Protection of socio-economic rights in Zimbabwe. A critical assessment of the domestic framework under the 2013 Constitution of Zimbabwe
(Sprache: Englisch)
Socio-economic inequality is deeply rooted in Zimbabwe due to a number of factors. One of the main factors is the exclusion of socio-economic rights as justiciable under the now repealed Lancaster House Constitution (LHC). A plethora of excessive...
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Socio-economic inequality is deeply rooted in Zimbabwe due to a number of factors. One of the main factors is the exclusion of socio-economic rights as justiciable under the now repealed Lancaster House Constitution (LHC). A plethora of excessive bureaucratic actions in a number of instances left many people stranded without the recourse to the law, particularly without protection by the Constitution. To correct this historic anomaly, the 2013 Constitution was enacted. The 2013 Constitution protects both civil and political rights and socio-economic rights in the same way as justiciable rights. This provides the highest degree of interdependence and interrelatedness of all rights in the domestic legal order.In order to ensure that socio-economic rights are effectively protected and enforced, this study identifies and discusses the framework for protecting socio-economic rights under the 2013 Constitution. Firstly, the specific rights protected under the Constitution and the obligations imposed by these rights are presented. Secondly, the role of the courts in the protection of socio-economic rights is discussed. Further, some of the major conceptual and practical challenges that are likely to arise in the adjudication of socio-economic rights are identified. In this regard, the study attempts to present solutions meant to overcome the conceptual and practical challenges that are faced in the enforcement of socio-economic rights. Furthermore, this study argues that strictly adopting one of the two models of review, namely either the reasonableness approach as adopted by South African courts or the minimum core approach as expounded by the United Nations Committee on Economic Social and Cultural Rights (CESCR), will inhibit the proper enforcement of the protected rights. Therefore, courts should consider adopting an integrated model that includes both approaches to ensure that socio-economic rights are effectively protected and realised.
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Text Sample:Chapter 2: The Socio-Economic Rights Protected under the 2013 Constitution of Zimbabwe:
Introduction:
The Universal Declaration of Human Rights (UDHR) provides for interdependence and interrelatedness of all human rights by incorporating both socio-economic rights, and civil and political rights in the same instrument. Thus, human rights law includes all socio-economic rights, as well as civil and political rights such as the right to freedom of speech and the right to a fair trial. All rights are deeply intertwined, for example, the right to freedom of expression means little without a basic or elementary education, and the right to vote means little in the face of starvation. In the same accord, it can be argued that the right to work means little if people are not allowed to meet and assemble in groups to discuss working conditions. Civil and political rights and socio-economic rights are interrelated, indivisible and interdependent and must be given the same means of protection in a democratic society based on human dignity, equality and freedom. The 2013 Constitution in the similar vein as the UDHR protects socio-economic rights as well as civil and political rights in the same manner.
Zimbabwe's independence Constitution, the Lancaster House Constitution (LHC) did not provide for socio-economic rights. Even though it was fundamentally weak on socioeconomic rights matters, the LHC made a strong commitment to civil liberties and political rights that could have been interpreted to protect and realise socio-economic rights. Unlike India where the judiciary extended civil and political rights to protect socio-economic rights, this was not the case in Zimbabwe. The new Constitution (2013 Constitution) corrects this anomaly of neglecting socio-economic rights by firmly protecting these rights in the same manner as civil and political rights. Furthermore, the 2013 Constitution creates a framework through which these rights may be protected.
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Therefore, it is the principal aim of this chapter to discuss the constitutional protection of socio-economic rights under the 2013 Constitution of Zimbabwe.
This chapter is divided into sections. The first section discusses the legislative framework that was designed to protect socio-economic rights in Zimbabwe before their constitutional protection. This helps to give a historical background and a better perspective regarding the protection of such rights under the Constitution. The second section which is part of the main aim of this section explores the obligations imposed by socio-economic rights in the 2013 Constitution. The final section discusses the specific core set of socio-economic rights protected under the Constitution focusing on the nature and content of these rights, followed by the conclusion.
Conspicuous under the LHC era, despite the neglect of socio-economic rights in that Constitution, is that, the government put in place a number of legislative and policy measures relating to social security, education, housing, labour, health and water. Perhaps what was lacking and missing was a strong human rights perspective and basis for these social measures. The language used in the legislative framework was not a rights language. Such legislative measures however, were broadly formulated limiting the manner in which individuals could claim these measures as rights in a court of law. In fact, the range of these legislative measures was part of Zimbabwe's social policies due to the socialist ideology of the government of the day. The relevant pieces of legislation included the National Social Security Authority Act 12/1989, the Social Welfare Assistance Act 10/1988, the Education Act 5/1987, the Labour Act 16/1985, the Medical Services Act 27/1998, the Public Health Act 19/1924, the Water Act 31/1998, the Housing Standards Control Act 29/1972, and the Urban Councils Act 21/1997. However, such legislative measures were not in themselves enough to ensure the full
This chapter is divided into sections. The first section discusses the legislative framework that was designed to protect socio-economic rights in Zimbabwe before their constitutional protection. This helps to give a historical background and a better perspective regarding the protection of such rights under the Constitution. The second section which is part of the main aim of this section explores the obligations imposed by socio-economic rights in the 2013 Constitution. The final section discusses the specific core set of socio-economic rights protected under the Constitution focusing on the nature and content of these rights, followed by the conclusion.
Conspicuous under the LHC era, despite the neglect of socio-economic rights in that Constitution, is that, the government put in place a number of legislative and policy measures relating to social security, education, housing, labour, health and water. Perhaps what was lacking and missing was a strong human rights perspective and basis for these social measures. The language used in the legislative framework was not a rights language. Such legislative measures however, were broadly formulated limiting the manner in which individuals could claim these measures as rights in a court of law. In fact, the range of these legislative measures was part of Zimbabwe's social policies due to the socialist ideology of the government of the day. The relevant pieces of legislation included the National Social Security Authority Act 12/1989, the Social Welfare Assistance Act 10/1988, the Education Act 5/1987, the Labour Act 16/1985, the Medical Services Act 27/1998, the Public Health Act 19/1924, the Water Act 31/1998, the Housing Standards Control Act 29/1972, and the Urban Councils Act 21/1997. However, such legislative measures were not in themselves enough to ensure the full
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Autoren-Porträt von Ntandokayise Ndhlovu
Ntandokayise Ndhlovu holds a Master's degree in Human Rights Law and a Bachelor of Laws (cum laude) from the University of Forthare, Nelson R. Mandela School of Law. Currently, he is a doctoral candidate in law, specialising in children's rights. He has attended a number of seminars and short courses, including the Civil Society Law in Africa and Children's Rights Course in Africa, both organised by the Centre for Human Rights, University of Pretoria. He was a time-on-task lecturer in the Nelson R Mandela School of Law in 2014-2015, teaching a number of modules, including Administrative Law, Legal Research and Writing, Juridical Interpretation and Labour Law. His research interests are in International Law, Human Rights Law, Socio-Economic Rights, Children's Rights, Education and International Criminal Law.
Bibliographische Angaben
- Autor: Ntandokayise Ndhlovu
- 2016, 100 Seiten, Maße: 15,5 x 22 cm, Kartoniert (TB), Englisch
- Verlag: Anchor Academic Publishing
- ISBN-10: 3960670524
- ISBN-13: 9783960670520
Sprache:
Englisch
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