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Human Rights Based Approaches to Development Concepts, Evidence, and Policy

Gauri, Varun; Gloppen, Siri
Fonte: Banco Mundial Publicador: Banco Mundial
Relevância na Pesquisa
56.37%
This paper assesses the benefits, risks, and limitations of human rights based approaches to development, which can be catalogued on the basis of the institutional mechanisms they rely on: global compliance based on international and regional treaties; the policies and programming of donors and executive agencies; rights talk; and legal mobilization. The paper briefly reviews the politics of the first three kinds of human rights based approaches before examining constitutionally based legal mobilization for social and economic rights in greater detail. Litigation for social and economic rights is increasing in frequency and scope in several countries, and exhibits appealing attributes, such as inclusiveness and deliberative quality. Still, there are potential problems with this form of human rights based mobilization, including middle class capture, the potential counter-majoritarianism of courts, and difficulties in compliance. The conclusion summarizes what is known, and what remains to be studied, regarding human rights based approaches to development.

Human Rights as Demands for Communicative Action

Gauri, Varun; Brinks, Daniel M.
Fonte: Banco Mundial Publicador: Banco Mundial
Relevância na Pesquisa
56.23%
A key issue with human rights is how to allocate duties correlative to rights claims. But the philosophical literature, drawing largely on naturalistic or interactional accounts of human rights, develops answers to this question that do not illuminate actual human rights problems. Charles Beitz, in recent work, attempts to develop a conception of human rights more firmly rooted in, and helpful for, current practice. While a move in the right direction, his account does not incorporate the domestic practice of human rights, and as a result remains insufficiently instructive for many human rights challenges. This paper addresses the problem of allocating correlative duties by taking the practices of domestic courts in several countries as a normative benchmark. Upon reviewing how courts in Colombia, India, South Africa, Indonesia, and elsewhere have allocated duties associated with socio-economic rights, the paper finds that courts urge parties to move from an adversarial to an investigative mode, impose requirements that parties argue in good faith...

The Law’s Majestic Equality? The Distributive Impact of Litigating Social and Economic Rights

Brinks, Daniel M.; Gauri, Varun
Fonte: Banco Mundial Publicador: Banco Mundial
Relevância na Pesquisa
66.25%
Optimism about the use of laws, constitutions, and rights to achieve social change has never been higher among practitioners. But the academic literature is skeptical that courts can direct resources toward the poor. This paper develops a nuanced account in which not all courts are the same. Countries and policy areas characterized by judicial decisions with broader applicability tend to avoid the potential anti-poor bias of courts, whereas areas dominated by individual litigation and individualized effects are less likely to have pro-poor outcomes. Using data on social and economic rights cases in five countries, the authors estimate the potential distributive impact of litigation by examining whether the poor are over or under-represented among the beneficiaries of litigation, relative to their share of the population. They find that the impact of courts varies considerably across the cases, but is positive and pro-poor in two of the five countries (India and South Africa), distribution-neutral in two others (Indonesia and Brazil)...

Economic Freedom, Human Rights, and the Returns to Human Capital : An Evaluation of the Schultz Hypothesis

King, Elizabeth M.; Montenegro, Claudio E.; Orazem, Peter F.
Fonte: Banco Mundial Publicador: Banco Mundial
Relevância na Pesquisa
46.39%
According to T.W. Schultz, the returns to human capital are highest in economic environments experiencing unexpected price, productivity, and technology shocks that create "disequilibria." In such environments, the ability of firms and individuals to adapt their resource allocations to shocks becomes most valuable. In the case of negative shocks, government policies that mitigate the impact of the shock will also limit the returns to the skills of managing risk or adapting resources to changing market forces. In the case of positive shocks, government policies may restrict access to credit, labor, or financial markets in ways that limit reallocation of resources toward newly emerging profitable sectors. This paper tests the hypothesis that the returns to skills are highest in countries that allow individuals to respond to shocks. Using estimated returns to schooling and work experience from 122 household surveys in 86 developing countries, this paper demonstrates a strong positive correlation between the returns to human capital and economic freedom...

Human Rights and Development Practice

Brahmbhatt, Milan; Canuto, Otaviano
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Relevância na Pesquisa
56.19%
In the past two decades, there has been a growing engagement between development and human rights practitioners and thinkers. But are participants in this dialogue still mainly talking past each other? Or has there been valuable cross-fertilization and learning-the Millennium Development Goals (MDGs) themselves being a fruit of this convergence? This note addresses three points. The first point is the growing convergence between human rights and development thinking along several dimensions, particularly on social and economic rights. The second point is a consideration of the continuing areas of difference or divergence and of outstanding or open questions. Are these areas of conflict or are they valuable complementarities? The third point asks where are we with MDGs on the ground, and what can the dialogue between human rights and development contribute to furthering progress on MDGs?

Urban Informal Workers : Representative Voice and Economic Rights

Chen, Martha; Bonner, Chris; Chetty, Mahendra; Fernandez, Lucia; Pape, Karin; Parra, Federico; Singh, Arbind; Skinner, Caroline
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
Relevância na Pesquisa
66.21%
This paper summarizesthe analysis of five case studies prepared for the 2013 World Development Report team that illustrate why and how the representative voice and economic rights of urban informal workers should be promoted: (1) the Self-Employed Women‘s Association of India; (2) the National Policy and Law for Street Vendors in India; (3) the Legal Cases for Street and Market Vendors in Durban, South Africa; (4) the Constitutional Court Judgments for Waste Pickers in Bogotá, Colombia; and (5) the Campaign for an International Convention on Decent Work for Domestic Workers. These case studies describe efforts to secure the livelihoods of urban informal workers by increasing their representative voice and their economic rights. In four of the five cases, the exception being the domestic workers case, organizations of these workers took the lead as partners in a global project called Inclusive Cities for the Working Poor. The lessons learned in regard to increasing voice and realizing rights are synthesized, with a focus on common strategies (including organizing, awareness building, advocacy, and legal struggles), common barriers and constraints (including an inappropriate or hostile institutional environment, competing vested interests...

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
Relevância na Pesquisa
56.31%
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)...

Human rights and market fundamentalism

NOLAN, Mary
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Outros Formato: application/pdf; digital
EN
Relevância na Pesquisa
56.18%
In the 1970s human rights and market fundamentalism gained prominence in the United States, Europe and Latin America. These were simultaneously discourses, ideologies, national movements and transnational networks, and policies that states and NGOs sought to impose. Human rights and market fundamentalism both claimed universal applicability and dismissed previous ideologies; they adhered to methodological individualism, critiqued the state, and marginalized the social. But despite striking affinities, there is no single relationship between human rights and market fundamentalism from the 1970s through the 1990s. This talk explores three cases where human rights were defined and new human rights policies developed, and where neoliberal policies were debated and implemented: in Eastern Europe, in Latin America and in the case of women’s economic rights as human rights.; The lecture was delivered on 19 March 2014 at the Badia Fiesolana

Children's Socio-Economic Rights, Democracy and the Courts

NOLAN, Aoife
Fonte: Hart Publishing Publicador: Hart Publishing
Tipo: Livro
EN
Relevância na Pesquisa
46.4%
(Published version of EUI PhD thesis, 2005.); Despite the significant growth in academic interest in both children's rights and socio-economic rights over the last two decades, children's socio-economic rights are a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such rights. Aoife Nolan's book remedies this omission, focussing on the circumstances in which the courts can and should give effect to the socio-economic rights of children. The arguments put forward are located within the context of, and develop, long-standing debates in constitutional law, democratic theory and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children's socio-economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice. The author brings together and addresses a wide range of issues that have never previously been considered together in book form. These include children's socio-economic rights; children as citizens and their position in relation to democratic decision-making processes; the implications of children and their rights for democratic and constitutional theory; the role of the courts in ensuring the enforcement of children's rights; and the debates surrounding the litigation and adjudication of socio-economic rights. This book thus represents a major original contribution to the existing scholarship in a range of areas including human rights...

Children's Socio-Economic Rights and the Courts: Evaluating an activist approach

NOLAN, Aoife
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado Formato: Paper
EN
Relevância na Pesquisa
56.37%
Defence date: 28 October 2005; Examining board: Prof. Wojciech Sadurski, EUI (Supervisor) ; Prof. Carol Sanger, Columbia University (External Supervisor) ; Prof. Philip Alston, New York University ; Prof. Geraldine Van Bueren, Queen Mary/University of Cape Town; Despite the significant growth in academic interest in both children's rights and socio-economic rights over the last two decades, children's socio-economic rights are a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such rights. Aoife Nolan's book remedies this omission, focussing on the circumstances in which the courts can and should give effect to the socio-economic rights of children. The arguments put forward are located within the context of, and develop, long-standing debates in constitutional law, democratic theory and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children's socio-economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice. The author brings together and addresses a wide range of issues that have never previously been considered together in book form. These include children's socio-economic rights; children as citizens and their position in relation to democratic decision-making processes; the implications of children and their rights for democratic and constitutional theory; the role of the courts in ensuring the enforcement of children's rights; and the debates surrounding the litigation and adjudication of socio-economic rights. This dissertation thus represents a major original contribution to the existing scholarship in a range of areas including human rights...

Women’s Legal Rights over 50 Years : What Is the Impact of Reform?

Hallward-Driemeier, Mary; Hasan, Tazeen; Bogdana Rusu, Anca
Fonte: World Bank, Washington, D.C. Publicador: World Bank, Washington, D.C.
EN_US
Relevância na Pesquisa
56.4%
This study uses a newly compiled database of women's property rights and legal capacity covering 100 countries over 50 years to test for the impact of legal reforms on employment, health, and education outcomes for women and girls. The database demonstrates gender gaps in the ability to access and own property, sign legal documents in one's own name, and have equality or non-discrimination as a guiding principle of the country's constitution. In the initial period, 75 countries had gender gaps in at least one of these areas and often multiple ones. By 2010, 57 countries had made reforms that strengthened women's economic rights, including 28 countries that had eliminated all of the constraints monitored here. In the cross-section and within countries over time, the removal of gender gaps in rights is associated with greater participation of women in the labor force, greater movement out of agricultural employment, higher rates of women in wage employment, lower adolescent fertility, lower maternal and infant mortality, and higher female educational enrollment. This paper provides evidence on how the strengthening of women's legal rights is associated with important development outcomes.

Strengthening Economic Rights and Women's Occupational Choice : The Impact of Reforming Ethiopia's Family Law

Hallward-Driemeier, Mary; Gajigo, Ousman
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH; EN_US
Relevância na Pesquisa
56.37%
This paper evaluates the impact of strengthening legal rights on the types of economic opportunities that are pursued. Ethiopia changed its family law, requiring both spouses' consent in the administration of marital property, removing the ability of a spouse to deny permission for the other to work outside the home, and raising women's minimum age of marriage. Thus both access to resources and the removal of restrictions on employment served to strengthen women's bargaining position within the household and their ability to pursue economic opportunities. Although this reform now applies nationally, it was initially rolled out in the two chartered cities and three of Ethiopia's nine regions. Using nationally representative household surveys from just prior to the reform and five years later allows for a difference-in-difference estimation of the reform's impact. The analysis finds that women were relatively more likely to work in occupations that require work outside the home, employ more educated workers...

Book review: Children’s socio-economic rights, democracy and the courts

Pillay, Anashri
Fonte: London School of Economics and Political Science Publicador: London School of Economics and Political Science
Tipo: Website; NonPeerReviewed Formato: application/pdf
Publicado em 27/03/2013 EN; EN
Relevância na Pesquisa
56.31%
Despite increased academic interest in both children’s rights and socio-economic rights over the last two decades, children’s social and economic rights remain a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such social rights. Aoife Nolan attempts to remedy this omission, focussing on the circumstances in which the courts can and should give effect to the social and economic rights of children. Anashri Pillay thinks this book is on the course to becoming the ‘go to’ source on the adjudication of children’s socio-economic rights for human rights scholars and practitioners.

Judicial enforcement of socio-economic rights in South Africa and the separation of powers objection: The obligation to take 'other measures'

Ngang,Carol C
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
76.35%
The framework for constitutional democracy in South Africa assigns to the courts a pivotal role in assuring effective protection and translation of the range of entrenched socio-economic rights into material entitlements. This has enabled the courts in some instances to exercise considerable authority that has significantly influenced policy to the extent that power relations between the judiciary and the political arms of government have been threatened. Proponents of the doctrine of the separation of powers have expressed concerns, claiming that the meddling of the courts in the domain of policy making is politically incorrect. Consequently, the judicial enforcement of socio-economic rights has increasingly suffered setbacks, which to a large extent have retarded the constitutional vision of social transformation. Thus, in spite of South Africa's acclaimed global leadership in the enforcement of socio-economic rights, little has actually been accomplished in terms of improving the livelihood for victims of socio-economic deprivation. Considering that the enforcement of socioeconomic rights is context-specific, I question the rationale for avoiding a 'jurisprudence of exasperation', which demonstrates greater potential to produce transformative outcomes than the preferred 'jurisprudence of accountability' which has shown little transformative effect. Just as the realisation of socio-economic rights through political strategies amounts to material entitlement...

An argument for South Africa's accession to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in the light of its importance and implications

Viljoen,F; Orago,N
Fonte: PER: Potchefstroomse Elektroniese Regsblad Publicador: PER: Potchefstroomse Elektroniese Regsblad
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2014 EN
Relevância na Pesquisa
56.33%
The universality, indivisibility, interdependence and interrelatedness of all rights have been universally acclaimed since the drafting in 1948 of the Universal Declaration of Human Rights. However, despite the doctrine of indivisibility, civil and political rights (CPRs) have for a long time been treated as being enforceable judicially at the national, regional and international levels, while socio-economic rights (SERs) have not. With the elaboration and adoption of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR), which mandates the Committee on Economic, Social and Cultural Rights (CESCR) to consider individual communications detailing the violations of SERs, the justiciability of SERs was also fully recognised at the international level. This paper undertakes an analysis of the importance and implications of the individual communications procedure under the OP-ICESCR and details some of the reasons why it would be beneficial for South Africa to accede thereto. The argument for accession by South Africa to the OP-ICESCR departs from the premise that South Africa's ratification of the ICESCR is imminent. Having signed the ICESCR on 3 October 1994, the South African Cabinet on 10 October 2012 decided that South Africa should ratify the Covenant. The authors argue that acceding to the OP-ICESCR will complement domestic protection and will confirm South Africa's global leadership in the field of justiciable SERs. Logic dictates that South Africa should confirm at the international level its position as a world leader on the national justiciability and legal enforcement of SERs...

Limitation of socio-economic rights in the 2010 Kenyan Constitution: a proposal for the adoption of a proportionality approach in the judicial adjudication of socio-economic rights disputes

Orago,NW
Fonte: PER: Potchefstroomse Elektroniese Regsblad Publicador: PER: Potchefstroomse Elektroniese Regsblad
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/05/2013 EN
Relevância na Pesquisa
66.27%
On 27 August 2010 Kenya adopted a transformative Constitution with the objective of fighting poverty and inequality as well as improving the standards of living of all people in Kenya. One of the mechanisms in the 2010 Constitution aimed at achieving this egalitarian transformation is the entrenchment of justiciable socio-economic rights (SERs), an integral part of the Bill of Rights. The entrenched SERs require the State to put in place a legislative, policy and programmatic framework to enhance the realisation of its constitutional obligations to respect, protect and fulfill these rights for all Kenyans. These SER obligations, just like any other fundamental human rights obligations, are, however, not absolute and are subject to legitimate limitation by the State. Two approaches have been used in international and comparative national law jurisprudence to limit SERs: the proportionality approach, using a general limitation clause that has found application in international and regional jurisprudence on the one hand; and the reasonableness approach, using internal limitations contained in the standard of progressive realisation, an approach that has found application in the SER jurisprudence of the South African Courts, on the other hand. This article proposes that if the entrenched SERs are to achieve their transformative objectives...

Courts and the enforcement of socio-economic rights in Malawi: Jurisprudential trends, challenges and opportunities

Kapindu,Redson E
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2013 EN
Relevância na Pesquisa
56.4%
Socio-economic rights are of special significance in a developing country such as Malawi. The framers of the Malawian Constitution included the right to development in the country's Bill of Rights. The right to development is not only included as a self-standing right, but is also a conduit for the guarantee of equal access to a range of other socio-economic rights. Regrettably, the record of judicial enforcement of these rights subsequent to 1994 is disappointing. Only in a few cases, largely focusing on a narrow range of rights such as property, work, economic activity and, to a lesser extent, education, have courts directly and significantly dealt with socio-economic rights. Such consideration has also been deficient as courts have failed to develop the content of the rights and to define the nature of the obligations of both the state as well as non-state actors in relation to socio-economic rights. There has been little or no attempt to apply norms of international human rights law and comparable foreign case law. Worse still, in some related cases, courts have stated that they will not deal with any issues that raise policy considerations as such matters are outside the province of judicial competence. This is a problematic approach that could stultify the development of socio-economic rights jurisprudence. The Masangano case...

Inclusion by exclusion? An assessment of the justiciability of socio-economic rights under the 2005 Interim National Constitution of Sudan

Miamingi,Remember
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2009 EN
Relevância na Pesquisa
56.35%
Section 22 of the Interim Constitution of Sudan states that socio-economic rights provided for under the Guiding Principles and Directives section are not justiciable. However, section 27(3) of the same Constitution states that every right and freedom provided for in international human rights instruments to which Sudan is a party forms an integral part of the Sudan Bill of Rights. Sudan is a party to, inter alia, the International Covenant on Economic, Social and Cultural Rights, the United Nations Convention on the Rights of the Child, the African Charter on Human and Peoples' Rights and the African Charter on the Rights and Welfare of the Child. Each of these international human rights instruments provides for socio-economic rights. This article is an attempt to establish that, even though socio-economic rights are provided for under the Guiding Principles and Directives section of the Interim Constitution of Sudan, they are nonetheless justiciable. This is because socio-economic rights, excluded from the jurisdiction of the courts via section 22, have in fact been included by virtue of section 27(3). This paper argues that section 22 has been rendered redundant by section 27(3).

Unaccompanied minor refugees and the protection of their socio-economic rights under human rights law

Swart,Sarah
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2009 EN
Relevância na Pesquisa
56.11%
This paper reflects the results of a study, the main objective of which was to investigate the practical treatment of unaccompanied minor refugees in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children. The study focused on the realisation of children's socio-economic rights in order to measure treatment. The paper seeks to address the obstacles which prevent the proper treatment of unaccompanied minor refugees, and to make recommendations as to how the international community can better regulate the treatment of unaccompanied minor refugees. In essence, this paper aims to investigate whether there is a discrepancy between the rights of child refugees acknowledged in international law, and the situation of unaccompanied minor refugees in practice and, if so, how this can be remedied. The paper seeks to show, through the case studies of Ghana and South Africa, that unaccompanied minor refugees are, to a certain extent, lost in the system.

Constitutional basis for the enforcement of ''executive'' policies that give effect to socio-economic rights in South Africa

Fuo,ON
Fonte: PER: Potchefstroomse Elektroniese Regsblad Publicador: PER: Potchefstroomse Elektroniese Regsblad
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/04/2013 EN
Relevância na Pesquisa
66.3%
Although "executive" policies remain an important governance tool, there appears to be confusion on the status and possible basis for their judicial enforcement in South Africa. The aim of this article is to critically reflect on the status and possible constitutional basis for the enforceability of "executive" policies that give effect to socio-economic rights in South Africa. Based on the jurisprudence of courts and some examples of "executive" policies, this article demonstrates that the constitutional basis for the enforceability of "executive" policies could be located inter alia in the positive duties imposed on government by sections 24(b), 25(5), 26(2) and 27(2) of the Constitution to "take reasonable legislative and other measures" within the context of available resources to give effect to relevant rights. This article argues that these duties amount to a constitutional delegation of authority to the legislative and executive branches of government to concretise socio-economic rights. In addition, this article demonstrates that where "executive" policies give effect to socio-economic rights pursuant to powers delegated by enabling provisions in original legislation that covers the field of socio-economic rights, such policies may be perceived to have the force of law...