Economic, social and cultural rights : general obligations in the African Charter on Human and Peoples’ Rights
type: CreativeWork
description: Summary: Food, health care, housing and water are basic goods and services necessary to lead a dignified life. The main means of accessing basic goods and services are usually property ownership and work, save exceptional circumstances where individuals rely on the support of their fellow human being or institutions. Since the advent of the United Nations, access to basic goods and services has been recognised as economic, social and cultural rights guaranteed in international human rights treaties. State parties have undertaken the international obligations to give effect to these rights. The treaties were adopted within the framework of international organisations. The pioneer is the Council of Europe whose model of treaty-making has been replicated first by the United Nations and then by the Organisation of American States. The Organisation of African Unity (now the African Union) was the late comer to the human rights project when it adopted the African Charter on Human and Peoples’ Rights (African Charter), the main human rights treaty of the African Union. The African Charter applies to the Continent of Africa, where the implementation of economic, social and cultural rights is relatively low. This research examines the scope of general legal obligations undertaken by states in the African Charter, considering the progressive realisation obligation as the principal obligation corresponding to the recognistion of economic, social and cultural rights. The research distinguishes the progressive realisation obligation from its exceptions, the immediate obligations, which include minimum core obligations and non-discrimination/equality. It links the progressive realisation obligation to the limitations on economic, social and cultural rights and recognises the the importance of participation of individuals and groups in the implementation of their economic, social and cultural rights. To examine the general legal obligation of states in the African Charter, the res…
abstract: Summary: Food, health care, housing and water are basic goods and services necessary to lead a dignified life. The main means of accessing basic goods and services are usually property ownership and work, save exceptional circumstances where individuals rely on the support of their fellow human being or institutions. Since the advent of the United Nations, access to basic goods and services has been recognised as economic, social and cultural rights guaranteed in international human rights treaties. State parties have undertaken the international obligations to give effect to these rights. The treaties were adopted within the framework of international organisations. The pioneer is the Council of Europe whose model of treaty-making has been replicated first by the United Nations and then by the Organisation of American States. The Organisation of African Unity (now the African Union) was the late comer to the human rights project when it adopted the African Charter on Human and Peoples’ Rights (African Charter), the main human rights treaty of the African Union. The African Charter applies to the Continent of Africa, where the implementation of economic, social and cultural rights is relatively low. This research examines the scope of general legal obligations undertaken by states in the African Charter, considering the progressive realisation obligation as the principal obligation corresponding to the recognistion of economic, social and cultural rights. The research distinguishes the progressive realisation obligation from its exceptions, the immediate obligations, which include minimum core obligations and non-discrimination/equality. It links the progressive realisation obligation to the limitations on economic, social and cultural rights and recognises the the importance of participation of individuals and groups in the implementation of their economic, social and cultural rights. To examine the general legal obligation of states in the African Charter, the res…
author: Ali, Abdi Jibril
language: eng
keywords: Law and Political Science, Social Sciences, HRC, Human Rights Law, Dissertation, ESC-Rights
date published: 2020
date modified: 2026-07-24T02:23:03Z
provider: Ghent University
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: Universiteit Gent. Faculteit Recht en Criminologie

PropertyValue
property ID: Handle
value: http://hdl.handle.net/1854/LU-8675669