The justiciability of economic, social and cultural rights

The Daily Observer, Gambia writes on March 17, 2006, by Isatou Alwar Graham :

The realization of ESCR

The realization of the ESCR requires an interaction of policies in numerous sectors, institutions and entitlements. There is no one way to provide for the rights.

Co-Authors Women Writing Africa West Africa and The Sahel Vol (2

Thus, the right to education, as it is guaranteed in article 13 of the Covenant on Economic, Social and Cultural Rights, is the most outstanding example of the ‘cultural rights’ category, it is implicit and flows from the right to life and that a child has a fundamental right to free education at the primary level.

  • - The question one needs to ask is, what are the main challenges to fulfilment of the right?
  • - Who has the obligation to protect or fulfil the right?
  • - In whom does the right inhere?
  • - Curbing corruption and promoting good governance & accountability.
  • - Long-term planning for the implementation of ESCR.
  • - Poverty eradication
  • - The ability of government to achieve meaningful development.
  • - The Notion of priority.

(Read the rest of this very long article on the Daily Observer, Gambia).

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