46
Chekera-Radu/Women’s land and property rights
implementation of women’s equality guarantees is likely to contribute
to the greater protection of women’s property rights.
3
THE CONCEPT OF INDIVISIBILITY,
INTERDEPENDENCE AND
INTERRELATEDNESS OF RIGHTS
The indirect approach of using the indivisibility, interdependency and
interrelatedness of all rights has widely been accepted by scholars.22
The principle of interdependence of rights which posits that rights are
mutually reinforcing emerged as a refutal of the premise that certain
categories of rights were more important than others. Traditionally, the
principle was taken to mean that no right was greater in importance
and in implementation. It suggests that through interpretation, the
application of one right is capable of strengthening the application of
another right.
Writing extensively on interdependence Scott highlights that the
concept has been developed not for the sake of rights but for the sake of
people entitled to the rights as the values ‘related to the full
development of personhood cannot be protected and nurtured in
isolation.’23 He concludes that interdependence mainly take two forms,
namely, organic interdependence and related interdependence.24
Organic interdependence makes reference to when one right forms part
of another right and as a result the protection of the core right would
entail protection of the other right.25 He further distinguishes organic
interdependence into logical and effectivist conception, with the former
meaning that the derivative right is a more specific form of the core
right while the latter meaning the effectiveness of the core right
depends on the derivative right.26 Under related interdependence two
distinct rights are mutually reinforcing and therefore to protect one will
indirectly result in the protection of the other.
Several authors have written on the benefits of using the indirect
approach to the protection of rights, which include the experience that
often rights have benefited more at all levels of human rights systems
through enforcement using indirect protection.27 Further, ‘unlike the
typical socio-economic rights, the cross-cutting rights to equality,
judicial protection and due process guarantees have been concretely
22
As above.
C Scott ‘Interdependence and permeability of human rights norms: towards a partial
fusion of the International Covenants of Human Rights’ (1989) 27 Osgoode Hall Law
Journal 769.
24
As above.
25
As above.
26
Scott (n 23 above) 782.
27
L Chenwi ‘Permeability of rights in the jurisprudence of the African Commission’
(2014) 39 South African Yearbook of International Law; S Liebenberg & B Goldblatt
‘The interrelationship between equality and socio-economic rights under South Africa’s
transfrormative Constitution’ (2007) 23 South African Journal on Human Rights 335;
23