This book re-examines fundamental assumptions about the American legal profession and the boundaries between "professional" lawyers, "lay" lawyers, and social workers. Putting legal history and women's history in dialogue, it details the history of the origins and development of free legal aid for the poor in the United States.
This participant observer study chronicles the stories of a group of poor Canadian women, their experience with exclusion by health and social service providers, and their involvement in a feminist action research project.
Access to justice is a fundamental right guaranteed under a wide body of international, regional and domestic law. It is also an essential component of development policies which seek to adequately respond to the multidimensional deprivations faced by the poor in order to improve socio-economic well-being and advance the progress of the Sustainable Development Goals. Women and children make up most of Africa’s poorest and most marginalized population, and as such are often prevented from enforcing rights or seeking other recourse. This book explores and analyzes the issue of gendered access to justice, poverty and disempowerment across Sub-Saharan Africa (SSA), and provides policy discussions on the integration of gender in justice programming. Through individual country case studies, the book focuses on the challenges, obstacles and successes of developing and implementing gender focused access to justice policies and programming in the region. This multidisciplinary volume will be of interest to policy makers as well as scholars and researchers focusing on poverty and gender policy across law, economics and global development in Sub-Saharan Africa. Additionally, the volume provides policy discussion applicable in other geographical areas where access to justice is elusive for the poor and marginalized.
Despite an overhaul in the 1990s, the American welfare system remains with a business model focused on the bottom line. Crafted by male-dominated legislative bodies whose members most likely never had to choose between paying the rent or feeding their kids, established policies primarily protect the popular programs that ensure politicians’ re-election. This book offers a feminist perspective on the 21st century attitude toward poverty, illustrated by the words of women forced to live every day with social policies they had no voice in developing. Topics include the struggles of daily life, crime, health care, education, employment, and a discussion of capitalism, inequality, greed, and moral obligation in a free society. In the unrestrained pursuit of wealth, this work shows that America has created a vast poverty problem, making the rich richer and forcing the poor into a forgotten class.
Author: Edited by Ebenezer Durojaye and Gladys Mirugi-Mukundi
Publisher: Pretoria University Law Press
Category: Biography & Autobiography
About the publication This book addresses poverty, one of the important issues confronting Africa, from a multi-disciplinary approach. With contributions from eminent scholars from diverse backgrounds, the book explores poverty from a human rights perspective. Its central message is that poverty is not necessarily a failure on the part of an individual, but rather caused by the actions or inactions of governments, which are often exacerbated by structural inequalities in many African societies. This in turn requires a more pragmatic approach grounded in respect for human rights. Exploring the link between poverty and human rights in Africa will be useful to researchers, policymakers, students, activists and others interested in addressing poverty. Table of Contents PREFACE viii ACKNOWLEDGMENTS x CONTRIBUTORS xi 1. General introduction to poverty and human rights in Africa Ebenezer Durojaye & Gladys Mirugi-Mukundi 1 Introduction 2 Understanding poverty 3 Nexus between poverty and human rights 4 Significance of this book 4.1 The relevance 5 Overview of the book 5.1 Section I: Trends and incidence of poverty in Africa 5.2 Section II: Poverty and socio-economic rights 5.3 Section III: Poverty and vulnerable groups 5.4 Section IV: Poverty and access to justice 2. Integrating a human rights approach to food security in national plans and budgets: The South African National Development Plan Julian May 1 Introduction 2 Human rights and food security 3 Development planning and human rights 4 The components of budgeting for human rights 4.1 Diagnostic analysis 4.2 Identifying interventions and budget prioritisation 4.3 Estimating the financial costs of achieving food security 4.5 Estimating social and economic benefits 5 Public expenditure management for food security 5.1 Fiscal and monetary policy 5.2 Multi-year budgeting 6 Conclusion 3. Is South Africa winning the war on poverty and inequality? What do the available statistics tell us? Emmanuel Sekyere, Steven Gordon, Gary Pienaar & Narnia Bohler-Muller 1 Introduction 1.1 Income inequality in South Africa 2 Poverty and human development trends in South Africa 2.1 South African Social Attitudes Survey: Perceptions of poverty 2.2 Human development 3 Access to services 4 Addressing social inequality in South Africa 4.1 Addressing income inequality in South Africa 4.2 Addressing human development challenges 4.3 Addressing service delivery 5 Conclusion and summary of findings 4. Who really ‘state-captured’ South Africa? Revealing silences in poverty, inequality and structurally-corrupt capitalism Patrick Bond 1 Introduction 2 Inequality, the state and its ‘capture’ 3 The political economy of the capitalist state 4 World Bank inequality denialism 5 The fight between hostile brothers: The ‘Zuptas’ and ‘White Monopoly Capital’ 6 Social resistances 5. Poverty, women and the human right to water for growing food Ngcimezile Mbano-Mweso 1 Introduction 2 The human right to water 2.1 Recognition in international law 2.2 Definition and content: Is there a right to water for growing food? 2.3 Normative content of the human right to water for growing food 3 Conclusion 6. The link between environmental pollution and poverty in Africa Olubayo Oluduro 1 Introduction 2 Legal framework for the protection of the environment in Africa 3 Nature of environmental pollution in Africa 3.1 Environmental pollution in Africa: Case studies of some countries 4 Nexus between pollution and poverty 4.1 Environmental pollution leads to diversion of labour 4.2 Increased burden of disease in poor countries 4.3 Problem of food security 4.4 Right to safe drinking water 5 Protecting the environment to fight poverty and achieve the Sustainable Development Goals 6 Recommendations 6.1 Political commitment 6.2 Promotion of education and information sharing 6.3 Eliminating poverty 7 Conclusion 138 7. Alleviating poverty through retirement reforms Kitty Malherbe 1 Introduction 2 Poverty among older persons 3 Current social security provision for older persons 4 Arguments for the reform of the current retirement income system 5 Proposed retirement reforms 5.1 Comprehensive social security and retirement reform process 5.2 Reforms proposed by National Treasury 6 Constitutional principles guiding reforms 6.1 Coordinated approach 6.2 Inclusivity 6.3 Progressive realisation 6.4 Governance and accountability 6.5 Availability of resources 6.6 ‘Lifespan’ view to addressing poverty 7 Potential impact of social security and retirement income reforms 8. Disability, poverty and human rights in Africa: Opportunities for poverty reduction from the UN Convention on the Rights of Persons with Disabilities Enoch M Chilemba 1 Introduction 2 Poverty, disability and human rights link in Africa 2.1 Persons with disabilities in Africa: Among the poorest of the poor 2.2 Poverty, disability and human rights linkage 3 Utilising the opportunities from CRPD in countering obstacles relating to disability and poverty in Africa 3.1 Fostering equality and non-discrimination to reduce poverty 3.2 Fostering inclusive education to eradicate poverty 3.3 Enhancing employment in the open labour market to eradicate poverty 3.4 Ensuring social protection to reduce poverty 4 Conclusion 188 9.The co-existence of gender inequality and poverty Nomthandazo Ntlama 1 Introduction 2 SADC’s transformative vision in eliminating gender inequalities and poverty 2.1 Reducing poverty and eliminating gender inequality: A mammoth task 2.2 Towards a transformative region: Advancing the principles of the community of nations 3 Conclusion 10. The potential of the African human rights system in addressing poverty Bright Nkrumah 1 Introduction 2 Norm creation and norm enforcement: Issues and implications 2.1 Normative framework for addressing poverty 2.2 African Charter on Human and Peoples’ Rights 2.3 Little angels: African Charter on the Rights and Welfare of the Child 2.4 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 3 Other instruments relating to poverty 3.1 AU Convention on Preventing and Combating Corruption (Anti-Corruption Convention) 3.2 Declaration on Employment and Poverty Alleviation in Africa 3.4 Comprehensive African Agriculture Development Programme 4 Institutional frameworks for addressing poverty 4.1 African Commission on Human and Peoples’ Rights 4.2 African Committee of Experts on the Rights and Welfare of the Child 4.3 African Court on Human and Peoples’ Rights 4.4 Need for complementarity: The road not taken 5 Other related mechanisms 5.1 New Partnership for Africa’s Development 5.2 African Peer Review Mechanism 6 International best practice dealing with poverty 7 Concluding reflections 11. Realising access to justice for the poor: Lessons from working with rural communities Victoria Balogun 1 Introduction 2 What is access to justice for the poor? 3 How are non-profit organisations such as the Centre for Community Justice and Development promoting access to justice in South Africa post-1994? 4 Are there any barriers to access to justice and do they have any implication(s) for the poor in poor communities? 5 The intersection between poverty and access to justice for poor communities 6 Access to justice, the role of legal aid offices and the commitment to serve the poor in poor communities 7 Equality and access to justice for the poor 8 Conclusion 12. The role of the South African Human Rights Commission in ensuring state accountability to address poverty Rachael Adams 1 Introduction 2 Poverty and human rights 2.1 International human rights law 2.2 Poverty and human rights in South Africa 2.3 Socio-economic rights 3 What do we mean by state accountability? 3.1 State accountability 4 South African Human Rights Commission 4.1 Mandate and functions 4.2 Reporting requirements 5 Structures of accountability 5.1 Complaints 5.2 Reporting 6 Inequality and intersectional discrimination 6.1 Interdependence of rights and the role of government 7 Conclusion: The role of the South African Human Rights Commission
1 2 Andreas Follesdal and Thomas Pogge 1 The Norwegian Centre for Human Rights at the Faculty of Law and ARENA Centre for 2 European Studies, University of Oslo; Philosophy, Columbia University, New York, and Oslo University; Centre for Applied Philosophy and Public Ethics, Australian National University, Canberra This volume discusses principles of global justice, their normative grounds, and the social institutions they require. Over the last few decades an increasing number of philosophers and political theorists have attended to these morally urgent, politically confounding and philosophically challenging topics. Many of these scholars came together September 11–13, 2003, for an international symposium where first versions of most of the present chapters were discussed. A few additional chapters were solicited to provide a broad and critical range of perspectives on these issues. The Oslo Symposium took Thomas Pogge’s recent work in this area as its starting point, in recognition of his long-standing academic contributions to this topic and of the seminars on moral and political philosophy he has taught since 1991 under the auspices of the Norwegian Research Council. Pogge’s opening remarks — “What is Global Justice?” — follow below, before brief synopses of the various contributions.
A wide range of issues besieges women globally, including economic exploitation, sexist oppression, racial, ethnic, and caste oppression, and cultural imperialism. This book builds a feminist social justice framework from practices of women's activism in India to understand and work to overcome these injustices. The feminist social justice framework provides an alternative to mainstream philosophical frameworks that promote global gender justice: for example, universal human rights, economic projects such as microfinance, and cosmopolitanism. McLaren demonstrates that these frameworks are bound by a commitment to individualism and an abstract sense of universalism that belies their root neo-liberalism. Arguing that these frameworks emphasize individualism over interdependence, similarity over diversity, and individual success over collective capacity, McLaren draws on the work of Rabindranath Tagore to develop the concept of relational cosmopolitanism. Relational cosmopolitanism prioritizes our connections while, crucially, acknowledging the reality of power differences. Extending Iris Young's theory of political responsibility, McLaren shows how Fair Trade connects to the economic solidarity movement. The Self-Employed Women's Association and MarketPlace India empower women through access to livelihoods as well as fostering leadership capabilities that allow them to challenge structural injustice through political and social activism. Their struggles to resist economic exploitation and gender oppression through collective action show the vital importance of challenging individualist approaches to achieving gender justice. The book is a rallying call for a shift in our thinking and practice towards re-imagining the possibilities for justice from a relational framework, from independence to interdependence, from identity to intersectionality, and from interest to socio-political imagination.
"This participant observer study chronicles the stories of a group of poor Canadian women, their experience with exclusion by health and social service providers, and their involvement in a feminist action research project."--Provided by publisher.
First published in 1997, this book identifies the problems that face black women in the criminal justice system as the result of the articulation of unequal and oppressive class, race and gender relations; the research aims to be aware of all three rather than prioritising, isolating or reducing one or two of these relations. The focus of this research primarily on black women is based on the belief that they are marginalised in both society and criminological research. Black women are poorly represented in education, employment, the professions, commerce, industry and politics while in prison their presence is highly disproportionate to their wider numbers in society. The author examines the problems facing black women and compares these with those facing black men and white women to demonstrate the articulation of social relations. He addresses the structural positions of black women in society, their social relations and the nature of the institutional practices of the criminal justice system.
This book tries to reunite and rebuild faith in public institutions by highlighting the availability of judicial remedies for the poor and the excluded in South Asia. The central idea of this book is the inevitable link between judicial capacity and good governance. It critically discusses the state of ‘access to justice’ to the poor and addresses the problems of various structures and procedures approached by the poor to seek justice. The formal system remains locked in the whimsical fantasies of the lawyers and the state structure which aborts the rule of law for the privileged and works in open defiance of the increasing disempowerment of the poor due to an overwhelming judiciary. This book highlights the growing need for restorative justice as against retributive and thus emphasizes a more intensive action research in alternative dispute resolution systems (ADRs). This argument is further developed to assess the competence of many people’s led informal institutions of judiciary such as Saalish in Bangladesh, Jirgas in Pakistan or Lok Adalats in India. The book is also radical in its approach towards the use of alternative dispute resolution systems to support marginalized communities, including women in distress, through mediation and arbitration which are gaining a new intellectual space in justice discourse. This book is an indispensable guide to administrators, and social scientists interested in governance and legal research. It would also be useful for those working in the non-state sector of pro-poor reforms.
Women and Poverty analyzes the social and structural factorsthat contribute to, and legitimize, class inequity and women'spoverty. In doing so, the book provides a unique documentation ofwomen's experiences of poverty and classism at the individual andinterpersonal levels. Provides readers with a critical analysis of the social andstructural factors that contribute to women's poverty Uses a multidisciplinary approach to bring together newresearch and theory from social psychology, policy studies, andcritical and feminist scholarship Documents women's experiences of poverty and classism at theinterpersonal and institutional levels Discusses policy analysis for reducing poverty and socialinequality
By 2004, Ontario and British Columbia implemented "safe streets" legislation, laws that criminalize the economic activities, such as panhandling and squeegeeing, of people living in poverty. Concerned that Nova Scotia would do the same, the editors of this volume partnered with community groups to organize a public colloquium on the criminalization of poverty. Contributors to the colloquium from across Canada included a diversity of voices, from academics, policy makers and frontline workers to those affected first hand by these policies. This book, emerging from that conference, critically interrogates how state and private practices have increasingly come to over-regulate people with severely limited economic resources, and argues that the criminalization of our society's most vulnerable, the poor, women, the racialized, the disabled, youth, is materially and symbolically central to neoliberal politics and economics. The essays here also point to new ways of moving forward, approaches to poverty that minimize the use of law and regulation and have the potential to create a more compassionate future. Diane Crocker and Val Marie Johnson are associate professors in the Department of Sociology and Criminology at Saint Mary's University.
This text examines contemporary issues such as neoliberal policies, democracy and multiculturalism, analyzing them from a gender perspective. It examines how liberal rights and ideas of democracy and justice have been absorbed into the political agendas of women's movements.
Issues of global justice have received increasing attention in academic philosophy in recent years but the gendered dimensions of these issues are often overlooked or treated as peripheral. This groundbreaking collection by Alison Jaggar brings gender to the centre of philosophical debates about global justice. The explorations presented here range far beyond the limited range of issues often thought to constitute feminists’ concerns about global justice, such as female seclusion, genital cutting, and sex trafficking. Instead, established and emerging scholars expose the gendered and racialized aspects of transnational divisions of paid and unpaid labor, class formation, taxation, migration, mental health, the so-called resource curse, and conceptualizations of violence, honor, and consent. Jaggar's introduction explains how these and other feminist investigations of the transnational order raise deep challenges to assumptions about justice that for centuries have underpinned Western political philosophy. Taken together the pieces in this volume present a sustained philosophical engagement with gender and global justice. Gender and Global Justice provides an accessible and original perspective on this important field and looks set to reframe philosophical reflection on global justice.