|Overview : |
Lesotho ratified the International Covenant on Economic, Social and Economic Rights (ICESCR) in 1992 and in 1994, its initial report was due. To date, in spite of several Universal Periodic Review (UPR) recommendations calling on Lesotho to report under the ICESR, the report is yet to be submitted. In Lesotho, socio-economic rights are not enshrined in the Constitution but are instead expressed as directive principles of state policy (DPSPs) to guide the state in the adoption of policies and possibly the courts in the interpretation of government obligations in relation to these rights. This has led to arguments that socio-economic rights are not justiciable in Lesotho. However, in some jurisdictions, including in Southern Africa, courts have ruled that ESCR are justiciable and therefore a person whose socio-economic rights are violated can seek a judicial remedy. In spite of the above, some countries have demonstrated that it is possible to adjudicate socio-economic rights despite their absence from the constitution as fully-fledged rights or rights properly so-called. The jurisprudence of the South African Constitutional Court has also shown that the courts may be in a position to adjudicate issues pertaining to the protection and fulfillment of socioeconomic rights.
The UN Lesotho is looking for National Consultant to conduct a study on the Justiciability Of Economic Social And Cultural Rights (ESCR) in Lesotho, facilitate a validation meeting and prepare an advocacy strategy to make ESCR justiciable in Lesotho