Principles and Guidelines on the Implementation of Economic, Social an Cultural Rights in the African Charter on Human and People's Rights

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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.  

TABLE OF CONTENTS

 

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. 55

Children. page 56. 56

 

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