Analysis of paralysis or paralysis by analysis? Implementing economic, social, and cultural rights under the African charter on human and peoples' rights
Analysis of paralysis or paralysis by analysis? Implementing economic, social, and cultural rights under the African charter on human and peoples' rights
The analysis indicates the outlines of an interesting philosophy for implementing economic, social, and cultural rights under the African Charter. Taking its bearing from the integrated normative framework that the Charter embodies, the Commission is inclined to see human rights as an interconnected set of obligations. The notion of and right to respect for human dignity easily emerges as the foundational value and right in the African Charter. <sup>244</sup> It has correctly been said that <inf>r</inf>espect for human dignity is a value implicit in almost all the rights enumerated in the Universal Declaration as it must be in any order based on human rights.<inf> </inf><sup>245</sup> The Charter, unlike any of the international covenants or regional instruments, recognizes "respect of the dignity inherent in the human person" as a distinct right. <sup>246</sup> This simple idea achieves the radical consequence of breaking down the dichotomies and artificial barriers imposed on the implementation of economic, social, and cultural rights, for respect for human dignity is a primordial value incapable of being pigeonholed into any artificial category of rights. Violations of this precept therefore constitute violations of the Charter attracting legal consequences that must be redressed like any others. This realization opens up vast and arguably unique possibilities for implementing economic, social, and cultural rights under the African regional human rights system.
Copy CitationOdinkalu, C. A. (2001). Analysis of paralysis or paralysis by analysis? Implementing economic, social, and cultural rights under the African charter on human and peoples' rights. Human Rights Quarterly, 23(2), 327-369. doi:10.1353/hrq.2001.0022Copied to clipboard.