Legal Empowerment Research Articles

The influence of VICOBA microcredits on women empowerment in Korogwe town, Tanzania

This study was conducted to assess the influence of Village Community Bank (VICOBA) microcredits on women clients economic, social-cultural, political and legal empowerment in Korogwe town, Tanzania. The study adopted the descriptive and explanatory research designs where 4 among 11 wards were selected for the survey. The study applied the systematic sampling technique to select 128 VICOBA clients for the study. The SPSS and Stata software were used to enter data. The data were analyzed using descriptive and Canonical correlation analysis. The findings indicate that the contribution of microcredits to economic and political empowerment was insignificant. However, the findings show that microcredits influenced positively and significantly both social cultural and legal empowerment. The study recommends that efforts should be executed to promote the microcredits empowerment of women in economic and political contexts.

The associations between women's empowerment measures, child growth and dietary diversity: Findings from an analysis of demographic and health surveys of seven countries in Eastern Africa.

Evidence on the efficacy of women's empowerment to improve child growth and minimum dietary diversity (MDD) in the Eastern Africa (EA) region is limited. This cross‐sectional study used recent Demographic and Health Survey data of mother–child dyads from seven countries in EA to examine the associations between women's empowerment measures, child growth and MDD. Length‐for‐age z‐scores, weight‐for‐length z‐scores and weight‐for‐age z‐scores were used to categorize growth indicators of 6–23 months old children. Multivariable logistic regression was used to identify significant associations. Among all countries, 32%–59% of children experienced growth failure. Children meeting MDD were 18%–45%. Women having self‐esteem were associated with lower odds of stunting (adjusted odds ratio [AOR] = 0.62 in Rwanda), wasting (AOR = 0.38 in Uganda), underweight (AORs = 0.60 and 0.57 in Tanzania and Uganda, respectively) and growth failure (AOR = 0.64 in Rwanda). Having health decision control in Burundi was associated with lower odds of stunting (AOR = 0.49) and child growth failure (AOR = 0.52) and higher odds of meeting MDD (AOR = 2.50). Having Legal empowerment among women increased the odds of stunting (AOR = 1.79 in Burundi), underweight (AOR = 1.77 in Uganda) and growth failure (AOR = 1.87 in Burundi). Economic empowerment showed mixed associations with child growth and MDD among some countries. Women's self‐esteem and health decision control were associated with better child growth and MDD for some countries in EA. Nutrition‐sensitive interventions aimed at improving child growth and MDD should consider local contexts when addressing women's empowerment.

MEASUREMENT OF LEGAL CAPABILITY IN EMPIRICAL SOCIOLOGY

The article presents an overview of approaches to the conceptualization and operationalization of a legal capability, which is defined as a set of personal characteristics necessary for a person to effectively address issues related to law. A distinction is made between legal capability and other related concepts, such as legal literacy or awareness, legal empowerment, and legal consciousness. The article summarizes the main aspects of legal capability and their manifestations: knowledge, attitudes, skills, and resources. Researchers recommend considering these aspects separately at each stage of resolving a legal issue, as well as at the basic level and the level of a specific problem. It is emphasized that a legal person must be able not only to solve but also to prevent problems that have a legal dimension. The article also summarizes the international practice of applying the concept of legal capability in surveys on socio-legal issues. The concept itself has only begun to appear in legal needs surveys in recent years, but some aspects of it, such as legal knowledge, attitudes toward the justice system, or confidence in one’s own ability to seek justice in disputes, have been explored before. Despite a large amount of data from different countries, there are currently few statistically confirmed observations about certain indicators of legal knowledge, attitudes, skills, and resources which are most associated with a higher chance of achieving a successful outcome on a legal issue. There is also a lack of data about measuring legal skills and the role played by different aspects of legal capability at different stages of solving the problem and at the basic and specific level in a certain society. Another methodological challenge is the need to take into account the huge variety of legal situations and disputes that people deal with in everyday life.

Enhancing Access to Justice Through Donor-Led Legal Aid Initiatives: International Normative Framework, Practical Approaches, and Some Findings from the Field

Abstract As an objective in international legal cooperation, interventions with the aim to enhance access to justice are a relatively new phenomenon that has famously been described as the ‘legal empowerment alternative’ which goes ‘beyond the rule of law orthodoxy’. Generally speaking, while traditional approaches primarily aim at promoting the rule of law ‘top–down’ by strengthening state structures and capacities, access to justice projects take a ‘bottom–up’ approach focusing on the empowerment of ‘users’ of justice systems. The overarching theory of change behind this approach is that empowered citizens are better able to participate in decision-making processes at the grassroots level, helping build greater trust and confidence in the justice system and public institutions, particularly in fragile and conflict-affected situations. Focusing on the provision of legal aid services, this article outlines the international normative framework, depicts the various practical approaches, and reflects some findings resulting from a recent evaluation commissioned by the German Federal Foreign Office on its engagement in enhancing access to justice, drawing from examples in Palestine, Ukraine, and Pakistan.

Does legal aid improve access to justice in ‘fragile’ settings? Evidence from Burundi

Access to justice is often described as key for building and consolidating peace and enhancing socio-economic development in fragile and post-conflict states. Since the 2000s, legal empowerment has been one of the most popular approaches to improve such access, and a growing literature has presented mixed evidence on the quality of its outcomes. We evaluate and discuss the impact of a locally provisioned legal aid program on justice-seekers’ use of dispute resolution fora, legal agency, and trust in judicial institutions. The program was implemented between 2011 and 2014 in 26 municipalities of rural Burundi. We consider its effects on 486 beneficiaries using various propensity score-matching methods and data on non-beneficiaries from two distinct control groups (n = 3,267). Forty-eight interviews with key informants help discuss judicial practices. We find that the program increased the use of courts but not trust in the judiciary. It had no significant impact on the use of alternative dispute resolution mechanisms. Qualitative and quantitative evidence suggests that justice-seekers’ perception of the treatment they received in courts, also known as procedural justice, shaped their perception of accessing justice. Qualitative evidence also points to a possible ‘watchdog effect’: in some cases, the presence of a legal adviser may have pushed judges to better comply with procedures. While legal aid programs can improve access to courts, it does not necessarily mean an erosion of judicial ‘forum shopping’ or that trust in state institutions is reinforced and rights fully realized.

Data Protection of Internet Enterprise Platforms in the Era of Big Data

With the development of big data technology, processed data has become an important source of value. Data has played a pivotal role in the development of enterprises, especially internet enterprises. However, Internet enterprise platform companies generally infringe on personal privacy in various stages of information collection, processing and application, and Internet enterprise platform data protection research is of great significance. The study found that the current problems of data protection on Internet enterprise platforms include: extremely weak user data protection measures, intellectual property risks throughout the whole process of big data processing, and infringements that have both new and high-tech characteristics. The high ambiguity in the definition and attribution of “data rights”, the low cost and high concealment of infringements, and the value difference between intellectual property protection and digital economy are the main causes of these problems. As far as the protection path is concerned, we should start from the three aspects of technology empowerment, governance empowerment and legal empowerment, and work together to promote the proper protection of Internet enterprise platform data.

The ‘madness’ of accessing justice: legal mobilisation, welfare benefits and empowerment

ABSTRACT This article explores a paradigmatic case of legal mobilisation in the UK: successful litigation taken by RF, an anonymous claimant, against the Department of Work and Pensions’ cuts to disability mobility benefits for those facing ‘psychological distress’. While there is now a flourishing literature on the mobilisation of disability rights around the world, socio-legal scholarship has tended to overlook the mobilisation of law by those experiencing mental ill health or the potential contributions of adoption a social model of madness, mental distress and confusion. In developing a ‘thick description’ of the litigation process in the RF case, the article inductively identifies important lessons for scholars of legal consciousness and legal mobilisation. It showcases how the litigation process has both oppressive and empowering potential for those who are otherwise subject to systemic oppression by mental health and welfare benefit services. Second, it broadens the empirical literature on disability legal mobilisation which has largely overlooked the mobilisation of law by mental health service users and psychiatric survivors beyond issues related to psychiatric interventions, institutionalisation and detention.

Legal empowerment of the poor (LEP) in fragile and conflict affected areas (FCAS)

The United Nations Commission on Legal Empowerment of the Poor estimated i in 2008 that there were 4 billion people who lived outside the protection of the law. More recently, in 2019 it was estimated that 4.5 billion people are excluded from ii opportunities that the law provides . By 2030, 85% of those remaining in extreme poverty – some 342 million people – will be in Fragile and Conflict Affected Areas (FCAS), situations in which the rule of law is almost non-existent. For many of the excluded, the law is an abstraction or a form of punitive threat, not something that they can use to exercise their basic rights. The idea behind the inclusion of access to justice under Sustainable Development Goal 16 (SDG 16) on peace justice and strong institutions, was in part for legal empowerment of the poor (LEP), in conflict and post-conflict zones. The legal empowerment of the poor is rooted in a human rights-based approach in which markets and human rights interact. The four pillars of LEP are access to justice and the rule of law, and property, labour and business rights. It also admits the fact that every individual should have access to justice, which includes a due process of law and remedies to eradicate discrimination. This paper considers the special requirements for pursuing LEP in Fragile and Conflict Affected States (FCAS) such as legitimate politics, security, and rebuilding social and economic foundations.

"Political empowerment of Iraqi women after 2005 (obstacles and solutions)"

political empowerment is one of the important topics in society, which indicates the importance of political empowerment of women in the exercise of their political role, in a way that achieves progress and reform in Arab societies, and this naturally reflects on the impact of political empowerment on Iraqi women, through strengthening their position and participation in the political field and access To political decision-making positions, and if this indicates anything, then it indicates the desire and ability of Iraqi women to assume the full responsibility entrusted to them in this field as well as their enjoyment of political rights.
 Based on this, the issue of political empowerment of Iraqi women goes beyond their exercise of political work in light of the constitution, Iraqi law, and the international framework, and includes respect for their presence, expression of their ideas, and their participation in official institutions in the state.
 Many political, economic, and social factors have been reflected on the issue of political empowerment of Iraqi women after 2005, which is considered one of the most important challenges that Iraqi women face in their political work, especially after the political transformation in 2005, so it requires more efforts instead of finding solutions and getting rid of those challenges. Afflicting Iraqi women in their political work.
 The research shows the conceptual approach to political empowerment as well as the motives for political and legal empowerment and the international framework. In addition to this, the political empowerment of Iraqi women in official institutions was presented, and the focus was on the most important obstacles and solutions to the political empowerment of Iraqi women.

How Rule of Law Complement Economic Development

The rule of law and legal systems are seen as precondition for longterm economic growth. The weakness of legal system in the developing world is seen as the major problem in economic growth. Therefore, strengthening the rule of law and legal systems is required for the economic development for the developing world. The rule of law, on the other hand, is a multidimensional concept that consists variety of separate components ranging from personals security, property protection, government accountability and control of corruption. The rule of law is required at the National level to create a good environment for generating sustainable livelihoods and reducing poverty. It’s also promotes development by empowering individuals and communities, assuring access to justice, ensuring due process, and establishing remedies for human rights violations. More so, security of livelihoods, shelter, tenure and contracts can enable and empower the poor to defend themselves against violations of their rights. Legal empowerment promotes and improves economic prospects in addition to providing legal remedies. For the achievement of sustainable development goals, all human rights, including economic, social, and cultural rights, as well as the right to development, must be protected by implementation of legal system of the country. Further rule of law may provide a legal framework, contractual clarity, and conflict resolution process that aid economic growth and development.

Using the justice system as a ‘magic wand:’ lessons from victims of domestic violence in Buenos Aires (Argentina)

ABSTRACT This study offers a contribution to the literature on access to justice and legal empowerment. It presents findings from qualitative empirical legal research and explores how obtaining access to justice contributes to conflict resolution. Fifty-four in-depth interviews were conducted with victims of domestic violence who had obtained access to the Public Prosecutor’s Office of the City of Buenos Aires (Argentina) with a domestic violence complaint. The study found that these victims benefitted from obtaining access to justice even when this did not directly achieve resolution of their conflict. The benefits were related to the actions taken by legal organisations contributing to their own perceptions of being agents capable of making decisions.

MODEL PEMBERDAYAAN HUKUM PEMBUDI DAYA IKAN MELALUI PENDEKATAN PENGEMBANGAN MODEL TRIPLE HELIX (STUDI DI KABUPATEN GRESIK)

AbstractThe real contribution of fish farmer in the development of the national economy through the amount of fisheries production is not followed by the level of welfare of the fish farmer. That the welfare of fish farmers to be able to fulfill their needs with the income they obtain is still very limited. This article aims to analyze the legal empowerment model of fish farmer through the triple helix model development approach. This research is a sociolegal research which is a mixed method between legal research methods and social science. The data used are primary data and secondary data. The results showed that normatively, the role provisions of the government and fish breeders have been clearly regulated, but the provisions for tertiary institutions have not been regulated, even though the role played by universities is no less important. Higher education as one of the elements in the triple helix has human resources who are able to provide knowledge and understanding related to production sharing agreements through legal assistance and mentoring workshops. The government is responsible for the welfare of its citizens, not only acting as a regulator, but also as a facilitator, dynamist and catalyst.
 Keywords : Legal Empowerment, Fish Farmer,Triple Helix

Community-based paralegals to build just societies: insights from a legal empowerment project in Pakistan

Abstract The provision of rule of law and justice contributes to the building of equitable, inclusive, and economically prosperous societies. However, mere legal protection of the rights of the people in developing societies remains insufficient to ensure due protections guaranteed by the law. This study examines the impact of a legal empowerment project in the two districts of rural Punjab in Pakistan through key informant interviews and focus group discussions. The findings show that the project leads to awareness and fulfilment of rights, financial empowerment, agency development, especially of women, and reduction of oppression, exploitation, and injustice. It plays a significant role in building inclusive and sustainable societies where accountable public services are available and accessible to all without discrimination. This study emphasizes how the state including public and private administrative bodies should instead of oppressing, exploiting, or ignoring the needy masses create opportunities for them and develop their set of capabilities. This multidimensional paralegal assistance model rooted in existing community-based structures and support is scalable and adaptable.

A meta-ethnographic review of people's experience of seeking asylum in the UK and its impact on psychological and social wellbeing

AimsEthnographic accounts of the everyday, lived experience of seeking asylum have been incredibly useful for shedding light on how the asylum process and UK policy influences health and wellbeing. However, there lacks an analysis which pulls together these voices and establishes common themes. This review aims to address this gap by synthesising published literature related to people's experience of seeking asylum in the UK and its impact on their psychological and social wellbeing.MethodA systematic literature search was conducted in SCOPUS, PubMed and PsychINFO. Ten qualitative studies, capturing the accounts of over 190 people, were included in the review. The steps of meta-ethnography were used to synthesise the experiences of seeking asylum. Overarching themes which linked the studies were conceptualised and a framework of ‘constructs’ used to organise verbatim narratives and researcher interpretations from each study by theme and sub-theme. Finally, the constructs from each theme were translated to produce an overarching line of argument to the research.ResultFive key themes illustrating the experience of seeking asylum in the UK were identified. These were: a need for safety; distress; resilience and coping; sources of support; and looking to the future. The line of argument indicated that people seeking asylum in the UK experience a need for safety, high levels of psychological distress and social isolation, yet throughout exhibit extreme resilience. Analysis highlighted the need for increased governmental support and legal empowerment during the asylum process.ConclusionThis synthesis illustrates the widespread impact, both direct and indirect, of a culture of deterrence and disbelief within the Home Office on the psychological and social wellbeing of people desperately seeking refuge and compassion. To achieve equitable and optimum health for those seeking asylum in the UK, we must urgently move away from the hostile environment which has been created. As we develop a more holistic and expanded notion of health, the concept of wellbeing provides a person-centred framework for understanding how the social context can result in certain outcomes. The global public health response to the health-needs of people seeking asylum, and the wider migrant community, must be informed by lived experiences if they are to create interventions which have benefit.

Prospects and limitations in the modernization of securities settlement operations in Ukraine

The article points to the critically insufficient compliance of Ukraine's stock market infrastructure with the relevant international recommendations, first of all in the segment of securities settlements. The author states that despite the creation of market infrastructure in Ukraine and the possibility to avoid problems related to the evolutionary errors, the market participants face numerous difficulties, such as risks in legal empowerment and in the activities of key infrastructure actors, limited competition, excessive transaction costs, ongoing defragmentation of the system of depository accounting, as well as inconvenience and limitations of the existing risk management systems. The study on the evolution of securities settlement models in Ukraine revealed that the radical reform of infrastructure in 2013 led to contradictory consequences, in particular, the abuse by the settlement bank and the central counterparty of its monopolistic positions, active participation of this monopolist in high-profile market abuse, stagnation in clearing and settlement technologies, and a slowdown in the development of the derivatives market. It was found that, despite lengthy discussions, the updated legislation in the field of organized capital markets, which is designed to implement a number of EU laws and should enter into force in 2021, does not really rectify the problems in the existing infrastructure, in particular due to a rather dubious proposed procedure of securities settlement and conservation for a few more years of the monopoly in the field of settlement and clearing services. It is substantiated that Ukraine has constructive practical experience and skills that can allow to implement the best international standards for building a system of cash settlements in "central bank money", organically integrated into Ukrainian payment system and able to adapt to European payment systems.

Grand Design: Legal Protection of Online Transportation in the Middle Covid-19

This research aims to determine the grand design of legal protection for online transportation drivers as well the momentum of government to provide legal empowerment both in terms accelerated decentralization and decentralized orientation for online transportation drivers amid the current COVID-19 pandemic situation. In this study, researchers used the narrative review method to build narratives and main ideas based on literature review extractions. The results of this study indicate that the government is obliged to attend through bestuurshandeling in the form at Peraturan Pemerintah Pengganti Undang-Undang (PERPU) this strategic step an effort to protect online transportation drivers as well as a form disruptive innovation solutions in accordance with principles and practices.

Перспективи та обмеження модернізації розрахунків в операціях із цінними паперами в Україні

The article points to the critically insufficient compliance of Ukraine’s stock market infrastructure with the relevant international recommendations, first of all in the segment of securities settlements. The author states that despite the creation of market infrastructure in Ukraine and the possibility to avoid problems related to the evolutionary errors, the market participants face numerous difficulties, such as risks in legal empowerment and in the activities of key infrastructure actors, limited competition, excessive transaction costs, ongoing defragmentation of the system of depository accounting, as well as inconvenience and limitations of the existing risk management systems. The study on the evolution of securities settlement models in Ukraine revealed that the radical reform of infrastructure in 2013 led to contradictory consequences, in particular, the abuse by the settlement bank and the central counterparty of its monopolistic positions, active participation of this monopolist in high-profile market abuse, stagnation in clearing and settlement technologies, and a slowdown in the development of the derivatives market. It was found that, despite lengthy discussions, the updated legislation in the field of organized capital markets, which is designed to implement a number of EU laws and should enter into force in 2021, does not really rectify the problems in the existing infrastructure, in particular due to a rather dubious proposed procedure of securities setrtlement and conservation for a few more years of the monopoly in the field of settlement and clearing services. It is substantiated that Ukraine has constructive practical experience and skills that can allow to implement the best international standards for building a system of cash settlements in "central bank funds", organically integrated into Ukrainian payment system and able to adapt to European payment systems.

Accelerating Women’s Empowerment Through Legal Empowerment and Social Accountability Strategies

ABSTRACT While legal empowerment (LE) and social accountability (SA) strategies have evolved separately, they share common aims and overriding principles. Both promote human rights and social justice and provide knowledge and skills to individuals and communities to act and seek solutions to problems through grassroots education, mobilisation and empowerment. Further, they help strengthen participatory decision-making and power-sharing between poor and marginalised communities and state authorities. This article reviews the International Development Law Organization’s (IDLO’s) approach in integrating LE and SA strategies for HIV prevention programming among adolescent girls and young women and its promising potential for women’s empowerment.

OSCE mediation strategies in Eastern Ukraine and Nagorno-Karabakh: a comparative analysis

ABSTRACT Even though the Organization for Security and Cooperation in Europe (OSCE) has performed mediation efforts in Eurasian secessionist conflicts, its role has been neglected by mainstream international relations (IR) and conflict mediation literature. To fill in this gap, this article examines OSCE mediation strategies in two major secessionist conflicts: the Nagorno-Karabakh (NK) conflict between Armenia and Azerbaijan and the conflict in Eastern Ukraine. Drawing on Zartman’s conceptual framework, this study posits that OSCE mediation strategies were constrained given its weak organisational capacity, lack of legal empowerment and adverse geopolitical environment. Due to these structural limitations, the OSCE can be said to have been more effective in containing conflict than contributing to conflict resolution. This article aims to contribute to conflict mediation research by highlighting the importance of context for understanding the role of international organisations (IOs) as mediators.

Integrated model for women empowerment in rural India

AbstractThe current study aims to develop an integrated model for women empowerment in rural India using primary data collected from 3000 women across 60 villages from East, West, South, North, and Central India. Exploratory factor analysis came out with the three main dimensions of women empowerment, namely, economic, social and human, and legal empowerment. A conceptual model is thus devised, which throws light on key areas that can be developed. Reforms are required to make rural women economically independent, providing them social freedom and utilities and ensuring a strict and favourable judiciary system for ensuring women empowerment.