Justiciability Of Economic, Social And Cultural Rights In Tanzania

Abstract

Since the adoption of the International Covenant on Civil and Political Rights, 1966 (ICCPR) and the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR), there has been an unjustifiable propensity to prioritise civil and political rights over economic, social and cultural rights (ESCRs). However, given the understanding towards interdependence, indivisibility and interrelatedness of all human rights, it is now realised that civil, political, economic, social, and cultural rights can, and should, be treated on the same footing as far as justiciability is concerned. Tanzania’s Constitution guarantees the right to work, right to just remuneration and right to own property as justiciable rights in the Bill of Rights. Nonetheless, in light of Tanzania’s international commitments regarding ESCRs, the scope is limited and hence hinders the enjoyment of ESCRs in Tanzania. This paper therefore, recommends for constitutional amendment or alternatively constitutional change in order to ensure that, all ESCRs are guaranteed as fully justiciable rights in the Constitution of the United Republic of Tanzania.