SciELO - Scientific Electronic Library Online

 
vol.8 issue2The justiciability of human rights in the Federal Democratic Republic of EthiopiaThe drafting of the Constitution of Swaziland, 2005 author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand

Article

Indicators

Related links

  • On index processCited by Google
  • On index processSimilars in Google

Share


African Human Rights Law Journal

On-line version ISSN 1996-2096
Print version ISSN 1609-073X

Abstract

CHIRWA, Danwood Mzikenge. In search of philosophical justifications and suitable models for the horizontal application of human rights. Afr. hum. rights law j. [online]. 2008, vol.8, n.2, pp.294-311. ISSN 1996-2096.

This article critiques the dominant view that human rights do not bind non-state actors. It ties the dominant discourse to the natural rights theory and, to a lesser extent, the positivist school of thought. A critique of these traditions reveals that there are no insurmountable philosophical barriers to recognising the application of human rights to non-state actors and the private sphere. Drawing on Marxist and feminist philosophical schools, as well as African conceptions of human rights, it argues that the view that non-state actors should be bound by human rights can be defended philosophically. The article ends with an analysis of the various options through which human rights obligations of non-state actors may be enforced within a domestic constitutional framework.

        · text in English     · English ( pdf )

 

Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License