Abstract
The right to development (RTD) is the most controversial human right of our time. Opponents argue that it is not justiciable. Besides the adoption of the Draft Covenant on the RTD, the right is binding in the African human rights system. It is on this backdrop that the article shows the justiciability of this right through its juridification and application in domestic courts. It also examines the role of African human rights monitoring bodies in broadening the scope of the “justiciability” debate to include the RTD. This article examines the African Commission and Court’s pronouncements on the RTD and unveils the legal value of these decisions to establish the justiciability of the right. It also examines the remedial orders of those monitoring bodies to determine the justiciability of the RTD and finds that the structural interdicts issued by the African Court for the implementation of the RTD indicate the justiciability of the right.
Recommended Citation
Djoyou Kamga, Serges
(2025)
"Broadening the Scope of the "Justiciability" Debate to Include the Right to Development: An Analysis of the African Human Rights Monitoring Bodies,"
Journal of African Policy Studies: Vol. 31:
No.
1, Article 4.
Available at:
https://ecommons.udayton.edu/joaps/vol31/iss1/4
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