A FULL LOAF IS BETTER THAN HALF: THE CONSTITUTIONAL PROTECTION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN MALAWI

2005 ◽  
Vol 49 (2) ◽  
pp. 207-241 ◽  
Author(s):  
Danwood Mzikenge Chirwa
Keyword(s):  
Poor Country ◽  
National Policy ◽  
Transition To Democracy ◽  
New Wave ◽  
Bill Of Rights ◽  
Constitutional Protection ◽  
Cultural Rights ◽  
Full Effect ◽  
Public Consultations ◽  
Better Than

CHIRWA, DANWOOD MZIKENGE, A full loaf is better than half: the constitutional protection of economic, social and cultural rights in Malawi, Journal of African Law, 49, 2 (2005): 207–241The last two decades have seen a new wave of constitution-making in Africa as many countries changed from autocracy to democracy. Malawi followed the trend by adopting a new Constitution in 1994 to mark the end of a 30-year, dictatorial one-party regime. This Constitution breaks with traditional constitutions by recognizing economic, social and cultural rights. However, few of these rights are entrenched in the Bill of Rights as justiciable rights. The rest are enshrined as unenforceable principles of national policy. These provisions and the jurisprudence they have generated thus far are discussed critically. It is argued that while the Malawian Constitution deserves acclaim for recognizing these rights, the model adopted for protecting them fails to give full effect to the notion of the indivisibility of all rights and is not good enough for a poor country, which is also in transition to democracy. Not only was Malawi's choice of this model not preceded by a careful and reasoned examination of the existing models and the local circumstances, it was also made without wide public consultations. The ways, based on the existing constitutional provisions, in which the protection of these rights can be improved are explored.

Epilogue

2020 ◽  
pp. 179-192
Author(s):  
Donald W. Rogers
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Bill Of Rights ◽  
Jersey City ◽  
Constitutional Protection ◽  
Congress Of Industrial Organizations ◽  
Industrial Organizations ◽  
Police Harassment ◽  
The Right ◽  
American Civil Liberties Union

This epilogue shows that Hague v. CIO had a legacy more complex than its reputation as a speech rights victory for workers and others over dictatorial city boss Frank Hague under the Bill of Rights. The American Civil Liberties Union and renamed Congress of Industrial Organizations (CIO) immediately split over the decision’s ramifications. Moreover, while the ruling enlarged constitutional protection for the right of public assembly to the benefit of Jehovah’s Witnesses, civil rights demonstrators, and others, it did little to enhance picketing and other “labor speech,” or to shield union organizers from police harassment. And while the decision freed the CIO to organize in Jersey City, it did not destroy Mayor Hague, who accommodated CIO unions and was ousted later due to city politics.

scholarly journals Green Economy for Sustainable Development in Nepal: Role of Forestry Sector

2014 ◽  
Vol 5 ◽  
pp. 96-109 ◽  
Author(s):  
Madhav Karki
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Poverty Reduction ◽  
Poor Country ◽  
National Policy ◽  
Monitoring And Evaluation ◽  
Green Economy ◽  
Low Carbon ◽  
Economic Activities ◽  
Rural And Urban

Although there is no unified view among the policy makers and development experts on what represents and drives a Green Economy and there is also no clarity on what it means for the mountain countries like Nepal, the concept is however, very pertinent in the context of rapid climate change and unsustainable development. There is a general agreement that green economy provides opportunities for developing and forest rich country like Nepal as the fossil fuel-based and import oriented consumerism based economy cannot be successful today and in future. It is likely that green economy could be a good vehicle to reach sustainable mountain development (SMD). However, there is a need to develop specific and strategies and action plans to implement green and low-carbon economic activities. First and foremost, there is a need to develop a national policy and to use green economy to achieve poverty reduction and sustainable development. The economic growth rate has to be sustained while reducing poverty through sound development plans and programmes actively participated and managed by poor and enterprising rural and urban communities and supported by government, non-government and donor agencies. There are numerous challenges in adapting and adopting Green Economy policies in a poor country like Nepal. Capacity and skill development, technology adaptation, transfer, and retrofitting to suit Nepal’s hilly and mountainous terrains, need for huge investment in processing and value addition, and of course adapting to and mitigating against climate change are some of the major challenges. Notwithstanding these constraints, green economic policies and programmes can be means to achieve sustainable development in the mountainous region. There is need to document good case studies for drawing lessons so that future green growth pathway can be charted in a flawless manner and scaling up of the success to create bigger impacts can be achieved. Finally, effective and outcome oriented implementation will require multi-disciplinary planning, interdisciplinary implementation, and effective and participatory monitoring and evaluation. DOI: http://dx.doi.org/10.3126/init.v5i0.10259   The Initiation 2013 Vol.5; 96-109

The Protection of Human Rights by the Organization of American States

1968 ◽  
Vol 62 (4) ◽  
pp. 889-908 ◽  
Author(s):  
José A. Cabranes
Keyword(s):  
Human Rights ◽  
San Francisco ◽  
General Assembly ◽  
Political Rights ◽  
Bill Of Rights ◽  
Cultural Rights ◽  
Optional Protocol ◽  
American States ◽  
Protection Of Human Rights ◽  
Civil And Political Rights

On December 16, 1966, the General Assembly approved three agreements designed to establish a global system of enforceable treaty obligations with respect to fundamental human rights. These agreements are the second part of the “international bill of rights” proposed at the San Francisco Conference. Eighteen years separated the adoption of these agreements—the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights—and the approval in 1948 of the first part of the projected United Nations program for the protection of human rights, the non-binding Universal declaration of Human Rights.

scholarly journals The Nurses No-One Remembers: Looking for Spanish Nurses in Accounts of the Spanish Civil War (1936–1939)

2019 ◽  
Vol 28 (1) ◽  
pp. 63-92
Author(s):  
Sioban Nelson ◽  
Paola Galbany-Estragués ◽  
Gloria Gallego-Caminero
Keyword(s):  
Civil War ◽  
Spanish Civil War ◽  
National Policy ◽  
Transition To Democracy ◽  
Second Republic ◽  
Skilled Nursing ◽  
War Effort ◽  
The Impact ◽  
Franco Dictatorship ◽  
International Volunteer

Accounts of Spanish nursing and nurses during the Spanish Civil War (1936–1939) that appear in the memoirs and correspondence of International Brigade volunteers, and are subsequently repeated in the secondary literature on the war, give little indication of existence of trained nurses in country. We set out to examine this apparent erasure of the long tradition of skilled nursing in Spain and the invisibility of thousands of Spanish nurses engaged in the war effort. We ask two questions: How can we understand the narrative thrust of the international volunteer accounts and subsequent historiography? And what was the state of nursing in Spain on the Republican side during the war as presented by Spanish participants and historians? We put the case that the narrative erasure of Spanish professional nursing prior to the Civil War was the result of the politicization of nursing under the Second Republic, its repression and reengineering under the Franco dictatorship, and the subsequent national policy of “oblivion” or forgetting that dominated the country during the transition to democracy. This policy silenced the stories of veteran nurses and prevented an examination of the impact of the Civil War on the Spanish nursing profession.

Influence of the ICESCR in Africa

2018 ◽  
Author(s):  
Manisuli Ssenyonjo
Keyword(s):  
Human Rights ◽  
Legal Systems ◽  
International Treaties ◽  
Constitutional Protection ◽  
Cultural Rights ◽  
National Courts ◽  
The Future ◽  
Protection Of Human Rights

This chapter considers the influence of the International Covenant on Economic, Social and Cultural Rights in Africa. It seeks to show how the Covenant as interpreted by the UN Committee on Economic, Social and Cultural Rights has, through the fifty years since its adoption, influenced the regional and domestic protection of economic, social and cultural rights (ESCR) in Africa. The chapter begins by considering the influence of the Covenant on the regional protection of human rights in Africa, followed by an analysis of the influence of the Covenant on the protection of ESCR in the domestic legal systems of African States, focusing primarily on the constitutional protection of ESCR. It then considers the limited influence of the Covenant on national courts’ jurisprudence in African States that apply dualist and monist approaches to international treaties. The chapter ends by making recommendations to maximize the future influence of the Covenant.

Bill of Rights

2020 ◽  
pp. 35-84
Author(s):  
Richard B. Collins ◽  
Dale A. Oesterle ◽  
Lawrence Friedman
Keyword(s):  
Property Rights ◽  
State Government ◽  
Limit State ◽  
Fourth Amendment ◽  
Equal Protection ◽  
Bill Of Rights ◽  
Constitutional Protection ◽  
Unique Path ◽  
Civil Laws

This chapter examines the Colorado Bill of Rights. It focuses on situations in which Colorado rights have significance independent of the federal Bill of Rights. This occurs when a Colorado provision has no federal counterpart or is interpreted to limit state government more strictly than its federal equivalent. An important provision protects privacy against government searches and seizures somewhat more than the federal Fourth Amendment. Others provide protection against retroactive civil laws and provide for condemnation of easements to serve mining and agriculture interests. Explicit provisions protect property rights of alien residents and require owners’ consent to municipal annexations. The chapter also explains Colorado’s unique path to constitutional protection of equal protection of the laws.

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