Economic and social rights, reparations and the aftermath of widespread violence: the African human rights system and beyond

Felix E. Torres*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

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Abstract

This article examines the dual responsibility of state authorities to repair past abuses and guarantee economic and social rights after episodes of widespread violence according to the jurisprudence of African human rights bodies. Two alternative frameworks underlying the practice of African bodies and human rights law more broadly are discussed. The first portrays the state as a threat to the individual, responsible for redressing the consequences of violations in breach of duties to respect and protect rights. The second understands the state as an active guarantor of rights in the aftermath of widespread abuses, responsible for improving the well-being of people affected and not affected by violence. In light of the possibilities and limitations that arise from both approaches in the African context, the article advocates the second.
Original languageEnglish
Pages (from-to)935-961
Number of pages27
JournalHuman Rights Law Review
Volume21
Issue number4
Early online date24 Jun 2021
DOIs
Publication statusPublished - Dec 2021

Bibliographical note

Publisher Copyright:
© The Author(s) [2021].

Keywords

  • Economic and Social Rights
  • Positive Duties
  • Reparations
  • Post-conflict
  • African human rights system
  • Armed Conflict

ASJC Scopus subject areas

  • Sociology and Political Science
  • Law

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