ABSTRACT

This chapter provides a theoretical framework on the nature of socio-economic rights, focusing on their normativity and justiciability. It articulates some of the theoretical and practical prejudices against this class of rights, such as the assertion that they are incapable of meeting the purported criteria for recognition as real rights. The chapter examines the dialectics on these questions under four sub-themes: the divisibility, vagueness, separation of powers, and cost arguments. It concludes with a synthesis, reaffirming the indivisibility, interdependence, and normativity of all human rights. The chapter particularly notes the legal recognition of socio-economic rights under the African human rights architecture, including their enforcement by judicial and quasi-judicial bodies. It, however, reflects on some poor governance indices that continue to stunt the effective implementation of these rights, stressing that their marginalisation is working injustice on the most vulnerable groups in the society.