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Perspectivas e limites da Lei de Diretrizes Nacionais de Saneamento Básico: um estudo sobre a aplicação dos principais instrumentos e determinações da lei nº 11.445/07, nos municípios da região metropolitana de Belém-Pará; Perspectives and limitations of the Law of National Directives for Basic Sanitation: a study of the application of the principle instruments and determinations of law nº 11.445/07, in the municipalities of the Metropolitan Region of Belém-Pará.

Farias, Rosa Sulaine Silva
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 03/06/2011 PT
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35.95%
Após mais de 20 anos de tentativas para definir um marco regulatório para o setor de saneamento no Brasil, foi finalmente editada a Lei nº 11.445, no dia 05 de janeiro de 2007, que estabeleceu diretrizes nacionais para o saneamento básico. Essa lei definiu instrumentos e regras para o planejamento, a fiscalização, a prestação e a regulação dos serviços de saneamento no país. Entretanto, os desafios para implementação desse novo ordenamento jurídico do setor são grandes, considerando que, no Brasil, ainda persistem problemas como: falta de consenso quanto à titularidade dos serviços; grande déficit de atendimento de água e esgoto nos municípios pequenos e nas periferias dos grandes centros; enormes desigualdades regionais no acesso aos serviços de água e esgoto; falta de sustentabilidade econômica da maioria dos prestadores públicos dos serviços por meio das tarifas cobradas e investimentos públicos limitados na expansão e manutenção dos sistemas de água e esgoto, diante da falta de capacidade de pagamento da população pobre. Este estudo teve como objetivo analisar a aplicação dos principais instrumentos e regras da Lei nº 11.445/2007 nos municípios da Região Metropolitana de Belém à luz das realidades locais dos serviços de água e esgoto...

‘These Schemes Will Win for Themselves the Confidence of the People’: Irish Independence, Poor Law Reform and Hospital Provision

Lucey, Donnacha Seán
Fonte: Cambridge University Press Publicador: Cambridge University Press
Tipo: Artigo de Revista Científica
Publicado em /01/2014 EN
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45.9%
This article examines hospital provision in Ireland during the early twentieth century. It examines attempts by the newly independent Irish Free State to reform and de-stigmatise medical relief in former workhouse infirmaries. Such reforms were designed to move away from nineteenth century welfare regimes which were underpinned by principles of deterrence. The reform initiated in independent Ireland – the first attempted break-up of the New Poor Law in Great Britain or Ireland – was partly successful. Many of the newly named County and District Hospitals provided solely for medical cases and managed to dissociate such health care provision from the relief of poverty. However, some hospitals continued to act as multifunctional institutions and provided for various categories including the sick, the aged and infirm, ‘unmarried mothers’ and ‘harmless lunatics’. Such institutions often remained associated with the relief of poverty. This article also examines patient fee-payment and outlines how fresh terms of entitlement and means-testing were established. Such developments were even more pronounced in voluntary hospitals where the majority of patients made a financial contribution to their treatment. The article argues that the ability to pay at times determined the type of provision...

Delivering on the Promise of Pro-Poor Growth : Insights and Lessons from Country Experiences

Besley, Timothy; Cord, Louise J.
Fonte: Washington, DC: World Bank and Palgrave Macmillan Publicador: Washington, DC: World Bank and Palgrave Macmillan
EN_US
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36%
Delivering on the Promise of Pro-Poor Growth contributes to the debate on how to accelerate poverty reduction by providing insights from eight countries that have been relatively successful in delivering pro-poor growth: Bangladesh, Brazil, Ghana, India, Indonesia, Tunisia, Uganda, and Vietnam. It integrates growth analytics with the microanalysis of household data to determine how country policies and conditions interact to reduce poverty and to spread the benefits of growth across different income groups. This title is a useful resource for policy makers, donor agencies, academics, think tanks, and government officials seeking a practical framework to improve country level diagnostics of growth-poverty linkages.

Buying Votes vs. Supplying Public Services : Political Incentives to Under-invest in Pro-poor Policies

Khemani, Stuti
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
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35.97%
This paper uses unique survey data to provide, for the first time in the literature, direct evidence that vote buying in poor economies is associated with lower provision of public services that disproportionately benefit the poor. Various features of the data and the institutional context allow the interpretation of this correlation as the equilibrium policy consequence of clientelist politics, ruling out alternate explanations (such as, for example, poverty driving both vote buying and health outcomes). The data come from the Philippines, a country context that allows for measuring vote buying during elections and services delivered by the administrative unit controlled by winners of those elections. The data reveal a significant, robust negative correlation between vote buying and the delivery of primary health services. In places where households report more vote buying, government records show that municipalities invest less in basic health services for mothers and children; and, quite strikingly, as a summary measure of weak service delivery performance...

Alternative Dispute Resolution and the Rule of Law in International Development Cooperation

Michel, James
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
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36.12%
The role of alternative dispute resolution (ADR) in efforts to strengthen the rule of law is attracting increased interest in international development cooperation. From a development perspective, the principal interest in this question is a concern for expanding rights and opportunities for poor people who do not fully benefit from the protection of the law in their daily lives. Other interests in ADR, such as in commercial arbitration and court-annexed mediation in civil litigation, also have important positive implications for development. Facilitating commerce and expediting the disposition of lawsuits are valuable services and worthwhile undertakings. However, the principal focus for development is on the non-formal processes intended to expand access to justice. These include statutory schemes, such as the barangay justice system in the Philippines; state-sponsored mediation centers, such as those of the Procurador General in El Salvador; traditional systems that provide the vast majority of dispute-resolution services in many African countries; and systems of mediation and conciliation operated by public and private entities throughout the world. This paper briefly reviews the concept of development and related international cooperation. It then examines how the rule of law has been addressed in development programs and offers some thoughts about the contribution of ADR for advancing the rule of law and...

Commercial Woodfuel Production : Experience from Three Locally Controlled Wood Production Models

World Bank
Fonte: Washington, DC Publicador: Washington, DC
EN_US
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36.01%
Woodfuels (firewood and charcoal) are the dominant energy source and the leading forest product for most developing countries. Representing 60 to 80 percent of total wood consumption in these nations, woodfuels often account for 50 to 90 percent of all energy used. Although woodfuels are widely perceived as cheap and primitive sources of energy, commercial woodfuel markets are frequently very large, involve significant levels of finance, and provide an important source of income through the supply chain for the rural poor. However, the woodfuel sector in many developing countries operates informally and inefficiently, using out-dated technology and delivering little official revenue to the government. The unsustainable harvesting of woodfuels to supply large urban and industrial markets can also contribute to forest degradation and deforestation. Given the low carbon development opportunity presented by wood energy, predictions of significant growth in woodfuel demand make it vital that this industry is overhauled and modernized using new technologies...

Growth is Good for the Poor

Dollar, David; Kraay, Aart
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
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36.04%
When average income rises, the average incomes of the poorest fifth of society rise proportionately. This is a consequence of the strong empirical regularity that the share of income accruing to the bottom quintile does not vary systematically with average income. The authors document this empirical regularity in a sample of 92 countries spanning the past four decades and show that it holds across regions, periods, income levels, and growth rates. The authors next ask whether the factors that explain cross-country differences in the growth rates of average incomes have differential effects on the poorest fifth of society. They find that several determinants of growth--such as good rule of law, opennness to international trade, and developed financial markets--have little systematic effect on the share of income that accrues to the bottom quintile. Consequently, these factors benefit the poorest fifth of society as much as everyone else. Thee is some weak evidence that stabilization from high inflation and reductions in the overall size of government not only increase growth but also increase the income share of the poorest fifth in society. Finally...

Qiiis custodiet ipsos custodes: can lessons from domestic and overseas experience assist in the implementation of the Law Enforcement Integrity Commissioner Act?

Marwood, Damian
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Relatório
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35.97%
Law Enforcement corruption is existent throughout the world. Whilst the extent of corruption within any one society is difficult to study, Transparency International annually provide a Corruption Perception Index; a study that surveys the extent of corruption, as perceived by the individuals of the home country. Results from the survey suggest that lower levels of corruption can often be associated lower populated, democratic nations. Regardless of the extent of corruption within these countries, the types of corruption and the factors that contribute to corruption are remarkably similar. Corruption of authority, kickbacks, opportunistic theft, shakedowns, protection of illegal activities, fixing, direct criminal activities, internal payoffs and flaking are types of corruption experienced in all countries studied in this report. While countries such as Australia rank significantly lower on the Corruption Perception Index than countries such as South Africa, the existence of such corruption is still apparent. Factors contributing to corruption such as low wages, promotion prospects, police culture, weak legislation, high community contact, political pressure, poor recruitment standards and inadequate training have all been cited as contributors to corruption from each of the studied countries. Whilst some countries such as Singapore...

Diversity of Social Rights in Europe(S) Rights of the Poor, Poor Rights

University Paris Ouest Nanterre - European University Institute Social Law Working Group
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
EN
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A mainstream view of the rule of the law has denied for a long time that social rights are “real” rights. Referred to as “the rights of the poor”, Social and Economic Rights have been often thought as “poor rights”. Lawyers and judges often distinguish between social and civil rights, albeit human rights have been affirmed, since 1948, to be indivisible and interdependent. The distinction between civic and political rights on the one hand, and economic and social rights, on the other hand, often results in casting aside the social rights and prevent them from being justiciable. However, the academic debate about judicial enforcement of social rights is undergoing changes. The divide between the fundamental rights tends to be questioned by social movements which do not hesitate anymore to take legal actions and claim those social rights (the right to housing, to food, to health care…), as well as by a number of academic researchers who try to rethink the universality and indivisibility of human rights. That trend is followed by judges, international ones as well as national ones, who help with such decisions to strengthen the justiciability, effectiveness and opposability of social rights. The subject of the following contributions is this current trend of justiciability and enforcement of social rights in Europe. This working paper draws attention to and scrutinize the academic debate and the jurisdictional answers concerning the nature and regime of social rights through the use of comparative and international law. Rights are studied in UK (W. Baugniet)...

Law in Aristotle's ethical-political thought

Weirnick, Darren
Fonte: Universidade Rice Publicador: Universidade Rice
Tipo: Thesis; Text Formato: 184 p.; application/pdf
ENG
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Proclaiming that man is a political animal, Aristotle overcame the Sophists' opposition between law and nature. My dissertation looks at whether the law successfully promotes the human good in Aristotle's political philosophy. Aristotle believes law should inculcate the virtues of character. In Chapter One, I argue habituation to virtue through laws does not unacceptably undermine citizens' autonomy. Aristotle intends the law to inculcate virtue in coordination with other parts of the social fabric, including the household and social customs. Yet Aristotle also believes laws, including laws about moral education, should conform to the goal of the constitution. Many constitutions do not aim at a life of virtue correctly conceived. In Chapter Two, I argue that by promoting the virtue of the citizen in deviant regimes, Aristotle's lawgiver risks inculcating moral vice. Chapter Three looks at the basis for the law's authority in the practical wisdom of the lawgiver. Aristotle identifies legislative wisdom as a form of practical wisdom, and speaks of the lawgiver as a sage. But just as absolute kingship is unlikely, so too is a lawgiver sage. Aristotle's more realistic account of legislative activity, as conducted by citizens who are often not practically wise...

Poor People's Knowledge : Helping Poor People to Earn from Their Knowledge

Finger, J. Michael
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH; EN_US
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36%
How can we help poor people to earn more from their knowledge rather than from their sweat and muscle? This paper draws lessons from projects intended to promote and protect the innovation, knowledge, and creative skills of poor people in poor countries, particularly to improve the earnings of poor people from such knowledge and skills. The international community has paid considerable attention to problems associated with intellectual property that poor countries buy-such as the increased cost of pharmaceuticals brought on by the WTO's agreement on the Trade Related Aspects of Intellectual Property (TRIPS). This paper is about the other half of the development-intellectual property link. It is about the knowledge poor people own, create, and sell rather than about what they buy. The paper calls attention to a broad range of poor people's knowledge that has commercial potential. It highlights the incentives for and concerns of poor people-which may be different from those of corporate research, northern nongovernmental organizations...

Annual World Bank Conference on Development Economics, Europe 2003 : Toward Pro-Poor Policies--Aid, Institutions, and Globalization

Tungodden, Bertil; Stern, Nicholas; Kolstad, Ivar
Fonte: Washington, DC: World Bank and Oxford University Press Publicador: Washington, DC: World Bank and Oxford University Press
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
ENGLISH; EN_US
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35.98%
The Annual World Bank Conference on Development Economics(ABCDE)-Europe 2003 presents selected papers from the fourth annual ABCDE-Europe meetings, held June 24-26, 2002, in Oslo, Norway. More than 350 eminent scholars and practitioners from 50 countries met to deliberate on the theme 'Towards Pro-Poor Policies'. The papers from sessions on aid, institutions, and globalization provide both a general overview of links between poverty, inequality, and growth, and address specific topics such as the Heavily Indebted Poor Countries Initiative for debt reduction. All consider the role of policies and institutions in development and poverty reduction. This volume contains an overview by Bertil Tungodden, Ivar Kolstad, and Nicholas Stern; papers on aid by Nicholas Stern, David Roland-Holst and Finn Tarp, Stephan Klasen, Lisa Chauvet and Patrick Guillaumont, and Jean-Pierre Cling, Mireille Razafindrakoto, and Fran?s Roubaud; papers on institutions by Mariano Tommasi, Mushtaq Khan, David Dunham, Stanley Engerman and Kenneth Sokoloff...

2011 Philippines Development Report : Generating Inclusive Growth to Uplift the Poor

World Bank
Fonte: World Bank Publicador: World Bank
Tipo: Economic & Sector Work :: Other Poverty Study
ENGLISH
Relevância na Pesquisa
35.96%
The theme of the 2011 Philippines development report is 'generating inclusive growth, uplifting the poor and vulnerable'. This theme is follows from the priorities set in President Aquino's Social Contract and the emerging 2011-2016 Philippines Development Plan (PDP). The PDP details the vision of inclusive growth and poverty reduction that underlies the social contract (chapter one). Accordingly, the PDP focuses on three strategic objectives: (1) attaining a sustained and high rate of economic growth that provides productive employment opportunities, (2) equalizing access to development opportunities for all Filipinos, and (3) implementing effective social safety nets to protect and enable those who do not have the capability to participate in the economic growth process. While the country's development agenda remains broadly the same over the last decade, the Aquino government is focusing on stepped-up implementation and delivery. The pressing development issues confronting the Philippines in 2011 are not radically different from those of previous years. The critical difference is the new government's focus on effective implementation and delivery of public goods and services...

Toward Universal Coverage : Turkey’s Green Card Program for the Poor

Menon, Rekha; Mollahaliloglu, Salih; Postolovska, Iryna
Fonte: World Bank, Washington DC Publicador: World Bank, Washington DC
Tipo: Publications & Research :: Working Paper; Publications & Research
EN_US
Relevância na Pesquisa
35.97%
This case study unravels Turkey's path to universal coverage. It outlines both the transformation of the health system and the performance of the 'Yesil Kart', the Green Card, program, a noncontributory health insurance scheme for the poor. Initially launched in 1992, the Green Card program has seen a rapid expansion in the number of beneficiaries and program benefits since the implementation of the Health Transformation Program, or HTP in 2003, with the number of beneficiaries more than tripling, from 2.5 million beneficiaries in 2003 to 9.1 million beneficiaries in 2011. In addition, both the coverage and targeting of the program improved substantially. While the Green Card program initially began as a separate targeted scheme for the poor, in January 2012 it became part of the UHI scheme managed by Social Security Institution, or SSI. As this study will show, gradual steps were taken over the years to expand coverage, improve targeting, and expand benefits of the Green Card program to align it with the UHI. This, combined with the improvements in service delivery within a comprehensive reform of the health sector, makes Turkey a unique example of universal coverage for quality health services. The study is organized as follows. Section two briefly outlines Turkey's health reform and how health care is currently organized and delivered. Section three describes the Green Card Program...

Land Law Reform : Achieving Development Policy Objectives

Bruce, John W.; Giovarelli, Renée; Rolfes, Jr., Leonard; Bledsoe, David; Mitchell, Robert
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
ENGLISH; EN_US
Relevância na Pesquisa
36.13%
This book examines issues at the forefront of the debate on land law reform, pays particular attention to how reform options affect the poor and disadvantaged, and recommends strategies for alleviating poverty more effectively through land law reform. It reviews the role of the World Bank in land law reform, examining issues of process as well as substance. It also identifies key challenges and directions, and stresses the need to design law reforms in ways that suit diverse economic, legal, and institutional environments. This book is a contribution to comparative thinking on reform of the law relating to land. It examines the implications for land law reform in the broadening of development goals beyond growth to include environmental protection, poverty eradication, and achievement of gender equity, and it reviews a broad range of experience in land law reform. After the introductory chapter, chapter 2 examines how land law reform is achieved through World Bank initiatives. It reviews steps the Bank has taken to achieve comprehensive reforms of land law in the context of natural resource management and land reform programs and land administration projects. It also analyzes lessons learned from various land law reform processes. Chapter 3 addresses reform of rules affecting women's access to and rights in land. The topic is one in which broad recommendations are not necessarily easy due to cultural and other norms governing women's rights and freedoms regarding land. Chapter 4 examines how to develop land markets while minimizing adverse effects and enhancing positive impacts on the poor. Chapter 5 discusses the importance of titling and registration of land rights...

Poverty, savings banks and the development of self-help, c. 1775-1834

Filtness, David
Fonte: University of Cambridge; Faculty of History Publicador: University of Cambridge; Faculty of History
Tipo: Thesis; doctoral; PhD
EN
Relevância na Pesquisa
36.3%
This thesis examines the development of self-help as an ideology and as an organisational principle for poor relief and how it came to dominate discussions over poverty and crucially inform the Poor Law Amendment Act of 1834. The continuity of self-help with earlier discussions and reviews of the poor laws is explored and emphasised, as is the continuing moral core of poor relief despite historians? frequent ascription of de-moralisation to the new political economy that came to heavily influence poor law discourse. The thesis analyses the evolution of the poor laws and of attitudes to poverty and begins with an examination of a divergence in the discourse relating to poverty between a more formal and centralised institutional approach and a more devolved, permissive institutional approach; the latter gained precedence due to its closer proximity to a dominant mode of thinking (as analysed by A. W. Coats) about the poor that held self-betterment as offering a solution to poverty most appropriate to the governance structures of the day. The greater role given to self-betterment and the natural affinity of more devolved schemes with a macroeconomic political economy framework pushed the evolution of poor law discourse along a route of emphasising individual probity and agency over the established model of community cohesion. Parallel to this divergence was the development of distinct intellectual traditions within poor law discourse between the older natural-law tradition of a natural right to subsistence and a new ideology of the natural law of markets and of competition for resources. By analysis of the thought of writers such as Thomas Robert Malthus...

Industrial disputes and the law in Spain

Milner, S.
Fonte: Centre for Economic Performance, London School of Economics and Political Science Publicador: Centre for Economic Performance, London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em /07/1995 EN; EN
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36.05%
Strike activity in Spain is unusually high compared to most other developed countries and, moreover, it has remained at a high level for the last decade, whilst strike rates have been falling in most other countries. One possible explanation for this poor strikes record is Spanish labour law with respect to industrial disputes which may be too permissive, or have remained permissive whilst other countries have tightened their legislative frameworks. By investigating the comparative strike record and comparative strike law across Europe, it is clear that neither of the above scenarios holds true. Spanish law is neither particularly permissive, nor has it become more permissive relative to other countries which suggests that, given some caveats, Spanish strikes law cannot be held responsible for the poor strike record. Some tentative assessment of other possible explanations is made using industry data on strikes, collective bargaining coverage and levels, union representation and the proportion of fixed-term contract workers. Taken together these results are indicative of a role for non--legal industrial or labour market institutions in explaining strikes. There is clearly, though, a crying need for more micro industrial relations data sets to properly test the influence of both exogenous and endogenous factors in explaining strikes.

The lure of law in development

Humphreys, Stephen
Fonte: Hart Publishing Publicador: Hart Publishing
Tipo: Article; PeerReviewed Formato: application/pdf
Publicado em //2015 EN; EN
Relevância na Pesquisa
35.97%
Since the Cold War ended, the world’s principal financial and development institutions have focused extensive attention on ‘rule of law assistance’ or ‘promotion’ in poor and developing countries. This body of work generally treats law in some isolation from broader social and political questions, presented as a technical exercise, recalibrating law in pursuit of undisputed universal goals, such as eradicating poverty or fulfilling human rights. In this article, I undertake a close reading of the literature of two major rule of law funders in the field of market-building — as distinct from, albeit related to, the state-building work also undertaken under this rubric at the UN and elsewhere. My aim is to show how this body of work promotes a thoroughgoing vision of a particular social and political order. Noting that the techniques of rule-of-law promotion align poorly with fundamental principles generally attributed to the rule of law, and that there is little or no evidence that this vision does — or even can — achieve its stated aims, I redescribe rule of law promotion as a kind of rhetorical intervention, a morality play concerned with the universalisation and naturalisation of certain ideas about society, polity and economy. In this essentially pedagogical role...

Planning law versus the right of the poor to adequate housing: A progressive assessment of the Lagos State of Nigeria's Urban and Regional Planning and Development Law of 2010

Akintayo,Akinola E
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2014 EN
Relevância na Pesquisa
46.2%
The notion of the neutral application of law is the very foundation of liberal societies, in spite of the fact that this notion has been debunked as a myth by a large body of scholarship. This notion continues to pervade liberal societies, operates discriminately against the poor and less privileged members of society and impedes poverty reduction efforts. The article demonstrates the exclusionary and discriminatory operation and impact of the myth of the neutral application of law on the right of the poor to adequate housing through a progressive assessment of the Lagos State of Nigeria's Urban and Regional Planning and Development Law, 2010, a supposedly neutral planning statute. It concludes that, for the fight against poverty to make any headway in Africa, poverty reduction must continually be mainstreamed. There must constantly be a pro-poor approach to laws and policies.

Have the norms and jurisprudence of the African human rights system been pro-poor?

Okafor,Obiora; Ugochukwu,Basil
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2011 EN
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36.07%
Drawing upon the important insight of critical human rights scholars that 'pro-human rights' are not necessarily 'pro-poor', this article mainly utilises Baxi's germinal thesis on the emergence of a trade-related market-friendly human rights (TREMF) paradigm (that is slowly but surely displacing what he refers to as the UDHR paradigm, much to the advantage of global capital and the rich/powerful/elite, and greatly to the disadvantage of the poor) in assessing the extent to which the norms and jurisprudence of the African human rights system have been pro-poor. After demarcating its scope, outlining its limitations and offering an explanation of the conception of poverty that animates its use of the terms 'the poor' and 'pro-poor', the article analyses the relevant norms and jurisprudence of the African system in the context of the conceptual framework of the study, and concludes that these norms and jurisprudence have tended to be animated by an anti-TREMF (and pro-UDHR paradigm) sensibility, ethic and politics, and have for this and other reasons been more or less pro-poor in orientation. While these findings show that the TREMF paradigm has not completely eaten away at the pro-poorness of the textual affirmations of human rights that guide and have been produced by such international human rights systems...