TOWARDS THE CONSTITUTIONAL REALIZATION OF SOCIOECONOMIC RIGHTS IN NIGERIAN: A JURIDICAL PARADIGN SHIFT

Abstract

Economic, social and cultural (ESC) rights are rights that guarantee the material conditions necessary for human dignity and the full development of human personality. These rights are essential for the physical, mental and social well-being of all individuals. ESC rights are rights that are necessary for the full realisation of human dignity, including the right to work, education, health, food, housing, water and sanitation, and an adequate standard of living. Enforcement of economic, social and cultural (ESC) rights is however, a critical issue in human rights law. This article is aimed at appraising the juridical leverage on social policy in advancing the realization of economic, social and cultural rights in Nigeria, a nascent democracy. The article employs doctrinal methodology as a legal research that involves the systematic study of legal sources, and its use to interpret and apply the law to a particular legal problem. The study finds that, although Nigeria has made significant advances in the realization of economic and social rights through the introduction of social policies, there are still significant gaps in the realization of those rights, especially in the areas of healthcare, education, housing, and employment. It is recommended that Governments should strengthen the capacity of the judiciary to ensure that social policies are effectively implemented and enforced. There should be increased public education on the importance of economic, social and cultural rights and the role of the judiciary in their promotion and protection. The legal framework should be upgraded to ensure that the judiciary is better equipped to interpret and apply social policies in the light of international human rights standards. The article concludes that, while juridical leverage on social policies alone cannot ensure the full realization of economic, social and cultural rights in Nigeria, it can be a powerful tool in helping to bring about greater progress in this area. Thus, a progressive interpretation of the human rights norms under the constitution would provide a viable solution to this challenge.