The Justiciability of Housing Rights: From Argument to Practice

ISSN： 1757-9619

Source： Journal of Human Rights Practice, Vol.4, Iss.2, 2012-07, pp. : 213-232

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Abstract

Drawing from critical legal studies, this paper questions the idea of a generic argument for the justiciability of economic, social and cultural (ESC) rights. Justiciability is defined as the potential for a legal claim to be addressed by courts. The argument for the justiciability of ESC rights implies that courts can complement the executive and legislative powers in improving living standards. The author examines this presumption in the case of current housing rights issues in Cameroon.Firstly, the author describes how a generic argument for the justiciability of ESC rights is formulated within the international human rights movement. This argument is based upon the idea of a viable state which can be held accountable for poor living standards. Secondly, the author explains how many housing rights issues in Cameroon can be explained by the non-viability of the state with regard to the management of housing because of complex factors over a long period of time. These factors are systemic and pervasive, and are not adequately taken into account by the generic discourse on the justiciability of ESC rights. Therefore, the author argues that a critical analysis of justiciability can be more relevant in the context of Cameroon. This argument goes beyond strict legalization and embraces ESC rights as part of a more holistic development enterprise. The author focuses on the rhetoric of human rights. He does not deny the possibility that the justiciability of ESC rights can be successful, but does not assess the conditions for this success here.