Principles and Guidelines on the Implementation of Economic, Social an Cultural Rights in the African Charter on Human and People's Rights
In November 2010 the African Commission on Human and Peoples' Rights adopted the the Principles and Guidelines on the Interpretation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples’ Rights. The Commision adopted the guidelines at their 48th sessions and you may click on the attachment below to view the full set of Principles and Guidelines below.
The Principles and Guidelines Table of Contents is provided below as a summary of the material and corresponding pages that can be viewed within the document. To view the full text, please see the attached Microsoft Word document below.
LIST OF ACRONYMS. 2
TABLE OF CONTENTS. page 3
Preamble. page 6
PART I: INTERPRETATION. page 8
PART II: NATURE OF MEMBER STATES’ OBLIGATIONS. page 10
Obligation to Take Measures to Ensure Enjoyment of Economic, Social and Cultural Rights. page 10
Obligations to Respect, Protect, Promote and Fulfil. page 11
Obligation to respect page. 11
Obligation to protect page. 11
Obligation to promote. page 11
Obligation to fulfil page. 11
Resources and Progressive Realisation. page 12
Immediate Obligations Regarding the Implementation of Economic, Social and Cultural Rights. page 13
Minimum Core Obligations. page 13
Obligation to Take Steps. page 13
G. Non-discrimination. page 13
Presumption against Retrogressive Measures. page 14
Effective Domestic Remedies. page 14
Designing and Implementing a National Policy. page 15
PART III: OTHER KEY OBLIGATIONS. page 16
Equality. page 16
International Cooperation. page 17
Right to Self-determination of Peoples. page 17
Engaging with and Respecting the Rights of Civil Society. page 18
National Human Rights Institutions. page 18
State Party Reporting. page 18
PART IV: ECONOMIC, SOCIAL AND CULTURAL RIGHTS ENSHRINED IN THE AFRICAN CHARTER. page 19
Right to Property. page 19
Vulnerable Groups, Equality and Non-Discrimination. page 20
Right to Work (Article 15). page 21
Minimum Core Obligations. page 21
National Plans, Policies and Systems. page 21
Vulnerable Groups, Equality and Non-discrimination. page 22
Right to Health (Article 16). page 24
Minimum Core Obligations. page 24
National Plans, Policies and Systems. page 24
Cross-cutting Obligations. page 26
Vulnerable Groups, Equality and Non-Discrimination. page 26
Disease Specific Obligations. page 28
Malaria. page 29
HIV/AIDS, Tuberculosis, and other infectious diseases. page 30
Other Significant Diseases. page 32
Sexual and Reproductive Health. page 32
Right to Education (Article 17). page 34
Minimum Core Obligations. page 34
National Plans, Policies and Systems. page 34
Vulnerable Groups, Equality and Non-discrimination. page 36
Right to Culture. page 38
National Plans, Policies and Systems. page 38
Vulnerable Groups, Equality and Non-discrimination. page 39
Right to Housing (Articles 14, 16 and 18(1)). page 40
Minimum Core Obligations. page 40
National Plans, Policies and Systems. page. 40
Vulnerable Groups, Equality and Non-discrimination. page 41
Evictions. page 42
Right to Social Security (Articles 4, 5, 6, 15; 16; 18(1), (2) and (4)). page 45
Minimum Core Obligations. page 45
National Plans, Policies and Systems. page 45
Vulnerable Groups, Equality and Non-discrimination. page 46
Right to Food (articles 4, 16 and 22). page 48
Minimum Core Obligations. page 48
National Plans, Policies and Systems. paeg 48
Vulnerable Groups, Equality and Non Discrimination. page 50
Right to Water and Sanitation (Articles 4, 5, 15, 16, 22 and 24). page 51
Minimum Core Obligations. page 51
National Plans, Policies and Systems. page 51
Vulnerable Groups, Equality and Non Discrimination. page 53
Right to Protection of the Family. page 55
Minimum Core Obligations. page 55
National Plans, Policies and Systems. page 55
Vulnerable Groups, Equality and Non Discrimination. page 55
Equality of Spouses. page 55
Children. page 56