The Development of Economic, Social and Cultural Rights under the African Charter on Human and Peoples’ Rights by the African Commission on Human and Peoples’ Rights

Abstract

During the last thirty years the African Commission on Human and Peoples’ Rights (African Commission) has decided several communications on economic, social and cultural (esc) rights protected under the African Charter on Human and Peoples’ Rights (African Charter). While the Commission was initially reluctant to develop the content of these rights, it has since 2001 been developing, at an expanding pace, the scope, content and nature of state obligations under African Charter to respect, protect and fulfil esc rights. This article seeks to provide a critical analysis of the burgeoning case law concerning the development of esc rights by the African Commission and the legal impact thus far it has had on the enjoyment of esc rights in Africa, encompassing rights of hitherto marginalised and excluded individuals and groups, a topic which is relatively given less attention in the existing literature. The article examines the legal bases and content of key communications decided by the African Commission. Conclusions are then drawn concerning the reasons for the development of esc rights obligations by the African Commission and areas of potential clarification and expansion are identified.