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Book part
Publication date: 19 April 2024

Rania Maktabi

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific…

Abstract

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific lens: A married woman's legal capacity to initiate and obtain divorce without the husband's consent. Building on the works of Stein Rokkan and Reinhard Bendix on the expansion of citizenship to the ‘lower classes’, it is argued that amendments in divorce law by introducing in-court divorce for women, in addition to out-of-court divorce, is a significant institutional change that extends legal equality between men and women. The introduction of in-court divorce expands female citizenship by bolstering woman's juridical autonomy and capacity in state law. Changes in divorce laws are thus part of state centralization by means of standardizing rules that regulate family law through public administrative institutions rather than religious organizations. Two questions are addressed: First, how did amendments in divorce laws occur after independence? Second, in which ways did women's bolstered legal capacity in divorce have a spill over effect on reforms in other patriarchal state laws? Based on observations on sequences of change in four states in North Africa, it is argued that amendments that equalize between men and women in divorce should be seen as a key driver for reforms in other state laws, that reduce legal inequality between male and female citizens. In all four states, women's citizenship was extended in nationality law and criminal law after amendments in divorce law gave women unilateral legal power to exit a marital relationship.

Details

A Comparative Historical and Typological Approach to the Middle Eastern State System
Type: Book
ISBN: 978-1-83753-122-6

Keywords

Open Access
Article
Publication date: 18 March 2024

Sean Gossel and Misheck Mutize

This study investigates (1) whether democratization drives sovereign credit ratings (SCR) changes (the “democratic advantage”) or whether SCR changes affect democratization, (2…

Abstract

Purpose

This study investigates (1) whether democratization drives sovereign credit ratings (SCR) changes (the “democratic advantage”) or whether SCR changes affect democratization, (2) whether the degree of democratization in sub-Saharan African (SSA) countries affects the associations and (3) whether the associations are significantly affected by resource dependence.

Design/methodology/approach

This study investigates the effects of SCR changes on democracy in 22 SSA countries over the period of 2000–2020 VEC Granger causality/block exogeneity Wald tests, and impulse responses and variance decomposition analyses with Cholesky ordering and Monte Carlo standard errors in a panel VECM framework.

Findings

The full sample impulse responses find that a SCR shock has a long-run detrimental effect on the democracy and political rights but only a short-run positive impact on civil liberties. Among the sub-samples, it is found that the extent of natural resource dependence does not affect the magnitude of SCR shocks on democratization mentioned above but it is found that a SCR shock affects long-run democracy in SSA countries that are relatively more democratic but is more likely to drive democratic deepening in less democratic SSA countries. The full sample variance decompositions further finds that the variance of SCR to a political rights shock outweighs the effects of all the macroeconomic factors, whereas in more diversified SSA countries, the variances of SCR are much greater for democracy and political rights shocks, which suggests that democratization and political rights in diversified SSA economies are severely affected by SCR changes. In the case of the high and low democracy sub-samples, it is found that the variance of SCR in the relatively higher democracy sub-sample is greater than in the low democracy sub-sample.

Social implications

These results have three implications for democratization in SSA. First, the effect of a SCR change is not a democratically agnostic and impacts political rights to a greater extent than civil liberties. Second, SCR changes have the potential to spark a negative cycle in SSA countries whereby a downgrade leads to a deterioration in socio-political stability coupled with increased financial economic constraints that in turn drive further downgrades and macroeconomic hardship. Finally, SCR changes are potentially detrimental for democracy in more democratic SSA countries but democratically supportive in less democratic SSA countries. Thus, SSA countries that are relatively politically sophisticated are more exposed to the effects of SCR changes, whereas less politically sophisticated SSA countries can proactively shape their SCRs by undertaking political reforms.

Originality/value

This study is the first to examine the associations between SCR and democracy in SSA. This is critical literature for the Africa’s scholarly work given that the debate on unfair rating actions and claims of subjective rating methods is ongoing.

Details

International Journal of Emerging Markets, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1746-8809

Keywords

Article
Publication date: 1 January 2008

Rick Lines

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise…

1181

Abstract

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non‐binding or so‐called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

Details

International Journal of Prisoner Health, vol. 4 no. 1
Type: Research Article
ISSN: 1744-9200

Keywords

Book part
Publication date: 26 January 2011

Jeannine E. Relly

Government corruption and secrecy are not new phenomena in Africa; however, international scrutiny has grown as nations end decades of conflict and seek to develop, donor nations…

Abstract

Government corruption and secrecy are not new phenomena in Africa; however, international scrutiny has grown as nations end decades of conflict and seek to develop, donor nations consider providing more aid, and investors and transnational corporations look to the area for oil and other resources. Given that corrupt government activities account for millions of dollars diverted from public coffers each year in developing nations and lead to unfair benefit distribution to citizens, the chapter examines the global network of actors attempting to advance the international norm of government accountability to constrain corruption through advocating for the adoption of access-to-information legislation. The chapter also explores the relationship between perception of corruption in Africa and four political institutions of vertical accountability. The findings indicate that perception of corruption is inversely correlated with news media rights, civil liberties, and political rights. However, adopting access-to-information legislation or planning to adopt the law was not correlated with the perception of corruption.

Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…

3602

Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Book part
Publication date: 9 November 2020

Shixin Huang

Purpose: The purpose of this chapter is to scrutinize the apparent alliance between international and local disability rights movements by contextualizing the process in which the…

Abstract

Purpose: The purpose of this chapter is to scrutinize the apparent alliance between international and local disability rights movements by contextualizing the process in which the disability rights model is being diffused globally. It seeks to critically examine the transplantation and promotion of the international disability rights movement's rights-based model in China.

Approach: This chapter draws from 18 in-depth interviews with local and international disability rights activists through multisite ethnographic fieldwork in China in 2019.

Findings: This chapter finds that despite opening up spaces for resistance and emancipation locally, the international disability rights movement nevertheless constitutes what I call an enclave of rights that insulates the international rights model from the political, social, and economic realities on the ground. In the case of China, the authoritarian politics that define the relationship between the state and civil society, as well as the economic vulnerability of people with disabilities in the post-socialist market economy, limit, if not invalidate, the rights model espoused by the international disability rights movement.

Implications: The findings of this chapter challenge and complicate the current scholarship of the transnational disability rights movement beyond its normative claims of emancipation. They also explore potential spaces and direction for building a new transnational alliance that takes into account the local experience of disability in a rapidly globalized world.

Book part
Publication date: 2 May 2024

Amanuel Elias

This chapter on anti-racism struggles applies an anti-racist activist framing, both critically examining and recognising the milestones achieved through centuries of pro-justice…

Abstract

This chapter on anti-racism struggles applies an anti-racist activist framing, both critically examining and recognising the milestones achieved through centuries of pro-justice and anti-racism struggles. It delves into the arduous journey that the global fight for racial equity has undergone and highlights the significant progress as well as setbacks experienced during this lengthy struggle. The earliest history of the fight against racial oppression and domination goes back to anti-slavery and anti-colonial movements. Scholars have analysed the emergence, development and state of global anti-racism struggles in a variety of ways. I approach this subject from a sociological perspective, highlighting the role of social structures, groups and institutions that have contributed to shaping the outcomes of anti-racist initiatives. While recognising the role of individuals and leading political activists, this chapter emphasises anti-racism as a collective social justice struggle. To do this, I explore various local and global anti-racism endeavours and examine how they may influence discussions on race, racism and racial equity and their evolving trajectories across different societies.

Details

Racism and Anti-Racism Today
Type: Book
ISBN: 978-1-83753-512-5

Keywords

Book part
Publication date: 7 September 2008

Chad Alan Goldberg

The insights of T. H. Marshall and Pierre Bourdieu are drawn upon, integrated and extended to show how social spending policies have been key sites for historical struggles over…

Abstract

The insights of T. H. Marshall and Pierre Bourdieu are drawn upon, integrated and extended to show how social spending policies have been key sites for historical struggles over the boundaries and rights of American citizenship. In the 19th century, paupers forfeited their civil and political rights in exchange for relief. Rather than break definitively with this legacy, major policy innovations in the United States that expanded state involvement in social provision generated struggles over whether to model the new policies on or distinguish them from traditional poor relief. At stake in these struggles were the citizenship status and rights of the policies’ clients. Both the emergence of such citizenship struggles and their outcomes are explained. These struggles emerged when policy innovations created new groups of clients, the new policy treated clients in contradictory ways and policy elites formed ties to social movements with stakes in the status and rights of the policy's clients. The outcomes of the struggles have been shaped by the institutional structure of the policy and the manner and extent to which the policy became entangled in racial politics. Historical evidence for these claims is provided by a case study of the Works Progress Administration, an important but understudied component of the New Deal welfare state.

Details

Political Power and Social Theory
Type: Book
ISBN: 978-0-76231-418-8

Article
Publication date: 29 December 2017

Saif AlZahir, Han Donker and John Nofsinger

This paper scrutinizes the impact of socioeconomic, political, legal and religious factors on the internal ethical values of human rights organizations (HROs) worldwide. The…

Abstract

Purpose

This paper scrutinizes the impact of socioeconomic, political, legal and religious factors on the internal ethical values of human rights organizations (HROs) worldwide. The authors aim to examine the Code of Ethics for 279 HROs in 67 countries and the social and legal settings in which they operate.

Design/methodology/approach

Using the framework of protect, respect and remedy, the authors look for keywords that represent the human rights lexicon in these three areas. In the protection of human rights, the authors select the terms: peace, transparency, freedom and security. For the respect of humans, the authors use the terms: dignity, equality, respect and rights. Sources of remedies come from justice and ethics. The analysis seeks to determine what political economy settings drive the ethical value choices of the organizations. Those choices are proxied by those keywords they mention in their Code of Ethics.

Findings

The analysis show that the scope of ethical values mentioned are higher when the HRO is in a country with more domestic violence, lower income inequality, French civil or Islamic legal origin and higher trust in politicians. In regard to the determinants of the ten keywords individually, the authors conclude that the status of the socioeconomic, political, religious and legal settings impact with local HROs mention each of the keywords: peace, justice, transparency, dignity, equality, ethics, respect, freedom, security and rights.

Research limitations/implications

The analysis is based on HROs that have a webpage in English and list the employee Code of Conduct.

Originality/value

This study is the first to examine the Code of Ethics for HROs. The authors demonstrate that country-specific characteristics help to drive their internal ethical values.

Details

Journal of Information, Communication and Ethics in Society, vol. 16 no. 1
Type: Research Article
ISSN: 1477-996X

Keywords

Abstract

Details

The Comparative Study of Conscription in the Armed Forces
Type: Book
ISBN: 978-0-76230-836-1

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