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Reclaiming Humanity: Economic, Social and Cultural Rights as the Cornerstone of African Human Rights

Shedrack C. Agbakwa

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Abstract

This Article argues that economic, social, and cultural rights are the key\nto effectively realizing human rights in Africa. It contends that human\nrights discourse on the indivisible bundle of rights must be put into\npractice in the African context, where these rights are people's primary\nmeans of self-defense. First, the Article argues that African governments'\nfailure to enthrone enforceable socio-economic rights compromises civil\nand political rights. It then examines the inextricable link between these\nrights and development, arguing that there is no justification for\ndiscriminatory enforcement of human rights. The Article addresses\nfactors inhibiting the realization of these rights. It highlights the broad\nconsequences of the continued marginalization of socio-economic rights.\nFinally, it urges a rejection of the Western model and explores approaches\nto improve the fortunes of these rights. It concludes that selective\nenforcement of human rights in the context of worsening social, economic,\ncivil, and political conditions is a heedless truncation of humanity.

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This Article argues that economic, social, and cultural rights are the key\nto effectively realizing human rights in Africa. It contends that human\nrights discourse on the indivisible bundle of rights must be put into\npractice in the African context, where these rights are people's primary\nmeans of self-defense. First, the Article argues that African governments'\nfailure to enthrone enforceable socio-economic rights compromises civil\nand political rights. It then examines the inextricable link between these\nrights and development, arguing that there is no justification for\ndiscriminatory enforcement of human rights. The Article addresses\nfactors inhibiting the realization of these rights. It highlights the broad\nconsequences of the continued marginalization of socio-economic rights.\nFinally, it urges a rejection of the Western model and explores approaches\nto improve the fortunes of these rights. It concludes that selective\nenforcement of human rights in the context of worsening social, economic,\ncivil, and political conditions is a heedless truncation of humanity.

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Available abstract

This Article argues that economic, social, and cultural rights are the key\nto effectively realizing human rights in Africa. It contends that human\nrights discourse on the indivisible bundle of rights must be put into\npractice in the African context, where these rights are people's primary\nmeans of self-defense. First, the Article argues that African governments'\nfailure to enthrone enforceable socio-economic rights compromises civil\nand political rights. It then examines the inextricable link between these\nrights and development, arguing that there is no justification for\ndiscriminatory enforcement of human rights. The Article addresses\nfactors inhibiting the realization of these rights. It highlights the broad\nconsequences of the continued marginalization of socio-economic rights.\nFinally, it urges a rejection of the Western model and explores approaches\nto improve the fortunes of these rights. It concludes that selective\nenforcement of human rights in the context of worsening social, economic,\ncivil, and political conditions is a heedless truncation of humanity.

Key concepts: Human rights, Right to property, International human rights law, Cultural rights, Political science, Fundamental rights, Linguistic rights, Rights of Nature

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