The justiciability of the right to development in Ghana : mirage or possibility?
Date
2016-01
Authors
Kwame, Asare Larbi Paa
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University Press
Abstract
An analysis of the debate on the right to development (RTD) suggests that
the right is pursued as a solution to solve the problems of poverty and underdevelopment.
Thus, this study seeks to determine if at the national level in Ghana,
the right to development is a right which is opposable by right-holders against the
duty bearers. The Study adopted the Black Letter Law approach in analysing the
legal effect of relevant law.
This study shows that the African Charter is the only multinational treaty that
makes RTD legally enforceable. It also shows that Ghana, which is dualist, has
not ratified the African Charter. It is however argued that the Ghanaian courts
may enforce RTD either as international law or as a human right implicitly
guaranteed under the 1992 Constitution of Ghana. This conclusion supports the
notion that development is a human rights concern. It further illustrates that the
national courts of African countries are uniquely equipped to guarantee the protection
of human rights and the development of the African people.
Description
Article
Keywords
Right to development, Ghana, Justice, Law, Africa