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Access to Justice and the Rule of Law |
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1 | (62) |
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1 | (3) |
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An Access to Justice Cornerstone: Legal Identity |
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4 | (8) |
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The Nature of the Problem |
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4 | (1) |
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Addressing the Causes of the Legal Identity Crisis: Incapacity, Exclusion, and Avoidance |
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5 | (1) |
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Strengthening the Capacity of the Registration System |
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6 | (3) |
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Reducing Political Opposition to Full Registration |
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9 | (1) |
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Providing Information and Creating Incentives to Register |
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10 | (2) |
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Strategies to Create Affordable, Inclusive and Fair Justice |
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12 | (35) |
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The Nature of the Problem |
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12 | (1) |
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The Social Realities of Access to Justice |
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12 | (3) |
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Increasing Quality and Reducing Transaction Costs |
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15 | (3) |
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Enabling Self Help with Information and Community Organising |
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18 | (1) |
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Information about Norms: Legal Education |
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19 | (3) |
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Self Help Interventions: Forming of Peer Groups |
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22 | (1) |
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Broadening the Scope of Legal Services for the Poor |
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23 | (1) |
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Lower Cost Delivery Models: Paralegals |
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24 | (1) |
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Legal Services that Empower the Clients |
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25 | (1) |
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Alternative Dispute Resolution |
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25 | (2) |
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Bundling with Other Services |
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27 | (1) |
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Removing Constrictions of the Supply of Legal Services to the Poor |
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28 | (3) |
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Financing of Claims: Legal Insurance and Targeted Legal Aid |
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31 | (5) |
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Reducing Transaction Costs: Wholesale Reforms |
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36 | (1) |
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Standard Routes for the Most Urgent Legal Needs |
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37 | (2) |
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Bundling Claims: Class Actions |
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39 | (1) |
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Other Ways to Reduce Costs of Access Wholesale |
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40 | (2) |
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Improving Informal and Customary Dispute Resolution |
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42 | (1) |
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Education and Awareness Campaigns |
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43 | (1) |
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Tailored Legal Aid Services |
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44 | (1) |
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Targeted Constraints on Informal Justice |
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44 | (1) |
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Structuring Institutional Relationships |
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45 | (2) |
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Improving Access to Justice in the Government Bureaucracy |
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47 | (16) |
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The Nature of the Problem |
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49 | (1) |
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Public Administration Reform |
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49 | (1) |
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49 | (1) |
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50 | (3) |
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Administrative Law Reform |
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53 | (1) |
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Legal Mechanisms to Facilitate Participation and Monitoring |
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53 | (1) |
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Judicial Review of Administrative Decisions |
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54 | (2) |
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Conclusions and Recommendations |
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56 | (2) |
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58 | (1) |
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58 | (5) |
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Empowering the Poor Through Property Rights |
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63 | (66) |
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73 | (3) |
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Faltering Property Rights: The Nature And Scale Of The Problem |
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76 | (4) |
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Growing Slums and Legal Voids |
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76 | (1) |
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Dire Consequences and Missed Development Opportunities |
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76 | (1) |
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Rural Poverty and Property Rights |
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77 | (1) |
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Rural Land Relations and Extreme Poverty |
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77 | (1) |
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Rural Land Relations and Armed Conflict |
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77 | (1) |
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77 | (1) |
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Women Especially Affected |
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77 | (1) |
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78 | (1) |
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Focus on Indigenous Tenure Systems |
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79 | (1) |
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Important Numbers of Customary Land Holders |
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79 | (1) |
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Refugees, Internally Displaced Persons |
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80 | (1) |
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Barriers Versus Facilitators of Change |
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80 | (2) |
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Resistance of Powerful Social Actors |
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80 | (1) |
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Structural Obstacles and Facilitators of Change |
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80 | (1) |
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81 | (1) |
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82 | (4) |
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Problematic Practices and Omissions |
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82 | (1) |
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Six General Lessons from Past Mistakes are Presented as Follows: |
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82 | (1) |
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Lessons From Mistakes Related to Land and Real Property |
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83 | (2) |
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85 | (1) |
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Recommendations For Reform And Improved Action |
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86 | (43) |
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Reforming Rules Regarding Bearers and Bundles of Property Rights |
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86 | (1) |
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Individual and Common Private Property |
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87 | (1) |
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Recognising Customary Tenure and Communities as Bearers of Property Rights to Land and Natural Resources |
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88 | (2) |
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Critical Issues in the Recognition of Customary and Indigenous Tenure Systems |
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90 | (1) |
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Measures to Make Property Systems More Gender Equitable |
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91 | (1) |
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Intellectual Property Rights and the Rights of Indigenous Peoples: The Task Ahead |
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92 | (2) |
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Reforming Property Governance in View of the Least Advantaged Customer |
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94 | (1) |
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94 | (1) |
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Reform Priorities in Land and Real Property Administration |
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95 | (1) |
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Increasing Transparency in Public Land Use and Planning |
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96 | (1) |
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97 | (2) |
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Implementation and Dispute Settlement |
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99 | (1) |
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Reforming the Property System as a Market of Assets for the Poor |
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100 | (1) |
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100 | (2) |
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Moveable and Intangible Property: A Missing Piece of the Development Puzzle |
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102 | (1) |
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Equity Based Asset-Building for the Poor |
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103 | (1) |
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Creating Property Value for the Poor by Shareholder Systems |
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103 | (2) |
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Enhancing Access to Land and Real Property |
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105 | (1) |
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The Beneficial Effects of Property Related Education and Relevant Information |
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106 | (1) |
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Promoting Access to Housing |
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106 | (2) |
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Public Private Partnerships |
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108 | (2) |
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Fostering Citizenship and Legal Empowerment through Consultation, Information and Participatory Property Reform Recommendations for Policy Design and Sequencing |
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110 | (2) |
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What can Donor Countries and Multilateralism do for the Promotion of Property Rights and the Global Poor |
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112 | (2) |
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114 | (1) |
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115 | (6) |
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121 | (8) |
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Towards a Global Social Contract: Labour Rights for Legal Empowerment of the Poor |
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129 | (66) |
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131 | (5) |
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Introduction: Purpose of our Focus on Labour Rights |
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136 | (1) |
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Labour Rights, Informal Economy, Empowerment and Decent Work: What do we Mean? |
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137 | (1) |
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137 | (1) |
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137 | (1) |
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137 | (1) |
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138 | (1) |
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Informality and Poverty: Whom are we talking about? What is their identity? |
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138 | (9) |
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Size and Significance in Developing Countries |
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138 | (1) |
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Composition of the Informal Economy |
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139 | (1) |
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Segmentation in the Informal Labour Market |
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140 | (2) |
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Informalization of Labour Markets |
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142 | (1) |
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143 | (1) |
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Informalisation of Labour Markets by Sex |
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143 | (1) |
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Informal Employment in Developing Countries |
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144 | (1) |
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Non-Standard Employment in Developed Countries |
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144 | (1) |
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Indigenous and Tribal Peoples |
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145 | (1) |
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146 | (1) |
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Poverty and Labour Rights: a new departure |
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147 | (10) |
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Poverty: A Market Failure and a Public Policy Failure |
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147 | (2) |
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A New Departure: Fundamental Principles and Rights at Work, the Decent Work Agenda, and Legal Empowerment of the Working Poor |
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149 | (2) |
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Towards a Global Social Contract |
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151 | (1) |
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Labour Rights for Informal Workers: What is an Achievable Minimum Floor? |
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152 | (2) |
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Business and Labour Rights at Work |
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154 | (1) |
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Social Protection for Informal Workers |
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154 | (1) |
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The Role and Limitations of Voluntary Codes of Conduct |
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155 | (1) |
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Labour Rights, Social Protection, Employment Creation: trade-offs or complementarities? |
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156 | (1) |
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157 | (1) |
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The Economics of Informality and the Debate on Labour Regulations |
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157 | (8) |
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The Economic Impact of Labour Regulation: An Overview of Key Results |
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158 | (1) |
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The Consequences of Labour Market Regulation |
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159 | (2) |
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The Impact of Labour Market Regulation: Country Studies |
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161 | (1) |
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Towards a More Nuanced Understanding of Labour Regulations |
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162 | (1) |
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Interpretation of Regulations |
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163 | (1) |
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The Institutional Environment |
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164 | (1) |
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Heterogeneity in the Regulatory Architecture |
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164 | (1) |
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165 | (1) |
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Principles and Practices of Labour Rights and Legal Empowerment |
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165 | (5) |
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The Basis Principles for Inclusive Reform |
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Both Promotion of Change --- and Management of Change |
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166 | (1) |
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Both Property Rights --- and Labour Rights |
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166 | (1) |
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Lessons from National Reform Practice |
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167 | (1) |
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167 | (1) |
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167 | (1) |
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168 | (1) |
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Improvement of the Quality of Labour Market Institutions |
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168 | (1) |
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Legal Empowerment Through Alternative Dispute Resolution |
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169 | (1) |
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Improved Business Environment |
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169 | (1) |
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Simplification of Contracting Procedures |
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169 | (1) |
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Conclusions for National Strategies for Legal Empowerment |
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170 | (1) |
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Towards a new social contract: Policies and Processes for Legal Empowerment |
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170 | (6) |
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170 | (3) |
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173 | (2) |
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Towards a New Social Contract |
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175 | (1) |
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176 | (1) |
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Recent and Current Initiatives to Improve Statistics on the Informal |
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176 | (1) |
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177 | (18) |
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Case 1 Extending Thailand's Labour Law Through the Ministerial Regulation for Home Workers |
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177 | (1) |
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Case 2 Judicial Ruling in the Philippines on Employment Relationship |
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177 | (1) |
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Case 3 Welfare Fund in India |
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178 | (1) |
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Case 4 Collective Identity, Collective Bargaining and Global Impact |
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179 | (1) |
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Case 5 Federation of Urban Poor Participating in Governance |
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180 | (2) |
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Case 6 Legislative Initiatives for Unorganised Workers |
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182 | (1) |
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Case 7 Social Security for all in the Philippines |
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183 | (1) |
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Case 8 Minimum Living Standard Security System in China |
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184 | (1) |
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Case 9 Labour protection for subcontracts in Chile |
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184 | (1) |
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Case 10 Spain: Flexibility at the Margin |
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185 | (1) |
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Case 11 China's Positive Responses to Growing Market Economy |
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186 | (1) |
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Case 12 Out-of-court Dispute Resolution as a Practical Tool for Legal Empowerment |
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187 | (1) |
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Case 13 Revising bidding and procurement practices in Senegal |
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187 | (2) |
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189 | (2) |
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191 | (4) |
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195 | (80) |
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The Informal Entrepreneur |
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197 | (1) |
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Legal Empowerment and Legal Identity |
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198 | (1) |
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An Integrated Economy Approach |
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199 | (1) |
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200 | (2) |
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Introduction and Framework |
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202 | (18) |
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Why Business Rights? And Why Now? |
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203 | (1) |
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Informal Economy and Informal Businesses |
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204 | (1) |
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Legal Empowerment and Business Rights |
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205 | (1) |
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Balancing Human Rights and Market-Based Approach |
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205 | (1) |
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Voice, Representation and Effective Economic Governance |
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206 | (1) |
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Greater Access to Markets, Goods and Services, and Infrastructure |
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207 | (1) |
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Inclusive Financial Services |
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207 | (1) |
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208 | (1) |
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Pursuing the Agenda for Change |
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209 | (1) |
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210 | (1) |
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Informal Economy and Informal Businesses |
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210 | (1) |
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Informal-Formal Continuum |
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210 | (1) |
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Poverty and Informal Economy |
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211 | (1) |
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211 | (1) |
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Informal Enterprises and Productivity |
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212 | (2) |
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Mapping of Informal Economies |
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214 | (1) |
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Women in the Informal Economy |
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215 | (1) |
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Indigenous Peoples and Informal Businesses |
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216 | (1) |
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Empowering Informal Businesses |
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217 | (2) |
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219 | (1) |
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Business Rights: Unlocking Barriers/Constraints to Empower Informal Enterprises |
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220 | (10) |
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Barriers and Constraints to Business Rights |
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222 | (1) |
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Legal, Regulatory and Administrative Barriers |
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223 | (4) |
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227 | (2) |
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Rights-based Legal Empowerment |
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229 | (1) |
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230 | (1) |
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Empowering Informal Enterprises Through Access to Markets, Goods and Services, and Infrastructure |
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230 | (12) |
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Improving the Functioning of Markets |
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230 | (2) |
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Increasing Access to Goods and Services |
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232 | (2) |
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Inclusive Financial Services |
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234 | (1) |
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235 | (1) |
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236 | (1) |
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236 | (1) |
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237 | (2) |
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Public Private Partnerships |
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239 | (2) |
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241 | (1) |
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Institutional Changes and Legal Tools Making a Difference for Informal Enterprises --- an Evidence-based Approach |
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242 | (14) |
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Innovations which Demonstrate Business Rights and Legal Empowerment |
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244 | (1) |
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244 | (3) |
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247 | (1) |
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248 | (2) |
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250 | (1) |
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251 | (1) |
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Successful Initiatives taken by Businesses |
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251 | (2) |
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An Integrated Economy Approach |
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253 | (2) |
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255 | (1) |
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Pursuing the Agenda for Change |
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256 | (19) |
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Changes have to be Context Specific |
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257 | (1) |
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Reform Processes Must Be Participatory and Gender Responsive |
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257 | (1) |
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Legal Empowerment of Informal Business Should be Prioritized as a Ggovernance Issue |
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257 | (1) |
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Strategies and Institutions to Support Informal Businesses |
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258 | (1) |
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Market Based Institutions for the poor |
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259 | (1) |
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Adding Value and Supply Chain to the Labour of the Poor and Informal Businesses |
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259 | (1) |
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Taking Microcredit Out of the Ghetto |
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259 | (1) |
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Mutual Funds for the Poor |
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260 | (1) |
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Institutionalising the Collective Identity of Poor and Informal Businesses |
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261 | (1) |
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Business Rights - Provides Value Based Change Process |
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262 | (1) |
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263 | (2) |
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265 | (1) |
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Recommendations and Key Messages |
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266 | (1) |
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Objectives of Empowerment Process |
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266 | (1) |
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266 | (1) |
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266 | (1) |
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267 | (4) |
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271 | (4) |
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Road Maps for Implementation of Reforms: Implementation Strategies, Including Toolkits and Indices |
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275 | (77) |
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Road Maps to Implementation |
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278 | (1) |
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Mapping Legal Empowerment beyond the Nation State |
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279 | (1) |
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279 | (2) |
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281 | (2) |
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Introduction: Attributes of Legal Empowerment |
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283 | (2) |
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Implementation: Challenges and Opportunities |
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285 | (30) |
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287 | (1) |
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288 | (1) |
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Forces Affecting Implementation |
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289 | (1) |
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290 | (1) |
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291 | (3) |
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294 | (1) |
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295 | (1) |
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295 | (1) |
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Policy Environment and Contextual Analysis |
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296 | (1) |
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296 | (1) |
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297 | (1) |
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298 | (2) |
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300 | (2) |
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302 | (6) |
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308 | (1) |
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308 | (1) |
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309 | (1) |
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310 | (2) |
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Diagnosing the Influence on Policy Implementation |
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312 | (1) |
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An Approach to Implementation for Country `X' |
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312 | (3) |
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Road Maps to Implementation |
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315 | (10) |
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Mapping the Empowerment Domains |
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316 | (6) |
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Mapping the LEP Agenda at Different Political/Administrative Levels |
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322 | (1) |
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Activities at Global Level |
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323 | (1) |
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Activities at the Regional and Sub-regional Levels |
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324 | (1) |
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Activities at National Level |
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325 | (1) |
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Activities at the Local Level |
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325 | (1) |
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Country Level Approaches, Toolkits and Indices |
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325 | (4) |
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Countries Piloting Legal Empowerment Reform |
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325 | (1) |
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Choosing the Appropriate Country Level Process |
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326 | (2) |
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Tools to Support Legal Empowerment Reforms |
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328 | (1) |
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328 | (1) |
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Ready-made Indicators of Legal Empowerment |
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328 | (1) |
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Monitoring and Evaluation |
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329 | (8) |
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332 | (1) |
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333 | (1) |
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334 | (3) |
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Annex 1: Policy Implementation Tools |
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337 | (5) |
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Annex 2: Existing Toolkits: An Inventory |
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342 | (3) |
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342 | (1) |
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342 | (1) |
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343 | (1) |
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344 | (1) |
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Annex 3: Existing Indicators and Indices --- An Inventory |
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345 | (7) |
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345 | (1) |
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346 | (1) |
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347 | (1) |
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348 | (2) |
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350 | (2) |
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352 | |
