Anne Smith & Khanyisela Moyo - Transitional Justice Institute/School of Law

Inclusion of Justiciable Socio-Economic Rights in Bills of Rights: Lessons for Northern Ireland from South Africa and Zimbabwe

This paper will examine the issues confronting constitution makers when it comes to deciding whether or not justiciable socio-economic rights should be in a Bill of Rights. Examining the following questions: was the decision to include justiciable socio-economic rights controversial? If yes, why and how did the drafters overcome the difficulties? If not, why was it not uncontroversial? Drawing upon the South Africa and Zimbabwean experience, the paper will then discuss the debate surrounding the propsed constitutionalisation of socio-economic rights in a Northern Ireland Bill of Rights.

About Anne Smith
Anne Smith is a lecturer in human rights at the Transitional Justice Institute (TJI) at the University of Ulster. Her research interests are in human rights and equality law, especially constitutional and institutional mechanisms designed to promote and protect human rights and equality. Anne is a member of the Committee on the Administration of Justice, the British Association for Canadian Studies and Associate Member of the Equality and Social Inclusion in Ireland project.  Anne is currently working on a research project funded by Joseph Rowntree Charitable Trust with Professor Monica McWilliams. The project is engaging with the key political players in Northern Ireland and both the British and Irish governments to identify options for a way forward for the Northern Ireland Bill of Rights.

About Khanyisela Moyo
Khanyisela Moyo - Dr Khanyisela Moyo is a law lecturer at the Transitional Justice Institute (TJI), University of Ulster, Northern Ireland. She is a Zimbabwean lawyer who has taught and practised law in Zimbabwe and has served in a voluntary capacity on the boards of various non-governmental organisations including that of the Zimbabwean Lawyers for Human rights in Zimbabwe and Women into Politics, Northern Ireland. She holds an LLB (Hons) from the University of Zimbabwe, Masters in International Human Rights Law from Oslo, Norway, an LLM in Public International Law from Nottingham University, United Kingdom and a doctorate in Transitional Justice from the University of Ulster. In addition to transitional justice her research interests are in postcolonial legal theory, feminist legal theory, minority rights, law of international organisations, issues of collective security and economic, social and cultural rights.