Abstract
The aim of this paper is to illustrate that courts play an important role in the domestic protection of socio-economic rights. In order to ensure that socio-economic rights are effectively protected and enforced, this paper identifies and discusses the framework for protecting socio-economic rights under the 2013 Constitution. The paper discusses the role of the courts in the domestic framework for protecting socio-economic rights under the 2013 Constitution. Secondly, the study discusses the role of the courts in the protection of socio-economic rights. The paper further identifies some of the major conceptual and practical challenges that are likely to arise in the adjudication of socio-economic rights. In that regard, the study attempts to come up with solutions meant to overcome the conceptual and practical challenges that are faced in the enforcement of socio-economic rights. For example, instead of adopting a purely legal-centric approach in interpreting socio-economic rights, it is suggested that courts should adopt a multidisciplinary approach taking into account founding values, historical background, political background, international human rights law norms and comparative law.
Highlights
It is widely accepted that without legal enforceability mechanisms, socio-economic rights amount to no more than pragmatic ideals (Wiles 2006:35-64)
The inclusion of socio-economic rights under the Constitution fulfils the legislative obligation imposed by the International Covenant of Economic Social and Cultural Rights and the Banjul Charter on Zimbabwe as a state party
Zimbabwe sought to set up a framework to ensure socio-economic rights in the Constitution are promoted and protected, where necessary proper redress is provided
Summary
It is widely accepted that without legal enforceability mechanisms, socio-economic rights amount to no more than pragmatic ideals (Wiles 2006:35-64). The judicial enforcement of socioeconomic rights is a powerful indication that the Constitution’s vision goes beyond merely guaranteeing abstract equality – rather courts must ensure that these rights become a reality It is the vision of the Constitution to ensure democracy, transparency, accountability, good governance and the rule of law (Constitution 2013: section 3). It is beyond the scope of this article to engage in a comprehensive comparative analysis, reference will be made to the judicial enforcement of socio-economic rights under the 1996 South African Constitution. This is because the judiciary in that country has played a significant. The third section discusses another conceptual and practical challenge in the socio-economic rights discourse, the remedial framework in adjudicating socio-economic rights
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