A teleological approach to interpreting socio-economic rights in the African Charter : appropriateness and methodology
Date
2021-07
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Pretoria University Law Press (PULP)
Abstract
The incorporation of socio-economic rights in the African
Charter on Human and Peoples’ Rights should be considered a vital move towards the transformation of socio-economic conditions of
the people on the continent. However, the envisaged socio-economic
transformation depends largely on how these rights are interpreted. It is
the task of the supervisory organs of the African Charter to develop the
scope and content of these rights and their related obligations through
interpretation. To achieve this interpretative objective, interpretive
process of the supervisory organs should be guided by an appropriate
approach to interpretation that is applied coherently. This article argues
that the teleological approach to treaty interpretation is an appropriate
approach to interpreting socio-economic rights in the African Charter.
The article develops a methodology for application of the teleological
approach through which socio-economic rights in the African Charter
may be effectively interpreted.
Description
CITATION: Amin, A. 2021. A teleological approach to interpreting socio-economic rights in the African Charter: Appropriateness and methodology. African Human Rights Law Journal, 21(1): 204-233. http://dx.doi.org/10.17159/1996-2096/2021/v21n1a10.
The original publication is available at http://www.ahrlj.up.ac.za/
The original publication is available at http://www.ahrlj.up.ac.za/
Keywords
African Charter, Socio-economic rights, Teleological approach to interpretation, Effective interpretation, African Charter on Human and Peoples' Rights (1981 June 27)
Citation
Amin, A. 2021. A teleological approach to interpreting socio-economic rights in the African Charter: Appropriateness and methodology. African Human Rights Law Journal, 21(1): 204-233. http://dx.doi.org/10.17159/1996-2096/2021/v21n1a10.