ARTICLE 22: ECONOMIC SOCIAL AND CULTURAL RIGHTS
Economic, social and cultural rights are rights that have been characterised as the second
generation rights.
The Economic, Social and cultural rights have been incorporated in the Bill of Rights.
As the Government has adopted various measures in order to ensure that, these rights are
being respected. With regard to economic rights, Article 22 of the Constitution of the
Republic of Tanzania do provide for the right to work. Similarly Article 23 provides for
the right to work without being discriminated and the right to get just remuneration
according to the work done.
The courts have in several occasions reminded the
Government on her obligation to implement these provisions. In civil Appeal no 45 of
1998, between the Attorney General and N.I.N Munuo Nguni (unreported) the Court of
Appeal of Tanzania held that the Section 4 (2) of the Legal Aid (Criminal Proceedings)
Act, Cap 21 RE 2002 was unconstitutional because it provided for remuneration which
was not just to the plaintiff. The respondent/s in this matter instituted a suit against the
Government challenging the decision of the Judge in charge of Arusha High court
registry to suspend him from practice because he· had refused dock briefs. Payment for
each dock brief was five hundred shillings. However section
4 (2) provided that:
remuneration payable shall not be less than one hundred and twenty shillings
and nor more than five hundred shillings.
The court held that the amount stipulated by this provision was in contravention of the
Constitution.
Similarly the government has formulated various policies dealing with economic and
social issues.
Among the policies, formulated a are
the National Vision 2025, the
NATIONAL STRATEGY FOR GROWTH AND REDUCTION OF POVERTY referred
to as the NSGRP, which is geared towards promoting economic grov-.rth and reduction
of income poverty and also closely linked to improved quality of life and social well
being. These are based on the bedrock which is good governance and accountability. The
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