A Right to a Project of (African) Life: Boko Haram, ESC Classification of the Right to Education, and the Unjustifiability of Generationalising Human Rights

Abstract

The constitutional non-justiciability of ESC rights in Nigeria, precludes judicial relief based on violations of the right to education (RtE) of Boko Haram. This paper questions the generational hierarchy of human rights, and the contextual classification of RtE as an ESC right. The violators of RtE who are non-state, as well as the content and benefits of the right, make this classification questionable. The international human rights law (IHRL) indicators of RtE therefore become redundant. This paper argues for an approach that focuses on vulnerable groups and de-emphasises generationalisation of human rights and unproven preconceptions of international relations. Utilising the jurisprudence coming out of the Inter-American Court of Human Rights which prescribes an overarching right to a ‘project of life’ this paper contends that a functional appropriation of culture allows IHRL to ensure local commitment for human rights as well as the fulfillment of local aspirations.