O direito ao desenvolvimento como um direito fundamental: a sua proteção jurídica na União Africana e na ordem jurídica dos Países Africanos de Língua Oficial Portuguesa

Translated title of the contribution: The right to development as a fundamental right: its legal protection in the legal order of the African Union and Portuguese-speaking African countries

Research output: Contribution to journalArticlepeer-review

Abstract

This article deals with the protection of the right to development in the African human rights system and in the jurisdiction of Portuguese-speaking countries in Africa (PALOP). The article starts with an analysis of the protection of the right to development in the African regional human rights system. It then analyses the extent to which this right has been incorporated in the legal order of PALOP. The main regional instrument assessed is the African Charter on Human and Peoples’ Rights. Moreover, the article examines the jurisprudence of the African Commission on Human and Peoples’ Rights and jurisprudence of the African Court on Human and Peoples’ Rights in its application of the provisions in the African Charter that speak to the protection of the right to development. The analysis shows that the right to development is expressly recognised and attributed with binding force in the African human rights system. Differently, the right to development is not explicitly recognised in the constitutions of PALOP. However, these countries recognise the right to development as a fundamental right by adherence to the African Charter and through the application of the doctrine of implied rights in force in their respective jurisdictions. The conclusion reiterates that the right to development is recognised in the jurisdiction of PALOP stating that these countries have a subsequent duty to ensure the realisation and enjoyment of the right under analysis.
Translated title of the contributionThe right to development as a fundamental right: its legal protection in the legal order of the African Union and Portuguese-speaking African countries
Original languagePortuguese
Pages (from-to)49-70
Number of pages23
JournalAfrican Human Rights Yearbook
Issue number3
DOIs
Publication statusPublished - Nov 2019

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