It’s frequently claimed that human rights–civil, political,
economic, social and cultural rights–are indivisible, and the
international community has declared the indivisibility,
interdependency, and interrelatedness of these rights to be beyond
dispute. Yet in practice socio-economic rights remain largely
neglected and ‘marginalized.’ Violations of civil and political
rights attract much more attention than violations of their
socio-economic and cultural counterparts.
In this comprehensive and incisive book, Femi Falana SAN sets
out to examine the legal treatment of socio-economic rights in
Nigeria, and the broader context in which the rights are defined,
understood, interpreted and implemented. As the book makes clear,
the lack of constitutional recognition of socio-economic rights has
continued to rob Nigerians of “one major instrument for monitoring
and controlling the conduct of those making public decisions on
their behalf.” Indeed, the framers of Nigeria’s constitutions have
historically failed to take human dignity and human need
seriously.
The 320-page book also highlights the contemporary challenges
obstructing the legal protection and enjoyment of these rights in
the country. The book challenges the notion that socio-economic
rights are not legally enforceable human rights, and sets out the
trends in the justiciability of the fundamental objectives and
directive principles of state policy enshrined in Chapter II of the
1999 Nigerian Constitution (as amended).
Human rights discourse in Africa, its preface explained, has
been “exploited by different groups at different historical epochs
to advance their class interests.” The author makes clear that “the
British government during colonial era failed to embrace the notion
of universality and indivisibility of human rights”, to the point
that the human rights of the people were observed more in the
breach than in their observance.
Although the British government subsequently ensured that
fundamental rights became a central feature of the Independence
Constitution of 1960, the move was merely to “secure the liberty of
aliens and protect the economic interests of foreign governments
and companies operating in Nigeria.” Nonetheless, Falana traced the
progress that has since been made through constitutional
development stages, starting with the recommendations in 1975 of
the Constitutional Drafting Committee to include “Fundamental
Objectives and Directive Principles of State Policy” in the 1979
Constitution and subsequent constitutions.
However, the ‘marginalization’ of socio-economic rights
continued because “the ruling class ensured that only civil and
political rights were included in chapter 4 of the Constitution as
justiciable”, thus leaving the victims of violations of
socio-economic rights without access to effective remedies.
To map and mirror this gradual evolution of laws and progressive
judicial decisions on socio-economic rights in Nigeria, the book
offers a comprehensive and nuanced account of specific
socio-economic rights, their legal and jurisprudential context and
how they have been and might be deployed.
Following the Introduction, there are twelve chapters, arranged
thematically and addressing topical socio-economic rights issues
such as the right to health; to education, and to work. Each
chapter cleverly analyses the contents of specific socio-economic
rights and corresponding obligations of Nigeria to protect,
respect, promote and fulfil the rights. Each chapter is very
thorough in its approach to the topic under discussion, analysing
and unpacking several applicable laws, treaties, and buttressing
them with decided cases and opinions of scholars.
Issues relating to the legal protection of the human rights of
women, children and people living with disability are also
thoroughly examined. In a bravura display of scholarship, he
demolishes the notion of ‘hierarchies of human rights’ and the
arguments that socio-economic rights are not justiciable,
convincingly making the case for the universality and
indivisibility of all human rights.
The book’s outstanding contribution lies in its detailed
examination of several legislation and case-law (that are not
easily found) relevant to the legal enforcement of socio-economic
rights in Nigeria. Falana’s range is impressively wide. He takes us
from the analysis of largely non-justiciable constitutional
provisions on socio-economic rights, through the commendable array
of legislation in the field, to Nigeria’s acceptance and
ratification of international and regional standards such as the
International Covenant on Economic, Social and Cultural Rights and
the African Charter on Human and Peoples’ Rights.
Along the way he shows how judicial attitudes slowly evolved
from ambivalence and rejection of socio-economic rights as human
rights, to acceptance of the rights, and progressive pronouncements
by local and regional courts. The key argument of the book is that
despite these shifts and positive changes, much more must be done
to “enhance the development of the contents of economic, social and
cultural rights by the courts and regional and international human
rights bodies”, if only to overcome “prejudices against these
rights.”
Furthermore, Falana points to the need for Nigeria to ratify the
Optional Protocol to the International Covenant on Economic, Social
and Cultural Rights, which allows individuals and groups whose
socio-economic rights are violated to access international
accountability mechanism in the form of the Committee on Economic,
Social and Cultural Rights, and advocates consistent use of public
interest litigation to promote legal reforms and “grant victims
access to effective remedies and make Chapter II of the 1999
Constitution [as amended] and applicable treaties a living and
daily reality for the disadvantaged and vulnerable sector of the
population.”
But these will count for nothing unless the government plays its
own part “by making sure that decisions and judgments of courts
relating to economic and social rights are fully and effectively
implemented.” This recommendation is important, especially given
the rather depressingly low record of the government’s compliance
with judgments of local and regional courts and decisions of
international human rights bodies.
The book includes five appendices: a snapshot of the
socio-economic rights guaranteed by the African Charter on Human
and Peoples’ Rights (Ratification and Enforcement) Act and Chapter
II of the Nigerian Constitution; a plethora of applicable national
legislation that are not easily found, as well as international
human rights and labour treaties to which Nigeria is a state party.
A comprehensive list of bibliography and an excellent index round
out this first-class work.
Overall, the book undoubtedly makes a profound contribution to
the jurisprudence on the justiciability and legal enforcement of
socio-economic rights in the country. The breadth and depth of
Falana’s work contributes substantially to answering the myriad of
questions raised and left unanswered by the absence of
constitutional recognition of socio-economic rights in Nigeria.
Falana performs a formidable service by providing such an
insightful synthesis of the most important elements of the emerging
jurisprudence–both national and international–on socio-economic
rights, and highlighting the need for the application of
constitutional and legal principles to achieve the full enjoyment
of these human rights, particularly by the most vulnerable and
marginalized sectors of the population.
The book’s lasting value will, no doubt, be attributed to its
analysis of topical human rights issues such as the right to a safe
environment; to residency and movement of persons; to control of
natural resources; to an accountable government; to security and
welfare.
This book is timely, as there’s increasing interest among Nigerians
(as there’s elsewhere) in the stronger protection of socio-economic
rights, which are vital to the survival, dignity, and prosperity of
everyone. The enjoyment of such rights is indeed necessary to
eliminate the causes of poverty and other threats to national peace
and security.
Falana’s work provides a welcome break from the orthodox
literature on human rights. The book is well-researched and
well-written, thus making it easily accessible to legal
practitioners, scholars, human rights defenders, and law students
for whom it should become an essential companion.
It’s no exaggeration to say that the book will change the way
socio-economic rights are understood in Nigeria.
Olaniyan, PhD is the author of ‘Corruption and Human
Rights Law in Africa’.
It’s frequently claimed that human rights–civil, political,
economic, social and cultural rights–are indivisible, and the
international community has declared the indivisibility,
interdependency, and interrelatedness of these rights to be beyond
dispute. Yet in practice socio-economic rights remain largely
neglected and ‘marginalized.’ Violations of civil and political
rights attract much more attention than violations of their
socio-economic and cultural counterparts.
In this comprehensive and incisive book, Femi Falana SAN sets
out to examine the legal treatment of socio-economic rights in
Nigeria, and the broader context in which the rights are defined,
understood, interpreted and implemented. As the book makes clear,
the lack of constitutional recognition of socio-economic rights has
continued to rob Nigerians of “one major instrument for monitoring
and controlling the conduct of those making public decisions on
their behalf.” Indeed, the framers of Nigeria’s constitutions have
historically failed to take human dignity and human need
seriously.
The 320-page book also highlights the contemporary challenges
obstructing the legal protection and enjoyment of these rights in
the country. The book challenges the notion that socio-economic
rights are not legally enforceable human rights, and sets out the
trends in the justiciability of the fundamental objectives and
directive principles of state policy enshrined in Chapter II of the
1999 Nigerian Constitution (as amended).
Human rights discourse in Africa, its preface explained, has
been “exploited by different groups at different historical epochs
to advance their class interests.” The author makes clear that “the
British government during colonial era failed to embrace the notion
of universality and indivisibility of human rights”, to the point
that the human rights of the people were observed more in the
breach than in their observance.
Although the British government subsequently ensured that
fundamental rights became a central feature of the Independence
Constitution of 1960, the move was merely to “secure the liberty of
aliens and protect the economic interests of foreign governments
and companies operating in Nigeria.” Nonetheless, Falana traced the
progress that has since been made through constitutional
development stages, starting with the recommendations in 1975 of
the Constitutional Drafting Committee to include “Fundamental
Objectives and Directive Principles of State Policy” in the 1979
Constitution and subsequent constitutions.
However, the ‘marginalization’ of socio-economic rights
continued because “the ruling class ensured that only civil and
political rights were included in chapter 4 of the Constitution as
justiciable”, thus leaving the victims of violations of
socio-economic rights without access to effective remedies.
To map and mirror this gradual evolution of laws and progressive
judicial decisions on socio-economic rights in Nigeria, the book
offers a comprehensive and nuanced account of specific
socio-economic rights, their legal and jurisprudential context and
how they have been and might be deployed.
Following the Introduction, there are twelve chapters, arranged
thematically and addressing topical socio-economic rights issues
such as the right to health; to education, and to work. Each
chapter cleverly analyses the contents of specific socio-economic
rights and corresponding obligations of Nigeria to protect,
respect, promote and fulfil the rights. Each chapter is very
thorough in its approach to the topic under discussion, analysing
and unpacking several applicable laws, treaties, and buttressing
them with decided cases and opinions of scholars.
Issues relating to the legal protection of the human rights of
women, children and people living with disability are also
thoroughly examined. In a bravura display of scholarship, he
demolishes the notion of ‘hierarchies of human rights’ and the
arguments that socio-economic rights are not justiciable,
convincingly making the case for the universality and
indivisibility of all human rights.
The book’s outstanding contribution lies in its detailed
examination of several legislation and case-law (that are not
easily found) relevant to the legal enforcement of socio-economic
rights in Nigeria. Falana’s range is impressively wide. He takes us
from the analysis of largely non-justiciable constitutional
provisions on socio-economic rights, through the commendable array
of legislation in the field, to Nigeria’s acceptance and
ratification of international and regional standards such as the
International Covenant on Economic, Social and Cultural Rights and
the African Charter on Human and Peoples’ Rights.
Along the way he shows how judicial attitudes slowly evolved
from ambivalence and rejection of socio-economic rights as human
rights, to acceptance of the rights, and progressive pronouncements
by local and regional courts. The key argument of the book is that
despite these shifts and positive changes, much more must be done
to “enhance the development of the contents of economic, social and
cultural rights by the courts and regional and international human
rights bodies”, if only to overcome “prejudices against these
rights.”
Furthermore, Falana points to the need for Nigeria to ratify the
Optional Protocol to the International Covenant on Economic, Social
and Cultural Rights, which allows individuals and groups whose
socio-economic rights are violated to access international
accountability mechanism in the form of the Committee on Economic,
Social and Cultural Rights, and advocates consistent use of public
interest litigation to promote legal reforms and “grant victims
access to effective remedies and make Chapter II of the 1999
Constitution [as amended] and applicable treaties a living and
daily reality for the disadvantaged and vulnerable sector of the
population.”
But these will count for nothing unless the government plays its
own part “by making sure that decisions and judgments of courts
relating to economic and social rights are fully and effectively
implemented.” This recommendation is important, especially given
the rather depressingly low record of the government’s compliance
with judgments of local and regional courts and decisions of
international human rights bodies.
The book includes five appendices: a snapshot of the
socio-economic rights guaranteed by the African Charter on Human
and Peoples’ Rights (Ratification and Enforcement) Act and Chapter
II of the Nigerian Constitution; a plethora of applicable national
legislation that are not easily found, as well as international
human rights and labour treaties to which Nigeria is a state party.
A comprehensive list of bibliography and an excellent index round
out this first-class work.
Overall, the book undoubtedly makes a profound contribution to
the jurisprudence on the justiciability and legal enforcement of
socio-economic rights in the country. The breadth and depth of
Falana’s work contributes substantially to answering the myriad of
questions raised and left unanswered by the absence of
constitutional recognition of socio-economic rights in Nigeria.
Falana performs a formidable service by providing such an
insightful synthesis of the most important elements of the emerging
jurisprudence–both national and international–on socio-economic
rights, and highlighting the need for the application of
constitutional and legal principles to achieve the full enjoyment
of these human rights, particularly by the most vulnerable and
marginalized sectors of the population.
The book’s lasting value will, no doubt, be attributed to its
analysis of topical human rights issues such as the right to a safe
environment; to residency and movement of persons; to control of
natural resources; to an accountable government; to security and
welfare.
This book is timely, as there’s increasing interest among Nigerians
(as there’s elsewhere) in the stronger protection of socio-economic
rights, which are vital to the survival, dignity, and prosperity of
everyone. The enjoyment of such rights is indeed necessary to
eliminate the causes of poverty and other threats to national peace
and security.
Falana’s work provides a welcome break from the orthodox
literature on human rights. The book is well-researched and
well-written, thus making it easily accessible to legal
practitioners, scholars, human rights defenders, and law students
for whom it should become an essential companion.
It’s no exaggeration to say that the book will change the way
socio-economic rights are understood in Nigeria.
Olaniyan, PhD is the author of ‘Corruption and Human
Rights Law in Africa’.