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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Inclusion by exclusion? An assessment of the justiciability of socio-economic rights under the 2005 Interim National Constitution of Sudan
Author:Miamingi, RememberISNI
Year:2009
Periodical:African Human Rights Law Journal (ISSN 1609-073X)
Volume:9
Issue:1
Pages:76-102
Language:English
Geographic term:Sudan
Subjects:social and economic rights
constitutions
Bill of Rights
2005
Abstract:Section 22 of the Interim Constitution of Sudan states that socioeconomic rights provided for under the Guiding Principles and Directives section are not justiciable. However, section 27(3) of the same Constitution states that every right and freedom provided for in international human rights instruments to which Sudan is a party forms an integral part of the Sudan Bill of Rights. Sudan is a party to, inter alia, the International Covenant on Economic, Social and Cultural Rights, the United Nations Convention on the Rights of the Child, the African Charter on Human and Peoples' Rights and the African Charter on the Rights and Welfare of the Child. Each of these international human rights instruments provides for socioeconomic rights. This article is an attempt to establish that, even though socioeconomic rights are provided for under the Guiding Principles and Directives section of the Interim Constitution of Sudan, they are nonetheless justiciable. This is because socioeconomic rights, excluded from the jurisdiction of the courts via section 22, have in fact been included by virtue of section 27(3). This paper argues that section 22 has been rendered redundant by section 27(3). Notes, ref., sum. [Journal abstract]
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