Socio-Economic Rights Project (SERP)
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The Socio-Economic Rights Project, which focuses on the realization of the socio-economic rights of groups and communities living in poverty.
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Browsing by Subject "African Commission"
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Item African Commission reaffirms protection of socio-economic rights in the African Charter(ESR Review : Economic and Social Rights in South Africa, 2010) Chenwi, LilianIn July 2010, the ruling of the African Commission on Human and Peoples' Rights (African Commission) in relation to communications 279/03 and 296/05 was made public, the decision having been adopted in May 2009. The communications were submitted by the Sudan Human Rights Organisation (SHRO) and the Centre on Housing Rights and Evictions (COHRE), respectively, against the Sudan government. However, because the applicants in the SHRO case did not appear before the African Commission on the merits, the Commission considered and decided only the COHRE case on the merits.Item The African Women's Protocol and sexual rights(The International Journal of Human Rights, 2014-11) Ebenezer, Durojaye; Lucyline Nkatha, Murungi‘Sexual rights’ are defined to include the rights of all persons free of coercion, violence and discrimination to the highest attainable standards of sexual health, including access to sexual and reproductive health care services. The entry point for the notion of sexual rights in the international community was the World Conference on Human Rights in Vienna. The conference affirmed for the first time that acts of violence against women impair and nullify the enjoyment of their rights and freedoms. Subsequent global and regional forums have since contributed to the understanding of ‘sexual rights’ as human rights issues. Article 14 of the African Women’s Protocol builds upon these gains and enhances the sexual rights discourse in several ways; the article pioneered the inclusion of ‘sexual rights’ in a human rights instrument, and recognises the link between women’s sexuality, their dignity, and other rights. A purposive and holistic interpretation of the article is crucial to the advancement of the sexual rights of girls and women in Africa.Item An appraisal of international law mechanisms for litigating socio-economic rights, with a particular focus on the optional protocol to the international covenant on economic, social and cultural rights and the African Commission and Court(Stellenbosch Law Review, 2011) Chenwi, LilianLitigation of socio-economic rights at international level is a viable option where access to justice at the national level is unattainable. International law mechanisms for litigating these rights are therefore useful for marginalised groups and people living in poverty. This is also based on the important role of these mechanisms in ensuring that States meet the obligations they have committed to in human rights treaties, and provide effective remedies in cases of violations. This article assesses, taking into consideration some broad principles, the international law mechanisms for litigating socio-economic rights at the UN and African regional levels, particularly the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights ("OP-ICESCR") and the African Court on Human and Peoples' Rights and the African Commission on Human and Peoples' Rights complaints mechanisms. The article illustrates that while these mechanisms have the potential to advance the rights of the poor and marginalised, and in some case have been successful in doing so, they are not without drawbacks that impact on their effectiveness.Item Parliaments and the MDGs(ESR Review : Economic and Social Rights in South Africa, 2010) Chenwi, LilianDuring the Millennium Development Goals (MDGs) summit that took place in New York from 20 to 22 September 2010, the Inter-Parliamentary Union (IPU) and the United Nations (UN) Millennium Campaign organised a meeting aimed at mobilising parliamentary support for MDG policies and plans.Item Reading the right to food into the African Charter on Human and Peoples' Rights : Africa's regional developments(ESR Review : Economic and Social Rights in South Africa, 2004) Mbazira, ChristopherThe African Charter on Human and Peoples’ Rights (the Charter) of 1981 is the principal regional instrument protecting human and peoples’ rights in Africa. It incorporates a wide range of socio-economic rights, including the rights to property, to work under favourable conditions and equal pay for equal work, to health, to education, family rights and the right to self-determination.Item The Special Rapporteur on the Rights of Women in Africa (SRRWA) 2007-2015(Gender & Behaviour, 2018-06) Ebenezer, DurojayeThe purpose of this article is to examine the progress recorded so far by this mechanism focusing on the period from 2007-2015. It focuses on the relevance and importance of the office of the SRRWA as a special mechanism of the African Commission. Since the SRRWA is a Commissioner of the African Commission, focus will be placed on some remarkable achievements made by the Commission relating to women’s rights during the stated period. Where necessary, the role of the Special Rapporteur will be highlighted and suggestions for the way forward provided.