Implementation of Economic Social and Cultural Rights under the African Charter on Human & Peoples Rights

Abstract

The logic behind an affluent execution and imposition of Economic social and cultural rights are covered by the African Charter . As per Odinkalu , economic social and cultural rights must come under the African Charter on Human and Peoples’ Rights . It should have the power to defeat three hurdles are pessimism, History and Ideology’. [1] There are many challenges continuously arising regarding the issue of the rights in question as it is full of summons . Some critics are calling it full of ambitions only. Moreover, there are many evidences that the economic social and cultural rights cannot be administered through legal ways. However , cases like the SERAC case of the Ogoni people in Nigeria have countered this notion while noting that Economic social and cultural rights are indeed capable of imposing obligations of both a positive and negative nature on states and that adjudicative bodies could determine violations of these Rights. This essay assesses to what extent mainly the prospects and challenges faced while doing applications . Practices and Procedures will be assessed and to what extent the Charter really affords adequate protection by ensuring enforcement of these Rights. lacunas in the law such as the claw back mechanisms will be discussed at and how these gaps could be bridged. The essay also assesses the challenges faced by the institutional mechanisms in implementing and enforcing these rights. The essay will also examine the link between the main players in the African Human Rights system and how they interrelate.