Skip to main content
Article
The Promotion of Economic, Social and Cultural Rights of Vulnerable Groups in Africa Pursuant to Treaty Obligations: CRC, CEDAW, CERD & CRPD
Washington University Global Studies Law Review (2015)
  • Connie de la Vega
  • Kokeb Zeleke
  • Esther Wilch
Abstract
This article will examine the promotion of the economic, social, and cultural rights of vulnerable groups, such as women, children, persons with disabilities and racial minorities through the human rights treaty body review process. It will highlight the range of mechanisms at the international level that can be used to enforce the rights of vulnerable communities in Africa, and the extent to which they have been utilized by African States, with a focus on four applicable international treaties. These treaties are the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Elimination of All Forms of Racial Discrimination (CERD), and the Convention on the Rights of Persons with Disabilities (CRPD). These treaties are monitored by committees bearing names similar to the treaties and thus the same initials will be used: Committee on the Rights of the Child (CRC); Committee on the Elimination of Discrimination Against Women (CEDAW); Committee on the Elimination of Racial Discrimination (CERD); and the Committee on the Rights of Persons with Disabilities (CRPD). The article will analyze the participation of African states in the treaty bodies, and the articulation and implementation of the rights under those treaties for the identified vulnerable groups. The purpose of the review of African countries is to start the process for framing the effect that treaty participation has had on the continent with the view of assessing the institutional capacity that the treaty bodies have for promoting and protecting human rights by documenting laws and practices in various countries. It is hoped that the article will provide an overview of the laws as well as some positive practices that have been adopted by various African countries in line with the human right treaties. In analyzing the adoption and implementation of treaties, the African continent is the center of the focus because of its vast diversity, and relative lack of information in regards to the adoption and implementation of UN agreements. It is not our intent to lump the different countries into a narrative of a single story line. On the contrary, we attempt to give a cursory look at various issues and how they are being approached in the context of individual countries. Because it is often difficult to get information in these countries, the research is based on the Concluding Observations by Committees of four treaty bodies, and secondly based on other resources from governmental and non-governmental organizations. Concluding Observations report on the general state of each country, taking into account the state’s reports, dialogues and other information received from civil societies. The countries reviewed and the issues discussed are a reflection of some of the most positive changes in law and practice that have occurred in the last several years. The countries covered and some of the solutions included are not a representation of the continent and are not intended to be taken as such. While it is difficult to document the connection between participation of countries in the treaty body system and their human rights record, it is postulated that the system is having an effect on legislation and programs aimed at protecting the rights of vulnerable people. In addition, the system allows for reporting of practices that can be emulated by other countries.
Keywords
  • human rights,
  • human rights treaty bodies,
  • economic social & cultural rights,
  • vulnerable groups,
  • women,
  • children,
  • racial minorities,
  • persons with disabilities,
  • treaties,
  • Convention on the Rights of the Child,
  • Convention on the Elimination of All Forms of Discrimination against Women,
  • Convention on the Elimination of All Forms of Racial Discrimination,
  • Convention on the Rights of Persons with Disabilities
Disciplines
Publication Date
2015
Citation Information
Connie de la Vega, Kokeb Zeleke and Esther Wilch. "The Promotion of Economic, Social and Cultural Rights of Vulnerable Groups in Africa Pursuant to Treaty Obligations: CRC, CEDAW, CERD & CRPD" Washington University Global Studies Law Review Vol. 14 Iss. 2 (2015)
Available at: http://works.bepress.com/connie_de_la_vega/24/