Identification of the Determinants of Rural Workforce Migration: A Study of Construction Segments in Udupi District, Karnataka, India

2020 ◽  
Vol 25 (2) ◽  
pp. 256-270
Author(s):  
Praveen Naik Bellampalli ◽  
Roopesh Kaushik
Keyword(s):  
Wage Distribution ◽  
Access To Education ◽  
Construction Sector ◽  
Residential Housing ◽  
Legal Provisions ◽  
Rural Workforce ◽  
Labour Market Segmentation ◽  
The Status ◽  
Informal Practices ◽  
Migrant Households

The article critically examines the migration process and the manner in which it affects the livelihood of migrants. Based on a survey in Udupi district of Karnataka, it identifies the status of migrant labourers in the construction sector. It presents evidence on labour market segmentation and the resulting unequal wage distribution between migrants in this segment. Migrants, at their destination, have poor living and working conditions, lack entitlements, have low level of consumption and endure hardship. Migrant households reported higher expenditure on food and non-food consumption and temporary residential housing. Children of migrants have limited access to education in the destination place. The article maps informal practices that violate the legal provisions for these work segments.

Super-exploitation of Adivasi Migrant Workers: The Political Economy of Migration from Southern Rajasthan to Gujarat

2018 ◽  
Vol 31 (1) ◽  
pp. 63-99 ◽  
Author(s):  
Priyanka Jain ◽  
Amrita Sharma
Keyword(s):  
Political Economy ◽  
Market Segmentation ◽  
Migrant Workers ◽  
Wage Distribution ◽  
Legal Provisions ◽  
Structural Forces ◽  
Labour Market Segmentation ◽  
Informal Practices ◽  
Surplus Extraction ◽  
Growth Centres

This article offers a political economy account of labour migration of Adivasi workers from southern Rajasthan to growth centres in Gujarat. It unpacks the structural forces that shape this labour mobility, which erupted only as recently as 30 years back. The article focuses on three industries that are key employers of migrant workers—construction, textile as well as small hotels and restaurants in the Gujarati cities of Ahmedabad and Surat. It presents evidence on labour market segmentation and resulting unequal wage distribution between migrants in this corridor by their social group. This is complemented by an extensive mapping of the informal practices that violate applicable legal provisions found in these industry segments. Through these, the article teases out the mechanisms by which the community undergoes what in Marxian terms are referred to as surplus extraction and super-exploitation. The article finds that Gujarat’s economy utilizes the historically low socio-economic position of Adivasis for capitalist accumulation, such that the community’s poverty and disadvantaged position is reproduced inter-generationally, instead of being interrupted by their employment in the growth centres of the state. JEL: O15, J61, N35

scholarly journals International protection of persons with mental disabilities

Temida ◽  
2007 ◽  
Vol 10 (3) ◽  
pp. 11-24
Author(s):  
Zoran Radivojevic ◽  
Nebojsa Raicevic
Keyword(s):  
Soft Law ◽  
The European Union ◽  
Mental Disabilities ◽  
International Treaties ◽  
Council Of Europe ◽  
International Protection ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
The Status ◽  
Special Protection

In International law, the status of persons with mental disabilities is regulated within the framework on the protection of persons with disabilities. Their rights are protected not only by international treaties comprising legal provisions of binding character for the parties but also by means of the so-called "soft law" comprising international documents which are not legally binding. Most of the general and subject specific treaties on human rights do not explicitly deal with the status of persons with disabilities. Only recently have some treaties been made containing legal provisions on special protection of persons with disabilities. The most important treaty of this kind is the UN Convention on the Rights of Persons with Disabilities, adopted in the year 2006. The protection of such persons is regulated in much more detail by "soft law" which includes a number of documents adopted by the UN, the Council of Europe and the European Union. Although most of these documents primarily pertain to the rights and the status of persons with disabilities, there are a few that exclusively deal with the protection of persons with mental disorder.

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

Status of Crime Victims in Bangladesh

2021 ◽  
pp. 251660692110572
Author(s):  
Mohammad Omar Faruk ◽  
Sanjeev P. Sahni ◽  
Gerd Ferdinand Kirchhoff
Keyword(s):  
Crime Victims ◽  
Legal Rights ◽  
Public Confidence ◽  
Criminal Cases ◽  
Colonial Legacy ◽  
Legal Provisions ◽  
The Status ◽  
The Face ◽  
Research Findings ◽  
Women And Children

Though a few provisions for the victim of crimes were indirectly recognized since the nineteenth century, from 2000 onwards, legal entitlements for crime victims are realized in Bangladesh with a specific focus on women and children. So far, few analyses are found to be performed mainly by the legal experts, emphasizing legal rights and remedies with recommendations for legal reform. However, studies on the status of victims’ rights seem to be incomplete without considering administrative as well as social reality—dominated by colonial legacy and traditional practices—beyond the written clauses in the law books. This study is one of the pioneering attempts in Bangladesh to understand the status of crime victims against the backdrop of recent legal changes and to examine the argument whether the legal provisions itself are enough in providing victims with intended benefits without simultaneous social and administrative changes. Within the theoretical framework of balancing victim’s rights and informal social control (victim blaming), this qualitative study (through content analysis) reviewed all criminal laws and research findings related to victim’s rights within a socio-legal approach in terms of victim’s access, participation, protection, services and compensation. Along with the rights legally granted to victims, available research findings were interpreted in connection to those particular rights. It is found that there are unsupportive social milieu, administrative subculture and political practices, where victims of crime are strongly restrained from enjoying their rights. Particularly, the status of crime victims is found to be undermined in the face of corruption, low public confidence on enforcing agencies, gross withdrawal or discharge of criminal cases on political grounds, limited geographical coverage of victim support services and shelter homes, lengthy process for compensation and unavailability of rules or guidelines to enforce the rights.

scholarly journals Fra hjelper til profesjonsutøver - profesjonalisering av tolkeyrket i Norge

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Hanne Kristine Angelshaug
Keyword(s):  
Public Sector ◽  
Native Speaker ◽  
Graduate Degree ◽  
Access To Education ◽  
National Register ◽  
Professional Skills ◽  
The Public ◽  
The Status ◽  
Professional Title

The title “interpreter” is not a professional title in Norway; Norwegian legislation only applies to “sworn interpreters” authorized by the Directorate of Integration and Diversity (IMDi). The interpreter authorization scheme is one of the steps that have been taken to guarantee the quality of the interpreters and their services. Another step has been the creation of the National Register of Interpreters, which provides the public with access to qualified interpreters. However, the register is not flawless and may exclude well-qualified interpreters. The register has five qualification categories with different sets of requirements; the only problem is that the interpreter’s access to the different courses that enables the interpreter to enter the register is limited. This problem could be remedied easily by means of the official exams for the grant of the title ”sworn interpreter”, but regretfully the exams, as well as the necessary courses to advance from category to category in the register, are not available in all language combinations or on a frequent basis. The distinction between an “interpreter” and a “sworn interpreter” may not be the quality, as much as the professional title and having access to education. In this context, the importance of licensing or professionalization linked to the phenomenon of trust becomes evident. The foreign and native speaker have to communicate through an interpreter, they need to trust the interpreter in order to get their message through, but why anyone should do that without a guarantee that the interpreter is qualified is another question. Mainly non-professional interpreters perform interpretation in the public sector and several studies show that the interpreters lack linguistic and professional skills to do their job satisfactory. This problem should not be ignored, but rather properly addressed by establishing a professional graduate degree to ensure the quality of the interpreter and consolidate the status of the interpreter as a professional in the public sector in Norway. However, this is only one side of the problem, it is also necessary to promote and ensure the use of qualified labour in the public sector.

scholarly journals Implementation and performance of haemovigilance systems in 10 sub-saharan African countries is sub-optimal

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Washington T. Samukange ◽  
Verena Kluempers ◽  
Manvi Porwal ◽  
Linda Mudyiwenyama ◽  
Khamusi Mutoti ◽  
...  
Keyword(s):  
Human Resources ◽  
African Countries ◽  
Face To Face ◽  
Regulatory Processes ◽  
Legal Provisions ◽  
The Status ◽  
Sub Saharan ◽  
And Performance ◽  
Set Up ◽  
Regulations And Guidelines

Abstract Background Haemovigilance is an important element of blood regulation. It includes collecting and evaluating the information on adverse events resulting from the use of blood and blood components with the aim to improve donor and patient safety. We describe the results of the pilot of the integrated GBT+ Blood for the haemovigilance function in 10 sub-Saharan African countries. Methods We piloted the integrated WHO Global Benchmarking Tool plus Blood (GBT+ Blood) to assess the haemovigilance function of national regulatory authorities (NRAs) in Ethiopia, Kenya, Malawi, Nigeria, Liberia, Rwanda, South Africa, Tanzania, Uganda, and Zimbabwe. Data obtained from documents and face to face interviews were used to determine the status of implementation and performance of the following six indicators; legal provisions regulations and guidelines, organisation and governance, human resources, regulatory processes, transparency and accountability and finally, monitoring progress and assessing impact, by estimating median scores across 20 sub-indicators. In addition, a cluster analysis was performed. Results The countries showed inter-organisation variability in implementation and performance of the haemovigilance function. The overall median score (all sub-indicators) was 44 % (range: 7.5 % - 70 %). The lowest average performance scores were for the arrangement for effective organisation and coordination (35 %) and human resources (35 %) indicators. The highest average scores were observed for the mechanism to promote transparency and mechanism to monitor regulatory performance indicators (50 % and 60 %, respectively). We identified clusters of best-implemented sub-indicators from the procedures for haemovigilance and poorly implemented sub-indicators from the legal provisions, regulations and guidelines for haemovigilance and human resources. Conclusions Implementation of sub-indicators and performance of haemovigilance systems varied greatly for all countries with a few countries performing reasonably well in the implementation of some sub-indicators under procedures for haemovigilance. Most countries were poorly implementing sub-indicators in the legal provisions, arrangement for effective organisation and human resources indicators. The legislative provisions in most countries were at a nascent stage. There is a need to set up targeted and customised technical support coupled with prioritised interventions to strengthen the capacities of NRAs.

scholarly journals Review and Content Analysis of the International Review of Research in Open and Distance/Distributed Learning (2000–2015)

2017 ◽  
Vol 18 (2) ◽  
Author(s):  
Olaf Zawacki-Richter ◽  
Uthman Alturki ◽  
Ahmed Aldraiweesh
Keyword(s):  
Distance Education ◽  
Online Learning ◽  
Online Courses ◽  
Distributed Learning ◽  
Open Educational Resources ◽  
International Review ◽  
Access To Education ◽  
Research Areas ◽  
The Status

<p class="3">This paper presents a review of distance education literature published in the <em>International Review of Research in Open and Distance/Distributed Learning</em> (IRRODL) to describe the status thereof and to identify gaps and priority areas in distance education research based on a validated classification of research areas. All articles (<em>N </em>= 580) published between 2000 and 2015 were reviewed for this study. An analysis of abstracts using the text-mining tool Leximancer over three 5-year periods reveals the following broad themes over the three periods: the establishment of online learning and distance education institutions (2000–2005), widening access to education and online learning support (2006–2010), and the emergence of Massive Open Online Courses (MOOCs) and Open Educational Resources (OER) (2011–2015). The analysis auf publication and authorship patterns revealed that IRRODL is a very international journal with a high impact in terms of citations.</p>

scholarly journals Kedudukan Hukum Wanita yang Mulih Daha di Banjar Munggu Kecamatan Mengwi Kabupaten Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 142-147
Author(s):  
Ni Komang Tri Intan Suaristiwayani ◽  
I Ketut Sukadana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Indigenous People ◽  
Research Method ◽  
Legal Research ◽  
Sociological Approach ◽  
Legal Provisions ◽  
The Status ◽  
The Right ◽  
The Village

For Balinese indigenous people, a woman returning to her parents’ home due to divorce has the status of mulih daha. With this status, a woman will have swadharma (obligations) and swadikara (rights) just like before the marriage took place in their respective homes. Several women who have experienced a mulih daha case have visited Banjar Munggu to regain their rights and carry out their obligations. This study examines the procedure for the return of a Balinese woman with the status of mulih daha and their customary position in Banjar Munggu Mengwi Badung. To achieve this goal, this research was conducted using an empirical legal research method with a sociological approach to law. Data were collected through selecting and summarising the data obtained from applicable legal provisions into relevant data with the object of the study. The results reveal that a woman with mulih daha status as a result of divorce does not have the right to inherit from her husband’s assets and / or that of their parents’, except from joint assets in inheritance. In Banjar Munggu Mengwi, the inheritance provisions for women with mulih daha status are clearly stipulated in the Awig-Awig of Banjar Adat, stipulating that every woman with the status of mulih daha is prohibited from joining in the village organisation.

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