A Constitutional Law Guide Towards Understanding Zimbabwes Fundamental Socio Economic And Cultural Human Rights

Socio-economic inequality is deeply rooted in Zimbabwe due to a number of factors. One of the main factors is the exclusion of socio-economic rights as justiciable under the now repealed Lancaster House Constitution (LHC). A plethora of excessive bureaucratic actions in a number of instances left many people stranded without the recourse to the law, particularly without protection by the Constitution. To correct this historic anomaly, the 2013 Constitution was enacted. The 2013 Constitution protects both civil and political rights and socio-economic rights in the same way as justiciable rights. This provides the highest degree of interdependence and interrelatedness of all rights in the domestic legal order. In order to ensure that socio-economic rights are effectively protected and enforced, this study identifies and discusses the framework for protecting socio-economic rights under the 2013 Constitution. Firstly, the specific rights protected under the Constitution and the obligations imposed by these rights are presented. Secondly, the role of the courts in the protection of socio-economic rights is discussed. Further, some of the major conceptual and practical challenges that are likely to arise in the adjudication of socio-economic rights are identified. In this regard, the study attempts to present solutions meant to overcome the conceptual and practical challenges that are faced in the enforcement of socio-economic rights. Furthermore, this study argues that strictly adopting one of the two models of review, namely either the reasonableness approach as adopted by South African courts or the minimum core approach as expounded by the United Nations Committee on Economic Social and Cultural Rights (CESCR), will inhibit the proper enforcement of the protected rights. Therefore, courts should consider adopting an integrated model that includes both approaches to ensure that socio-economic rights are effectively protected and realised.

This book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwe’s widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. Due to this, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the new government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands.

The golden thread that cuts across the various chapters of the book is the emphasis that good constitutions anchor certain tenets that have garnered recognition as hallmarks of democratic dispensation. These hallmarks include the concept of separation of powers; the doctrine of the rule of law; constitutionalism and human rights. These attributes have largely been secured by the 2010 Constitution. Thus, this book is expected to contribute to this new promise by making knowledge on the Constitution accessible through breaking down and contextualising its provisions. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order.

The Handbook is a comprehensive account of over a decade of South African Bill of Rights jurisprudence. The extensive detail of the Handbook and its coverage of all aspects of Bill of Rights jurisprudence and practice have made it a standard reference work for this important area of law. The book has been thoroughly revised for the fifth edition, in particular to cover developments in the areas of application, constitutional jurisdiction and remedies and the emerging jurisprudence on the positive duties imposed by the Bill of Rights.

"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

As an instrument which addresses the circumstances which affect women's lives and enjoyment of rights in a diverse world, the CEDAW is slowly but surely making its mark on the development of international and national law. Using national case studies from South Asia, Southern Africa, Australia, Canada and Northern Europe, Women's Human Rights examines the potential and actual added value of the Convention on the Elimination of All Forms of Discrimination against Women in comparison and interaction with other equality and anti-discrimination mechanisms. The studies demonstrate how state and non-state actors have invoked, adopted or resisted the CEDAW and related instruments in different legal, political, economic and socio-cultural contexts, and how the various international, regional and national regimes have drawn inspiration and learned from each other.

This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.