The Role of the Yemeni Judiciary in Enhancing the Protection of Economic and Social Rights: Challenges and Prospects

Abstract

This study discusses the importance of strengthening the protection of economic and social rights as an integral part of the human rights framework. It aims to assess the effectiveness of the Yemeni judiciary in safeguarding these rights under the current circumstances, focusing on its role in addressing violations and proposing legal and judicial mechanisms to enhance its capacity. The study highlights the judiciary’s vital role in achieving social justice and societal stability, portraying it as the last bastion for the protection of rights and freedoms. It also examines the main challenges hindering the judiciary, foremost among them the weakness of constitutional and legislative provisions, the lack of adequate constitutional guarantees, institutional challenges, and political instability.

The study concludes that the weak constitutional entrenchment of economic and social rights in the Yemeni Constitution, along with the absence of a clear determination of the status of international conventions within national legislation, constitutes a major obstacle to effective judicial protection. Furthermore, it demonstrates that strategic litigation can serve as a powerful tool for reinforcing the protection of these rights-provided it is employed in a well-planned manner that integrates legal, media, and societal efforts. The study underscores the importance of supporting the judiciary and equipping it with the necessary human and technical resources to enable it to perform its role effectively and independently.