| dc.contributor.author | Kabale, Dominica | |
| dc.date.accessioned | 2020-11-26T08:48:18Z | |
| dc.date.available | 2020-11-26T08:48:18Z | |
| dc.date.issued | 2019 | |
| dc.identifier.citation | Kabale, D.(2019). Economic, Social and Cultural Rights (ESCR): Foundations for Daily Living. Lusaka, Zambia: Jesuit Centre for Theological Reflection (JCTR) | en |
| dc.identifier.uri | https://repository.jctr.org.zm/handle/20.500.14274/130 | |
| dc.description | The Zambian Bill of Rights is entrenched in the Constitution. The Bill of Rights is a list of fundamental rights and freedoms covered in Part III of the Constitution of Zambia, which is the Supreme Law of the Land. Part Three of the Constitution can only be amended through a national referendum in which not less than two thirds of the registered voters vote and at least 50% vote in favour of the amendment is achieved. During the 2016 general elections, the referendum to vote for an inclusion of ESCR in the Bill of Rights did not go through as it did not meet the referendum thresholds. As a result, Part III of the 1996 Constitution still
remains the Zambian Bill of Rights. Article 11 of 1996 Amendment and Article 2 of 2016 Amendment declare that every person in
Zambia is entitled to fundamental rights and freedoms, regardless of race, place of origin, political opinion, colour, creed, belief,
religion, sex or marital status. However, the enjoyment of these fundamental rights and freedoms are subject to limitations based
on the affordability or availability of state resources determined by Cabinet, and as long as their enjoyment do not prejudice the
rights and freedoms of others. This severely limits the actual realization of rights. In fact, it essentially maintains these “rights” as
privileges as opposed to basic, concrete and necessary rights of citizenship. | en |
| dc.description.abstract | In 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), outlining the basic civil, cultural, economic, political and social rights that all human beings should enjoy. In 1966, Economic, Social and Cultural
Rights (ESCR) were explicitly recognized as legal rights in the International Covenant on Economic, Social and Cultural Rights (ICESCR) (which together with the UDHR and the International Covenant on Civil and Political Rights form the International Bill
of Rights), in addition to other key human rights treaties and regional mechanisms. Although Zambia ratified the ICESCR in 1984, it has not enshrined its commitment to ESCR through the Constitution. This has real life consequences. ESCR and the Bill of Rights are not new concepts and did not start with the UN Declaration of 1948 and 1966 but instead originate with God. The idea of human dignity (the basis for Human Rights and ESCR promotion) that we are created in the image of God (Genesis 1:27), forms the basis for human equality and our call for enshrining ESCR in the Bill of Rights as JCTR. The inclusion of ESCR in the BoR secures individuals’ rights and limits government intervention. | en |
| dc.language.iso | en | en |
| dc.publisher | Jesuit Centre for Theological Reflection | en |
| dc.rights | Attribution-NonCommercial-ShareAlike 3.0 United States | * |
| dc.rights.uri | http://creativecommons.org/licenses/by-nc-sa/3.0/us/ | * |
| dc.subject | ESCR | en |
| dc.subject | Bill Of Rights | en |
| dc.title | Economic, Social and Cultural Rights (ESCR): Foundations for Daily Living | en |
| dc.type | Booklet | en |
