Defining the Minimum Core Obligations-Conundrums in International Human Rights Law and Lessons from the Constitutional Court of South Africa

Mekelle University Law Journal Vol 1 No1. August 2010.

22 Pages Posted: 22 Sep 2014 Last revised: 22 Sep 2014

See all articles by Mesenbet Assefa Tadeg

Mesenbet Assefa Tadeg

Addis Ababa University School of Law; Addis Ababa University School of Law

Date Written: September 16, 2014

Abstract

The Minimum Core obligations as stipulated by the Committee on Economic, Social and Cultural Rights under the General Comment 3 on the nature of states parties’ obligations, has been one of the most important articulations that set the scene for judicial enforcement of socioeconomic rights at least on theoretical grounds. This notion is significant in that it intends to avoid the complacency of states on realizing socio-economic rights based on the rhetorical ground of "progressive realization". It seeks to establish a floor right where states cannot justify failure to meet the most essential levels of socio-economic rights. Nevertheless, the meaning of the minimum core has been controversial both in terms of its theoretical basis as well as its judicial application. This article seeks to look into both the theoretical approaches as well as the conundrums involved in the judicial application of the concept. In making such inquiry the writer has dealt with notable literatures and case laws on the notion of the minimum core. Principally, the article focuses on analyzing the two landmark decisions of the Constitutional Court of South Africa and to a lesser extent that of the Supreme Court of India and the Constitutional Court of Columbia. In doing so the writer believes that judicial adherence to the notion of the minimum core is essential for the enforcement of socio-economic and that this is feasible in the current legal discourse.

Suggested Citation

Tadeg, Mesenbet Assefa and Tadeg, Mesenbet Assefa, Defining the Minimum Core Obligations-Conundrums in International Human Rights Law and Lessons from the Constitutional Court of South Africa (September 16, 2014). Mekelle University Law Journal Vol 1 No1. August 2010., Available at SSRN: https://ssrn.com/abstract=2496975

Mesenbet Assefa Tadeg (Contact Author)

Addis Ababa University School of Law ( email )

Ethiopia

Addis Ababa University School of Law ( email )

Addis Ababa
Ethiopia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
334
Abstract Views
1,061
Rank
186,260
PlumX Metrics