes or failures

2262-458: The education system. It offers an internationally agreed normative framework for the standards that states must not fall beneath concerning the education of its citizens and non-citizens. These standards define what states must do and avoid doing in order to ensure the dignity of the individual. The right to education is broad and covers many aspects of education. This means that for the specific areas related to education, states must act within

2320-687: The family protection by the state (Article 18), while "peoples" have the right to equality (Article 19), the right to self-determination (Article 20), to freely dispose of their wealth and natural resources (Article 21), the right to development (Article 22), the right to peace and security (Article 23) and "a generally satisfactory environment " (Article 24). The Charter not only awards rights to individuals and peoples, but also includes duties incumbent upon them. These duties are contained in Article 29 and are as follows: Organisation of African Unity The Organisation of African Unity ( OAU ; French : Organisation de l'unité africaine , OUA)

2378-510: The first judges of the African Court on Human and Peoples' Rights . The relationship between the newly created Court and the commission is yet to be determined. As of 2019, 53 states have ratified the Charter. The African Charter on Human and People's Rights includes preamble, 3 parts, 4 chapters, and 63 articles. The Charter established a regional human rights system for Africa. The Charter shares many features with other regional instruments, but also has notable unique characteristics concerning

African Charter on Human and Peoples' Rights - Misplaced Pages Continue

2436-490: The knowledge or experience to defend economic, social and cultural rights at a national or international level. Economic, social and cultural rights are less likely than civil and political rights to be protected in national constitutions. In 2008, the United Nations General Assembly adopted the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights , which gives

2494-517: The leading Gambian nationalists and Pan-Africanists at the time – Alieu Ebrima Cham Joof delivered a speech in front of the member states, in which he said: The OAU had the following primary aims: A Liberation Committee was established to aid independence movements and look after the interests of already-independent states. The OAU also aimed to stay neutral in terms of global politics, which would prevent them from being controlled once more by outside forces – an especial danger with

2552-458: The monitoring, enforcement and implementation framework for economic, social and cultural rights is less advanced than that for civil and political rights . International enforcement mechanisms are strongest for civil and political rights, and their violation is considered more serious than that of economic, social and cultural rights. There are few international NGOs that focus on economic, social and cultural rights and there are few lawyers who have

2610-462: The normative definition of key economic, social and cultural rights, interpreting the role of State Parties to the ICESCR, and monitoring protection and violation of the ICESCR rights. The Committee issues guiding pronouncements in the form of general comments , and other human rights treaty bodies may also issue comments relevant to economic, social and cultural rights. Other important secondary legal sources on economic, social and cultural rights are

2668-489: The norms it recognizes and also its supervisory mechanism. The preamble commits to the elimination of Zionism , which it compares with colonialism and apartheid , causing South Africa to qualify its 1996 accession with the reservation that the Charter fall in line with the UN's resolutions "regarding the characterization of Zionism." The Charter recognizes most of what are regarded universally accepted civil and political rights. The civil and political rights recognized in

2726-557: The organization with no means to enforce its decisions. It was also unwilling to become involved in the internal affairs of member nations, prompting some critics to claim the OAU as a forum for rhetoric, not action. Recognizing this, in September 1999 the OAU issued the Sirte Declaration , calling for a new body to take its place. On 9 July 2002, the OAU's Chairman , South African President Thabo Mbeki , formally dissolved

2784-415: The right of ethnic , religious or linguistic minorities to engage in their culture, practice their religion and use their language in Article 27. A number of other major international human rights instruments contain provisions relating to economic, social and cultural rights. The Convention on the Rights of the Child recognizes and protects many of the economic, social and cultural rights recognized in

2842-748: The state party. The prohibition on discrimination in relation to economic, social and cultural rights is regarded as having immediate effect. State parties must abolish laws, policies and practices which affect the equal enjoyment of economic, social and cultural rights and take action to prevent discrimination in public life. All state parties, regardless of the economic situation in the country or resource scarcity, are required to ensure respect for minimum subsistence rights for all. State parties must also ensure that available resources are accessed and used equitably. Therefore, government decisions on how to allocate resources should be subject to scrutiny. Legislative measures alone are not sufficient to ensure compliance with

2900-605: The three pledged to work together for the formation of a "Community of Independent African States". The OAU was founded in May 1963 in Addis Ababa , Ethiopia , by 32 African states with the main aim of bringing the African nations together and resolve the issues within the continent. Its first ever conference was held on 1 May 1963 in Addis Ababa. At that conference, the late Gambian historian – and one of

2958-576: The two groups to Addis Ababa , where the OAU and its headquarters were subsequently established. The Charter of the Organisation was signed by 32 independent African states. At the time of the OAU's disbanding, 53 out of the 54 African states were members; Morocco left on 12 November 1984 following the admission of the Sahrawi Arab Democratic Republic as the government of Western Sahara in 1982. The organisation

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3016-674: Was a further split between those that supported the United States and those that supported the USSR in the Cold War of ideologies. The pro- Socialist faction was led by Ghana's Kwame Nkrumah , while Félix Houphouët-Boigny of the Ivory Coast led the pro- capitalists . Because of these divisions, it was difficult for the OAU to take action against states involved in internal conflicts because it could rarely reach an agreement on what

3074-524: Was an African intergovernmental organization established on 25 May 1963 in Addis Ababa , Ethiopia , with 33 signatory governments. Some of the key aims of the OAU were to encourage political and economic integration among member states, and to eradicate colonialism and neo-colonialism from the African continent . The absence of an armed force like the United Nations peacekeepers left

3132-603: Was declared "African Human Rights Day". Oversight and interpretation of the Charter is the task of the African Commission on Human and Peoples' Rights , which was set up on November 2, 1987 in Addis Ababa (PM Ebbaa.A), Ethiopia and is now headquartered in Banjul , Gambia . A protocol to the Charter was subsequently adopted in 1998 whereby an African Court on Human and Peoples' Rights was to be created. The protocol came into effect on 25 January 2004. In July 2004,

3190-713: Was duly set up, and it produced a draft that was unanimously approved at the OAU's 18th Assembly held in June 1981, in Nairobi , Kenya . Pursuant to its Article 63 (whereby it was to "come into force three months after the reception by the Secretary General of the instruments of ratification or adherence of a simple majority" of the OAU's member states), the African Charter on Human and Peoples' Rights came into effect on 21 October 1986– in honour of which 21 October

3248-467: Was often continued reliance on the former colonial powers for economic aid, which often came with strings attached: loans had to be paid back at high interest-rates, and goods had to be sold to the aiders at low rates. The US and Soviet Union intervened in post-colonial Africa in pursuit of their own objectives. Help was sometimes provided in the form of technology and aid-workers. Despite the fight to keep "Westerners" (colonialists) out of African affairs,

3306-520: Was to be done. The OAU did play a pivotal role in eradicating colonialism and white minority rule in Africa. It gave weapons, training and military bases to rebel groups fighting white minority and colonial rule. Groups such as the ANC and PAC, fighting apartheid , and ZANU and ZAPU , fighting to topple the government of Rhodesia , were aided in their endeavours by the OAU. African harbours were closed to

3364-577: Was widely derided as a bureaucratic "talking shop" with little power. It struggled to enforce its decisions, and its lack of armed force made intervention exceedingly difficult. Civil wars in Nigeria and Angola continued unabated for years, and the OAU could do nothing to stop them. The policy of non-interference in the affairs of member states also limited the effectiveness of the OAU. Thus, when human rights were violated, as in Uganda under Idi Amin in

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