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Racial Profiling

Decent Essays

The quasi-judicial body is the only body which is given a mandate to interpret and promote as well as ensure all rights laid down in the charter. It may receive “communication” on human rights violations submitted by non-state actors, both individuals and non-governmental organizations, and member states. With regard to the economic, social and cultural rights, the African Charter has a limited or “minimalist” approach towards them. Some of rights recognized in the ICESCR are missing; these include the right to an adequate standard of living, including adequate food, clothing and housing ; social security; and the right to the continuous improvement of living conditions. These “fundamental rights for human survival and for living in dignity” …show more content…

It tends to relate to or combine this right with others provisions enshrined in the Charter, such as: the right to enjoy the best attainable state of mental and physical health (article 16), the right to property (article 14) and the protection to the family (article 18 paragraph 1). In its decision on communication on the case of Social and Economic Rights Action Center/ Center for Economic and Social Rights Center V. Nigeria, it prohibited the destruction of “Wanton” shelter, because the destruction will negatively affect property, health and family life. Thus, it concluded that the combined effect of these three articles can be read as a right to shelter or housing. Further, it stated the minimum obligations with regard to right to housing which states should do and not to do. Thus, “by destroying Ogoni houses and villages and through its security forces, obstructed, harassed, beaten and, in some cases, shot and killed innocent citizens who have attempted to return to rebuild their ruined homes”, Nigeria had violated the minimum obligations and had constituted massive violations of the right to shelter, in violation of Articles 14, 16, and 18(1) of the African

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