Vindicating Socio-Economic Rights

This book explores the judicial enforcement of socio-economic rights, arguing that courts can effectively uphold these rights while respecting the separation of powers, drawing on examples from various countries.

Vindicating Socio-Economic Rights explores the ongoing challenges and perceptions surrounding the enforcement of socio-economic rights within the broader human rights framework. Despite the universal acknowledgment of the indivisibility and equal importance of all human rights, socio-economic rights often remain undervalued and neglected, likened to the Cinderella of human rights. This neglect is particularly evident in constitutional democracies, where there is generally a reluctance to formally recognize and enforce these rights in the judicial system. A key concern driving this hesitance is the fear that enforcing socio-economic rights may conflict with the doctrine of separation of powers.

The author examines various international jurisdictions, including South Africa, India, Canada, and Ireland, to illustrate how courts can effectively uphold socio-economic rights while still respecting the roles of elected branches of government. By analyzing these comparative experiences, the book seeks to challenge the prevailing argument against judicial enforcement, proposing that courts can indeed play a significant role in protecting these rights without overstepping their boundaries.

Additionally, the text discusses the implications of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and its potential impact on socio-economic rights jurisprudence. It also delves into the Mazibuko decision in South Africa, highlighting its significance in shaping the country's approach to socio-economic rights. Ultimately, the book aims to establish a balanced framework for the adjudication of socio-economic rights that honors both judicial involvement and the essential functions of democratic governance.