The African system

Abstract

The African regional human rights system gives prominence to the socio-economic well-being of African people, which can be achieved through, among others, the recognition and enforcement of economic, social and cultural rights (ESCR). One of its unique features is its recognition of ESCR alongside civil and political rights and peoples’ rights, and with the same enforcement mechanisms. This chapter provides an overview of the normative frameworks on ESCR and the mechanisms relevant to their enforcement in the African human rights system. It begins with the evolution of ESCR at the African regional level. Thereafter, the chapter provides an overview of the specific ESCR recognized in key African regional human rights treaties and the correlating general state obligations, as well as the key regional mechanisms relevant to their enforcement. Despite the commendable normative frameworks on ESCR and the existence of mechanisms to ensure their effective enjoyment, poverty, underdevelopment, ongoing conflicts and inadequate implementation, among other challenges, limit the ability of people to enjoy the protected ESCR. Hence, the chapter also identifies some of the challenges that need to be addressed to ensure attainment of the great promise that the African human rights system holds for the realisation of justiciable ESCR.