The impact of COVID-19 on the socio-economic rights of older persons in Africa: The urgency of operationalising the Protocol on the Rights of Older Persons

Journal article


Oamen, Philip and Ekhator, Eghosa 2021. The impact of COVID-19 on the socio-economic rights of older persons in Africa: The urgency of operationalising the Protocol on the Rights of Older Persons. African Human Rights Journal. 21 (2), pp. 782-811. https://doi.org/10.17159/1996-2096/2021/v21n2a31
AuthorsOamen, Philip and Ekhator, Eghosa
Abstract

Since the outbreak of the COVID-19 pandemic across the world, it has been reported that older persons have suffered acute
hardship and fatalities more than any other age group. According to the World Health Organisation the fatality rate among older persons is five times the global average, and the United Nations has predicted that the mortality rate could climb even higher. The situation is aggravated on the African continent as a result of a shortage of medical personnel and other resources, as well as inadequate palliative measures to address the issues around the pandemic. Despite the provisions in the African Charter on Human and Peoples’ Rights and the Protocol to the African Charter on the Rights of Older Persons in Africa which seek to provide some safety nets, many of these senior citizens continue to suffer untold socio-economic hardship. Adopting an analytical and doctrinal methodology, this article examines the Protocol, the International Covenant on Economic, Social and Cultural Rights and several United Nations policy documents aimed at realising the socio-economic rights of older persons. The article finds that there is a lack of political commitment to operationalise the provisions of the Protocol, as evinced by the limited number of countries that have ratified it since its adoption in 2016. It comparatively engages with the provisions of the Inter-American Convention on the Rights of Older Persons to argue that, beyond the normative framing of these rights in Africa, there is a need for deliberate and genuine commitment by governments in Africa, if the rights are to be realised. The article advocates international, regional and national cooperation and calls for a more liberal judicial approach, to ensure that the Protocol’s ‘paperisation’ of the rights of older persons does not lead or continue to lead to their pauperisation.

KeywordsAfrica; Covid-19; Economic and Social Rights; Impact; Older persons; Pandemic
Year2021
JournalAfrican Human Rights Journal
Journal citation21 (2), pp. 782-811
PublisherPretoria University Law Press (PULP)
ISSN1996-2096
Digital Object Identifier (DOI)https://doi.org/10.17159/1996-2096/2021/v21n2a31
Web address (URL)http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1996-20962021000200007&lng=en&nrm=iso
hdl:10545/626277
Output statusPublished
Publication datesDec 2021
Publication process dates
Deposited16 Feb 2022, 10:20
AcceptedNov 2021
ContributorsUniversity of Northampton and University of Derby
File
File Access Level
Restricted
File
License
File Access Level
Open
Permalink -

https://repository.derby.ac.uk/item/93012/the-impact-of-covid-19-on-the-socio-economic-rights-of-older-persons-in-africa-the-urgency-of-operationalising-the-protocol-on-the-rights-of-older-persons

Download files

  • 41
    total views
  • 18
    total downloads
  • 0
    views this month
  • 1
    downloads this month

Export as

Related outputs

Implementation of International Economic Law: Nigeria’
Ajibo, C.C, Ekhator, E. and Nwankwo, C.M 2024. Implementation of International Economic Law: Nigeria’. in: Schefer, K.N and Cottier, T. (ed.) Elgar Encyclopaedia of International Economic Law: Expanded Edition Cheltenham and Camberley Edward Elgar Publishing.
Climate Change and Multinationals in Nigeria: A Case for Climate Justice
Ekhator, E. and Okumagba, E.O. 2024. Climate Change and Multinationals in Nigeria: A Case for Climate Justice. in: Bouwer, K., Etemire, U., Field, T. and Jegede, A. O. (ed.) Climate Litigation and Justice in Africa Bristol University of Bristol University Press. pp. 1-28
Placing the Rule of Law and Environmental Justice in the Resource-Conflict Nexus in Nigeria
Ekhator, E. and Agbaitoro, G. 2023. Placing the Rule of Law and Environmental Justice in the Resource-Conflict Nexus in Nigeria. in: Okoi, O. and Nalule, V. R. (ed.) Governing Natural Resources for Sustainable Peace in Africa: Environmental Justice and Conflict Resolution Abingdon, Oxfordshire Routledge.
Women and Environmental Justice Issues in Nigeria: An Evaluation
Ekhator, E. and Obani, P. 2022. Women and Environmental Justice Issues in Nigeria: An Evaluation. in: Dawuni, J. J. (ed.) Intersectionality and Women’s Access to Justice Maryland Lexington Books.
Human rights and taxation in developing countries A case for tax justice and accountability in Africa
Ekhator, E., Onyejekwe, C and Richards, N 2022. Human rights and taxation in developing countries A case for tax justice and accountability in Africa. in: Olawuyi, D.S and Abe, O (ed.) Business and Human Rights Law and Practice in Africa Cheltenham and Camberley Edward Elgar Publishing. pp. 126-149
Improving Environmental Protection in Nigeria: A Reassessment of the Role of Informal Institutions
Enabulele, O and Ekhator, E. 2022. Improving Environmental Protection in Nigeria: A Reassessment of the Role of Informal Institutions. The Journal of Sustainable Development Law and Policy . 13 (1), pp. 162-199. https://doi.org/https://doi.org/10.4314/jsdlp.v13i1.7
Sustainable Development and the African Union Legal Order
Ekhator, Eghosa 2021. Sustainable Development and the African Union Legal Order. in: Oxford University Press.
Implementing the Sustainable Development Goals in Nigeria: Barriers, Prospects and Strategies
Ekhator, Eghosa, Miller, Servel and Etinosa, Igbinosa 2021. Implementing the Sustainable Development Goals in Nigeria: Barriers, Prospects and Strategies. Routledge.
Corporate social responsibility in the oil and gas industry in Nigeria: the case for a legalised framework
Ekhator, Eghosa and Iyiola-Omisore, Ibukun 2021. Corporate social responsibility in the oil and gas industry in Nigeria: the case for a legalised framework. in: Springer.
Pre-colonial Trade in Africa and International Law: Setting a Research Agenda
Nwankwo, Matthew C. and Ekhator, Eghosa 2021. Pre-colonial Trade in Africa and International Law: Setting a Research Agenda. AfronomicsLAW.
Regional Economic Communities as the Building Blocs of the African Continental Free Trade Area Agreement
Ajibo, Collins .C, Nwankwo, Chidebe .M and Ekhator, Eghosa 2021. Regional Economic Communities as the Building Blocs of the African Continental Free Trade Area Agreement. Transnational Dispute Management (TDM). pp. 1-15.
Transnational Litigation and Climate Change in Nigeria
Obani, Pedi and Ekhator, Eghosa 2021. Transnational Litigation and Climate Change in Nigeria. AfronomicsLAW.
Barriers to implementation of SDGs in Africa: the need for effective business and government collaboration
Ekhator, Eghosa 2019. Barriers to implementation of SDGs in Africa: the need for effective business and government collaboration. AfronomicsLaw Blog.
AfCFTA: An emergent concept of 'Lex Mercatoria Africana'?
Ekhator, Eghosa 2020. AfCFTA: An emergent concept of 'Lex Mercatoria Africana'? AfronomicsLaw Blog.
Women and access to environmental justice in Nigeria
Ekhator, Eghosa 2020. Women and access to environmental justice in Nigeria. Institute for African Women in Law.
International environmental governance: A case for sub-regional judiciaries in Africa
Ekhator, Eghosa Osa 2020. International environmental governance: A case for sub-regional judiciaries in Africa. in: Palgrave Macmillam.
Energy law and policy in Nigeria with reflection on the International Energy Charter and domestication of the African Charter
Ekhator, Eghosa and Agbaitoro, Godswill 2019. Energy law and policy in Nigeria with reflection on the International Energy Charter and domestication of the African Charter. in: Pretoria University Press.
Pre-colonial legal system in Africa: an assessment of indigenous laws of Benin kingdom before 1897
Ojo, Idahosa Osagie and Ekhator, Eghosa 2020. Pre-colonial legal system in Africa: an assessment of indigenous laws of Benin kingdom before 1897. Umewaen: Journal of Benin and Edo Studies.
AfCFTA and lex mercatoria: reconceptualising international trade law in Africa
Onyejekwe, Chisa and Ekhator, Eghosa 2020. AfCFTA and lex mercatoria: reconceptualising international trade law in Africa. Commonwealth Law Bulletin. 47 (1), pp. 93-112. https://doi.org/10.1080/03050718.2020.1812097