Towards the justiciability of socio-economic rights in the legal system of Lesotho

Abstract

The international standards and obligations on social and economic rights require State parties to harmonize their municipal laws with international human rights law on social and economic rights. The standards and obligations are benchmarks against which States are called upon to test whether they are determined to ensure protection of the rights. States Parties are urged to fulfill, respect and promote social and economic rights in their legal systems. The main aim of this promotion of social and economic rights is to ensure that they are fully realized. Lesotho as a party to international human rights instruments on social and economic rights is obliged to protect social and economic rights. This research is concerned with the investigation of the justiciability of social and economic rights in the context of Lesotho. It is argued that the justiciability of social and economic rights shall be bedrock of the economic growth in Lesotho. In advancing my argument, I determine the place of international law in the legal system of Lesotho. I apply theories that include; monism, dualism and harmonization. The Constitution of Lesotho, with its supremacy clause puts the Constitution above every law in Lesotho. In this supreme law of the land, social and economic rights are not recognized as rights but rather as principles of state policy. This renders social and economic rights to be unenforceable in courts of law. This state of non-justiciability of rights in Lesotho drag the country backward since the dichotomy that existed between the civil and political rights and social and economic rights has been overtaken has been obsolete. It is therefore held that for one to exercise her civil and political rights she must have means of livelihood. The justiciability of social and economic rights is a necessity that will harness the African spirit of communalism in Lesotho.