Gender, poverty and the development of the right to social security

2014 ◽  
Vol 10 (4) ◽  
pp. 460-477 ◽  
Author(s):  
Beth Goldblatt
Keyword(s):  
Social Security ◽  
International Law ◽  
Women's Work ◽  
Limited Attention ◽  
Gender Perspective ◽  
Women’S Work ◽  
Substantive Equality ◽  
The Right ◽  
The Relationship

AbstractThe international right to social security has been given limited attention as a vehicle for addressing women's poverty. This paper highlights some of the issues shaping women's poverty globally that require a more responsive right to social security. It discusses the nature and purpose of social security and examines the international law relating to this right, arguing that recent interpretations lack an adequate framework for ensuring women's interests are fully accommodated. The paper challenges the relationship between the right to social security and traditional conceptions of work that exclude women's labour. It also argues that the right must have application at the transnational level if it is to address the changing nature of women's work. Drawing on ideas of substantive equality, it proposes an approach to the development of the right from a gender perspective including a set of principles to be followed in applying the right.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

WOMEN'S WORK AND FERTILITY IN A SUB-SAHARAN URBAN SETTING: A SOCIAL ENVIRONMENT APPROACH

2000 ◽  
Vol 32 (1) ◽  
pp. 17-35 ◽  
Author(s):  
VICTOR AGADJANIAN
Keyword(s):  
Social Environment ◽  
Contraceptive Use ◽  
Women's Work ◽  
Work Environments ◽  
Urban Setting ◽  
Multivariate Tests ◽  
Modern Contraception ◽  
Women’S Work ◽  
Sub Saharan ◽  
The Relationship

Data from three separate studies conducted in Maputo, Mozambique, in 1993 are used to analyse the relationship between the type of social environment in which women work and their fertility and contraceptive use. The analysis finds that women who work in more collectivized environments have fewer children and are more likely to use modern contraception than women who work in more individualized milieus and those who do not work outside the home. Most of these differences persist in multivariate tests. It is argued that collectivized work environments are most conducive to diffusion and legitimation of reproductive innovations. In contrast, individualized environments tend to isolate women and therefore may retard their acceptance of innovative fertility-related behaviour.

Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law

2009 ◽  
Vol 22 (2) ◽  
pp. 225-249 ◽  
Author(s):  
JÖRG KAMMERHOFER
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Pure Theory ◽  
Municipal Law ◽  
Hans Kelsen ◽  
Theory Of Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Theorist

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

Protection of the right to social security of the migrant worker in international law

2021 ◽  
Vol 8 (2) ◽  
pp. 104-148
Author(s):  
Kehinde Anifalaje
Keyword(s):  
Social Security ◽  
International Law ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Human Right ◽  
Number Of Factors ◽  
The Social ◽  
Domestic Legislation ◽  
The Right ◽  
International Instruments

The right to social security is recognised as a basic human right in a number of international instruments. While most nations give recognition to social security rights and generally enforce them within the dictates of domestic legislation to their nationals, the narrative is different for non-nationals, particularly the migrant worker. The article examines the measures that have been deployed at international and regional levels to protect the social security rights of migrant workers, with particular attention to the regular ones. It argues that a number of factors, including the doctrines of territoriality and nationality, account for the marginalisation of the migrant worker in the enforcement of these rights. Some migrant-specific international instruments and series of bilateral and multilateral agreements to overcome these perceived challenges are being hindered by the low number of ratifying countries and disparities in the design and level of development of schemes for specific branches of social security across countries. The article concludes that the social security right of the migrant worker would be enhanced if more countries ratify, domesticate and enforce relevant international instruments on the social security rights of the migrant worker and complement same by a much more coordinated bilateral and multilateral social security agreements.

The New Order

2012 ◽  
Author(s):  
Richard Bradley
Keyword(s):  
Structural Changes ◽  
Women's Work ◽  
The Political ◽  
New Order ◽  
Social Standing ◽  
Women’S Work ◽  
The People ◽  
Straight Line ◽  
Circular Structures ◽  
The Right

How would someone who had been brought up in a roundhouse adapt to life in a rectangular world? The experience of a servant working for a family in Malawi shows how difficult it could be. Her predicament is described in a book entitled Women’s Work in Heathen Lands, published in 1886. Jan Deregowski quotes the following extract:… In laying the table there is trouble for the girl. At home her house is round; a straight line and the right angle are unknown to her or her parents before her. Day after day therefore she will lay the cloth with the folds anything but parallel with one edge of the table. Plates, knives and forks are set down in a confusing manner, and it is only after lessons often repeated and much annoyance that she begins to see how things might be done (Laws 1886, quoted by Deregowski 1973: 180–1)… That simple story introduces a larger issue. Under what circumstances did people make the transition from a world of circular structures to one of squares and rectangles, and how were their lives affected by that process? It is surprising how much attention had been paid to structural changes among ancient buildings and how little to the political and social circumstances in which they happened. One way of approaching this topic is not only studying the advantages offered by new styles of architecture, but also asking which important features might be lost. That is too rarely considered. Many of the approaches described in Chapter 2 emphasized the possibilities offered by the change from circular to rectangular buildings. Houses could be larger and could accommodate more people; they would be easier to maintain; they could be expanded as the number of inhabitants increased and space was subdivided; in many cases rectilinear dwellings could be inhabited over longer periods than roundhouses. None of those arguments is unsatisfactory in itself, but all are incomplete because they do not take into account the motives of the people who chose to live there. Chapter 2 also showed how houses could be used to emphasize subtle distinctions among their inhabitants: differences that were based on age, gender, and social standing.

Southwest China

2017 ◽  
Author(s):  
Laurel Bossen ◽  
Hill Gates
Keyword(s):  
Survey Data ◽  
Southwest China ◽  
Women's Work ◽  
Cotton Cloth ◽  
Cotton Yarn ◽  
Women’S Work ◽  
Fertile Ground ◽  
Locally Grown ◽  
The Relationship

China’s Southwest, lacking locally grown cotton, had imported raw cotton, cotton yarn, and cotton cloth. Among our five village sites in mountainous Yunnan and Guizhou, differences in the distance from industrial centers and the railway allowed some villages to specialize in hand woven textiles and other commercial crafts while other villages relied less on women’s handcraft labor. With milder winters, the work of cultivating double-cropped rice and opium left less time for handwork, and generated income used to buy textiles. The variations in Han women’s work and footbinding provide fertile ground for testing the relationship between girls’ labor and footbinding. The examination of Southwest China concludes with comparison to Gates’ earlier survey data on footbinding among nearly 5,000 Sichuan women.

The Uncomfortable Balance between a Minority and a People: The Global/Local Disconnect

2017 ◽  
Vol 24 (3) ◽  
pp. 254-272
Author(s):  
Parvathi Menon
Keyword(s):  
International Law ◽  
Personal Characteristic ◽  
Minority Rights ◽  
Self Determination ◽  
Minority Protection ◽  
Political Processes ◽  
Minority Identity ◽  
The Right ◽  
The Relationship

The legitimacy of secessionist movements has emerged as an important debate, while the protection of minorities within a democracy has become merely of peripheral interest to international law. My project suggests that the advent of universalized (minority) rights re-conceptualized the majority-minority relationship and its balance, reducing the possibilities of political processes to balance the relationship. What was construed as a redress for dichotomous relationships between the oppressor and the oppressed through (the right to) self-determination, became a discourse between minority (identity) rights and a democratic entitlement, post-colonially. These norms universalized a demand to rethink minority protection, no longer from the perspective of advantaged and disadvantaged; rather, to introduce perspectives of individuals polarized around a personal characteristic in their identity thus establishing/reinforcing the inferiority of their identity within the hierarchy.

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