Marginality of economic and social rights 2016, para. 44
Paragraph- Paragraph text
- First, constitutional recognition on its own means relatively little in practical terms. Hence the distinction drawn by Katharine Young between constitutionalizing and constituting economic and social rights, according to which the latter goes well beyond constitutional recognition, to require that the rights are actually effective within the legal system. For example, a study on the right to health in Africa begins by celebrating the fact that "from Africa to Asia, Europe and even South America, cases relating to the violation of the right to health are constantly being brought before the courts". Yet, in the study it is shown that, in the African context, South Africa is the only country in which there has been systematic litigation of this sort. Malcolm Langford was correct when he observed that, "the scope for formal judicial review of ESC rights is rather limited outside the use of civil rights or international mechanisms".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Paragraph type
- Other
- Paragraph number
- 44
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