市民法科学ジャーナル

抽象的な

A STUDY ON THE RIGHT TO DEVELOPMENT IN NIGERIA

Ebere Frankline Chisom

This article examines the notion of a right to development accruing to Nigerians from the provisions of Article 22 of the African Charter on Human and Peoples’ Right. It notes that the right to development in Nigeria is a very controversial one given its unsettled nature, scope, domain and content. It also finds that the right to development’s legal nature, as well as its enforcement and justice ability, depend on the relationship between well-being and human rights. Although the right to development presumes the enjoyment of a full array of rights, in terms of its legal nature, it is not merely a compilation or synthesis of these; rather, it is an independent composite right that is enjoyed both collectively and individually. It is distinguished from the discrete rights that comprise it by requiring the duty-bearers to create an environment that is conducive to the realization of individual and collective well being.