The challenges to the enforcement of economic, social and cultural rights in the united republic of Tanzania: A critical analysis
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Date
2013
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Mzumbe Unversity
Abstract
Challenges to the enforcement of social economic rights exist where individuals cannot enjoy their social economic rights which they acquire by virtue of being human .These rights include the right to health services, to education, to work, to fair remuneration, to decent housing and adequate food. These rights are integral in international human rights documents, forming an integral part of the Universal Declaration of Human Rights, 1948, the International Covenant of Economic, Social and Cultural Rights (ICESCR), 1966 and Optional Protocol to ICESCR, 2008. However problem comes where this indivisible bundle of rights cannot be put into practice in the Tanzanian context, its factors being the non realization of these rights in the National Constitution. Thus, the foregoing incited the researcher to undertake this study to look into the challenges which put hindrance to the justiciability of social economic rights in Tanzania; in critical perspective. The general objective of this research is to examine challenges facing the enforcement and justiciability of the Economic Social and Cultural rights in Tanzania. In conducting the research, the researcher examined the relevant documents and materials and through interview and questionnaires to seek answers to the research questions on the challenges on the enforcement of social economic right, and the possibility of making social economic rights justiciable in the United Republic of Tanzania. The study reveals findings which range from the adequate provisions of social economic rights in the constitution of United Republic of Tanzania 1977, lack of effectiveness in the side of judiciary in the enforcement of social economic rights which caused by adequate provisions of social economic rights and in-sensitiveness of social economic rights by the decision makers, lack of effectiveness in the Commission of Human Right and Good Governance, which associated with the lack of legal binding decision of the Commission. It is therefore recommended that, Tanzania should incorporate the full content of social economic rights in its bill of right to give guarantee of protection and enjoyment of social economic rights to the individuals.
Description
A dissertation submitted in partial fulfillment of requirements for award of the degree of Master of Laws of the Mzumbe University.
Keywords
Development rights, Economic rights, Legal enforcement, Cultural rights in Tanzania, Social economic rights-Tanzania
Citation
APA