Shifting the matrix from legal passivity to a new domestic legal order: towards the justiciability of economic, social and cultural rights in Cameroon

Abstract

Despite the fact that economic, social and cultural rights (ESCR) have been categorised as ‘second-generation rights', the evolving jurisprudence of international bodies indicate that these are legally recognised rights worthy of protection, promotion and enforcement. Subjecting the realisation of these rights to the availability of resources has become a structural limitation that is being invoked by many African states to justify why ESCR have not earned the recognition, protection, promotion and enforceability they deserve in their domestic legal systems. As Cameroon's attitude towards ESCR puts her in material breach of her obligations arising from the ICESCR and the African Charter on Human and Peoples' Rights, it is argued that achieving recognition, promotion and protection of ESCR in Cameroon requires justiciability of ESCR as a new paradigm: by the very nature of justiciability, legislative and institutional reforms will have to be implemented.