Addressing the Impediments to the Realization and Enjoyment of Socio-Economic Rights under the ICESCR Cover Image

Addressing the Impediments to the Realization and Enjoyment of Socio-Economic Rights under the ICESCR
Addressing the Impediments to the Realization and Enjoyment of Socio-Economic Rights under the ICESCR

Author(s): Abiodun Odusote
Subject(s): Politics / Political Sciences
Published by: Editura Universitară Danubius
Keywords: socio-economic rights; human rights proliferation; justiciability; and national engagement.

Summary/Abstract: The realization and enjoyment of socio-economic rights is crucial to overcoming the challenges of abject poverty. These rights offer those living in poverty access to the basic and essential things that are necessary to live a dignified life. However, it is generally agreed that the protection and enjoyment of socio-economic rights is accorded less importance amongst the comity of civilized nations. Majority of governments give priority to the protection of civil and political rights to the detriment of socio-economic rights. Despite the United Nations stance on the non-hierarchical structure within human rights classifications, there is general ambivalence towards the violation of socio-economic rights by those entrusted to protect them. Though many international and regional treaties protect socio-economic rights, which instruments have been domesticated by countries; the picture appears gloomy in terms of effective realisation and protection of socio-economic rights. Their enforcements still remain a challenge for this millennium. The impediments to the realization of these rights are the focus of this paper. Through a detailed analysis of international, regional and domestic legislative framework and jurisprudence, this study provides a systematic exposition of the obstacles that impact on the ability of states to fulfil their socio-economic rights obligations under the various and diverse instruments. The impediments that are discussed in this paper include: a proliferations of human rights; corruption and inept leadership in Africa; inadequate enforcement mechanism; poor and ineffective state reports; international sanctions; wars and conflicts; globalization; debt repayment by developing countries; difficulties of monitoring compliance by State Parties and conflict of laws. In conclusion, the paper proffers a panacea and alternative models for the realization and enjoyments of socio-economic rights.

  • Issue Year: 7/2014
  • Issue No: 2
  • Page Range: 74-106
  • Page Count: 33