MAINSTREAMING ECONOMIC, SOCIAL AND CULTURAL RIGHTS INTO NATIONAL INTEGRATION EQUATION: LEGAL OPTIONS AND LIMITS

Abstract

This paper discusses the Economic, Social and Cultural rights encapsulated in Chapter II of the 1999 constitution (as amended) especially the socio-economic rights regarding education, housing, decent working conditions, health care, decent wages, decent working conditions. This paper further discussed the provisions of S.6 (6) (c) of the 1999 constitution which rendered the provisions of chapter II of Nigeria Constitution, 1999 non-justiciable thereby rendering its enforceability impotent. The stand of this paper is that that there are limitations of mainstreaming Economic, Social and Cultural Rights (ESCRs) into national integration equation, but contend that in spite of the seeming impossibility of enforcement of provisions of chapter II of the constitution, the chapter 11 rights posed by the said limitations that the ESCRs can be enforced by other means. This paper therefore recommends plausible ways of circumventing the legal limitations posed by non-justiciable provisions of the constitution and this among other means include through judicial, legislative actions and kindred provisions in the chapter IV of the Constitution.