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Social and Economic Rights in Africa

International and Public Law Perspectives

Nsongurua Udombana

$263

Hardback

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English
Routledge
17 April 2023
Social and economic rights have hitherto been marginalised in mainstream legal and political discourses and treated as second-class citizens in the human rights family. These rights are now receiving increasing attention in law and politics, arguably because they raise existential questions on human security and dignity. This one-stop volume examines the international and public law perspectives on socio-economic rights in Africa. Working on the premise that these rights are normative and justiciable, the author methodically and expertly examines the legal frameworks for their protection in global, regional, and national instruments, infusing the analysis with African and comparative jurisprudence. The author also examines the nature of obligations on these rights as well as the interpretive methodologies that should be deployed towards their realisation. In blending theory with practice, the book also reflects on some governance challenges that continue to hobble the effective realisation of these rights in Africa. The book is a seminal contribution on an important field, an ideal companion for human rights practitioners, international and constitutional lawyers, judges, government advisors, students, social workers, and everyone who desires ‘freedom from fear and want’.
By:  
Imprint:   Routledge
Country of Publication:   United Kingdom
Dimensions:   Height: 234mm,  Width: 156mm, 
Weight:   784g
ISBN:   9781032412818
ISBN 10:   103241281X
Series:   Routledge Studies on Law in Africa
Pages:   284
Publication Date:  
Audience:   College/higher education ,  Professional and scholarly ,  Primary ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
Foreword Preface Acknowledgements Abbreviations Chapter 1 GENERAL INTRODUCTION Hypothesis Structure Methodology Chapter 2 SOCIO-ECONOMIC RIGHTS AS NORMATIVE AND JUSTICIABLE STANDARDS Introduction The Problematic The Dialectics A Synthesis Conclusion Chapter 3 AFRICA IN THE UNITED NATIONS’ SOCIO-ECONOMIC RIGHTS FRAMEWORK Introduction ‘In Larger Freedom’ The Modern Magna Carta The Human Rights Covenants Other Specialised Treaties Conclusion Chapter 4 SOCIO-ECONOMIC RIGHTS IN REGIONAL AFRICA Introduction Decades of Standard Setting Interrogating Rights Conclusion Chapter 5 CONSTITUTIONALISING SOCIO-ECONOMIC RIGHTS Introduction Constitutionalising Rights Some Thematic Analysis Conclusion Chapter 6 THE CONCEPTS OF OBLIGATIONS AND ‘MINIMUM CORE’ Introduction States Obligations in International Law States Obligations in Municipal Law Typology of Obligations Progressive Realisation and the ‘Minimum Core’ The ‘Good Faith’ Principle Conclusion Chapter 7 INTERPRETING SOCIO-ECONOMIC RIGHTS Introduction The Judicial Function Interpretive Methodologies Limits of Judicial Function Conclusion Chapter 8 MAKING SOCIO-ECONOMIC RIGHTS WORK Summary From Vision to Reality Conclusion: ‘Moonglow’ Bibliography Index

Nsongurua Udombana is Professor of Public International Law and, presently, affi liates with Topfaith University, Nigeria. He obtained the degrees of Bachelor of Laws (LLB) and Master of Laws (LLM) at the University of Lagos, and Doctor Legum (LLD) at the University of South Africa. A fellow of the Chartered Institute of Arbitrators (FCArb), Professor Udombana has been a member of the Nigerian Bar since 1989, besides membership of other professional bodies. He previously taught at Central European University (CEU), Budapest; York University, Ontario; and in several African universities, including the University of Lagos and Babcock University, both in Nigeria, and the University of Pretoria, as well as the Open University of Tanzania. A Genest Global scholar of the Osgoode Hall Law School for 2011–2012, Professor Udombana was formerly Director, CEU Centre for Human Rights; Dean of Law, University of Uyo, Nigeria; pioneer Pro-Chancellor, Ritman University, Nigeria; and member of Nigeria’s National Conference in 2014. He writes and publishes on international law themes, with an Afrocentric perspective. He is a widely read scholar.

Reviews for Social and Economic Rights in Africa: International and Public Law Perspectives

'Professor Udombana has authored a profoundly in-depth contribution to the global conversation around socio-economic rights. Charged with intellectual rigour and scholarly passion, Socio-economic Rights in Africa is an essential reading on an oft-neglected aspect of development thought and praxis. I highly recommend it'. - H.E. Professor Yemi Osinbajo, SAN, Vice President, Federal Republic of Nigeria 'Professor Udombana is a leading and widely-read scholar on the African human rights system. In this latest addition to his impressive canons, he uses a broad brush to paint the legal landscape on Socio-economic Rights in Africa. The book is a rich resource for the human rights community'. - Hon. Remy N. Lumbu, Chairperson, African Commission on Human and Peoples' Rights


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