Inclusion by exclusion? an assessment on justiciability of socio-economic rights under the 2005 interim national constitution of the sudan
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Date
2008
Authors
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Publisher
University of the Western Cape
Abstract
This research is an attempt to ascertain whether or not socio-economic rights provided for in the
International Covenant on Economic, Social and Cultural Rights(CESCR), ( and by implication all
other international human rights instruments ratified by the Sudan) are justiciable and enforceable
before the courts in the Sudan. The concern to determine the legal status of these rights in the
Sudan is informed by the fact that, whereas section 27 (3), the find and the founding section of the
Sudan Bill of Rights incorporates all international human rights instruments and maybes them an
integral part of a justiciable and enforceable Bill of Rights; section 22 which is the last section to the
Guiding Principles and Directives, ousts the jurisdiction of the court with respect to socio-economic
rights provided for In that chapter. Incidentally, socio-economic rights provided for under the
Guiding Principles and Directives chapter, are equally contained in the CESCR. This creates a legal
tension between these two sections, leading to reasonable uncertainty. This world resolves this
tension in favour of the justiciability of all socio-economic rights provided for in the CESCR
notwithstanding the fact that they are contained in the Guiding Principles and Directives chapter.
Proceeding on this premise, the author proposes a theoretical framework for the justiciability of
socio-economic rights that combines the South Africa's reasonableness test to enforcing SER with the
minimum core approach of the Committee on ESCR for the Sudan.
Description
Magister Legum - LLM
Keywords
inclusion, exclusion, socio-economic, national constitution, sudan, rigths