The Experts below are selected from a list of 62562 Experts worldwide ranked by ideXlab platform
Sarah Paoletti - One of the best experts on this subject based on the ideXlab platform.
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migrant workers Access to Justice at home nepal
2014Co-Authors: Sarah Paoletti, Eleanor Taylornicholson, Bandita Sijapati, Bassina FarbenblumAbstract:Nepal’s citizens engage in foreign employment at the highest per capita rate of any other country in Asia, and their remittances account for 25 percent of the country’s GDP. The Middle East is now the most popular destination for Nepalis -- nearly 700,000 were working in the Middle East in 2011 on temporary labor contracts. For some Nepalis, working abroad provides much-needed household wealth. For others, their contributions to Nepal come at great personal cost. Migrant workers in the Gulf, for example, routinely report wage theft, lack of time off and unsafe and unhealthy working conditions. Some migrant workers report psychological and physical abuse, and other forms of labor exploitation that may rise to the level of forced labor, debt bondage or other forms of trafficking. Women engaged in domestic work are often isolated in the home, where they may also endure emotional, physical and sexual abuse. The story of labor migration begins and ends at home. The conditions that give rise to labor trafficking are often set pre-departure in the recruitment phase itself. Between 2012 and 2014, researchers from Nepal, Australia and the United States conducted a study on migrant workers’ Access to Justice in Nepal, including for exploitation and trafficking. Justice was defined to comprise both compensation for losses, and the holding of perpetrators accountable, for example through fines, licensing sanctions, or even imprisonment. The study found that overall Access to Justice in Nepal was extremely low, especially for migrant workers who have been survivors of labor trafficking. However, clear routes exist to improvement. The full results of the study, and related recommendations, are contained in the report Migrant Workers Access to Justice at Home: Nepal. This is the second study in a series providing a comprehensive analysis of migrant workers’ Access to Justice at home; the first study, Migrant Workers Access to Justice at Home: Indonesia, was published October 2013.
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migrant workers Access to Justice at home indonesia
2013Co-Authors: Bassina Farbenblum, Eleanor Taylornicholson, Sarah PaolettiAbstract:Each year, around half a million Indonesians travel abroad to work, half of those to the Middle East. They are typically women from small cities or villages with primary education and limited work experience, hired to perform domestic work. Many suffer abuse and exploitation but have virtually no Access to recourse within their host country’s legal system. The vulnerability of migrant workers abroad makes it crucial for them to be able to seek redress in their own countries. Access to Justice at home also allows for redress when home governments and private recruitment businesses breach their legal responsibilities to migrant workers. ‘Migrant Workers’ Access to Justice at Home: Indonesia’ is the first comprehensive study of migrant workers’ Access to Justice in their country of origin. The report analyses the mechanisms through which migrant workers may Access Justice in Indonesia, and the systemic barriers that prevent most workers from receiving full redress for harms that they suffer before, during, and after their work abroad. The report also outlines the laws, policies, and procedures that govern the operation of each redress mechanism, and contains recommendations for improving Access to Justice and private sector accountability in 11 key areas, addressed to government, parliament, civil society, donors, and others. ‘Migrant Workers’ Access to Justice at Home: Indonesia’ provides a strong evidence-based foundation for advocacy and law reform within Indonesia and globally. It can also function as a guide for civil society groups in Indonesia to better understand, use, and test existing Justice mechanisms to enforce migrant workers’ rights.
Bassina Farbenblum - One of the best experts on this subject based on the ideXlab platform.
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migrant workers Access to Justice at home nepal
2014Co-Authors: Sarah Paoletti, Eleanor Taylornicholson, Bandita Sijapati, Bassina FarbenblumAbstract:Nepal’s citizens engage in foreign employment at the highest per capita rate of any other country in Asia, and their remittances account for 25 percent of the country’s GDP. The Middle East is now the most popular destination for Nepalis -- nearly 700,000 were working in the Middle East in 2011 on temporary labor contracts. For some Nepalis, working abroad provides much-needed household wealth. For others, their contributions to Nepal come at great personal cost. Migrant workers in the Gulf, for example, routinely report wage theft, lack of time off and unsafe and unhealthy working conditions. Some migrant workers report psychological and physical abuse, and other forms of labor exploitation that may rise to the level of forced labor, debt bondage or other forms of trafficking. Women engaged in domestic work are often isolated in the home, where they may also endure emotional, physical and sexual abuse. The story of labor migration begins and ends at home. The conditions that give rise to labor trafficking are often set pre-departure in the recruitment phase itself. Between 2012 and 2014, researchers from Nepal, Australia and the United States conducted a study on migrant workers’ Access to Justice in Nepal, including for exploitation and trafficking. Justice was defined to comprise both compensation for losses, and the holding of perpetrators accountable, for example through fines, licensing sanctions, or even imprisonment. The study found that overall Access to Justice in Nepal was extremely low, especially for migrant workers who have been survivors of labor trafficking. However, clear routes exist to improvement. The full results of the study, and related recommendations, are contained in the report Migrant Workers Access to Justice at Home: Nepal. This is the second study in a series providing a comprehensive analysis of migrant workers’ Access to Justice at home; the first study, Migrant Workers Access to Justice at Home: Indonesia, was published October 2013.
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migrant workers Access to Justice at home indonesia
2013Co-Authors: Bassina Farbenblum, Eleanor Taylornicholson, Sarah PaolettiAbstract:Each year, around half a million Indonesians travel abroad to work, half of those to the Middle East. They are typically women from small cities or villages with primary education and limited work experience, hired to perform domestic work. Many suffer abuse and exploitation but have virtually no Access to recourse within their host country’s legal system. The vulnerability of migrant workers abroad makes it crucial for them to be able to seek redress in their own countries. Access to Justice at home also allows for redress when home governments and private recruitment businesses breach their legal responsibilities to migrant workers. ‘Migrant Workers’ Access to Justice at Home: Indonesia’ is the first comprehensive study of migrant workers’ Access to Justice in their country of origin. The report analyses the mechanisms through which migrant workers may Access Justice in Indonesia, and the systemic barriers that prevent most workers from receiving full redress for harms that they suffer before, during, and after their work abroad. The report also outlines the laws, policies, and procedures that govern the operation of each redress mechanism, and contains recommendations for improving Access to Justice and private sector accountability in 11 key areas, addressed to government, parliament, civil society, donors, and others. ‘Migrant Workers’ Access to Justice at Home: Indonesia’ provides a strong evidence-based foundation for advocacy and law reform within Indonesia and globally. It can also function as a guide for civil society groups in Indonesia to better understand, use, and test existing Justice mechanisms to enforce migrant workers’ rights.
Rebecca L Sandefur - One of the best experts on this subject based on the ideXlab platform.
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expanding the empirical study of Access to Justice
2013Co-Authors: Catherine Albiston, Rebecca L SandefurAbstract:Access to Justice (A2J) research is in the midst of a renaissance. A new crop of evaluation studies have joined a broader body of contemporary research investigating the delivery of legal services and public experience with civil Justice. A growing number of stakeholders regard this new research with serious interest.Like any renaissance, to be fruitful this one must include important rediscoveries alongside theoretical and empirical innovations. At this moment of tremendous promise and opportunity, we call for an expansive research agenda drawing on what we already know from more than thirty years of sociolegal research. We call for a research agenda that steps back from lawyers and legal institutions to explore not only whether existing policies are effective, but also how current definitions and understandings of Access to Justice may blind policy makers to more radical, but potentially more effective, solutions.
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expanding the empirical study of Access to Justice
2013Co-Authors: Catherine Albiston, Rebecca L SandefurAbstract:Introduction 101 I. The Contribution of Randomized Controlled Trials in Legal Contexts 105 II. The Need for Theory I: What Is “Effectiveness?” 111 III. The Need for Theory II: Supply Side Access to Justice 114 IV. The Need for Theory III: Demand Side Access to Justice ......... 117 Conclusion 119
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Access to Justice classical approaches and new directions
2010Co-Authors: Rebecca L SandefurAbstract:Classical Access to Justice research was often highly compelling, but it was also often myopic. One legacy of early work is scholars' and practitioners' tendency to conceptualize Access as a social problem that is faced by lower status groups, such as poor people. Another legacy is a penchant for reducing questions of Justice to matters of law. The narrow vision of this early work has shaped both understanding and practice, leading scholars to produce research that goes no further than documenting that law betrays someone's ideals, guiding lawyers and others to privilege law as the solution to social problems, and informing a strong but unfocused chorus of agreement that legal assistance should be given to vague categories of people, like the disadvantaged. New, more promising directions in Access to Justice research are reflected in this volume. The chapters include cutting-edge work from scholars in law, political science, social psychology, sociology and sociolinguistics. This research includes studies of rights knowledge and police procedure, race and jury deliberation, tort reform and Access to lawyers, self-interest and public service in the legal profession, and ordinary people's experiences with civil Justice problems. The studies reveal new discoveries about law and social process and provide foundation for a deeper understanding of Access to Justice that can inform wiser, more effective policies.
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Access to Justice classical approaches and new directions
2009Co-Authors: Rebecca L SandefurAbstract:Around the world today, Access to Justice enjoys an energetic and passionate resurgence. It is an object both of scholarly inquiry and political contest, and both a social movement and a value commitment that motivates study and action. Though the recent resurgence makes much seem new, in fact Access to Justice has been a topic of policy advocacy and empirical research since the early 20th century (e.g., Smith, 1919). One legacy of early work is scholars’ and practitioners’ tendency to conceptualize Access as a social problem that is faced by lower status groups, such as poor people. Another legacy is a penchant for reducing, in a whole variety of ways, questions of Justice to matters of law. Given this orienting framework, classical Access to Justice research focuses heavily on empirically documenting how law falls short of its supposed promise. At the same time, classical research often relied on an expansion of law – more or more affordable lawyers, more or more welcoming courts and hearing tribunals, wider participation on juries, new and better rights – as the policy solution to inJustice or inequality.
Rodrigo R Soares - One of the best experts on this subject based on the ideXlab platform.
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Access to Justice and entrepreneurship evidence from brazil s special civil tribunals
2014Co-Authors: Guilherme Lichand, Rodrigo R SoaresAbstract:AbstractEntrepreneurship is usually identified as an important determinant of aggregate productivity and long-term growth. The determinants of entrepreneurship, nevertheless, are not entirely understood. A recent literature has linked entrepreneurship to the development of the Justice system. This paper contributes to this literature by evaluating the role of Access to Justice in determining the incidence of entrepreneurship. We explore the creation of special civil tribunals in the Brazilian state of Sao Paulo during the 1990s. Special civil tribunals increased the geographic presence of the Justice system, simplified judicial procedures, and increased the speed of adjudication of disputes. Using census data and an instrumental variables strategy, we find that implementation of special civil tribunals led to increased entrepreneurship among individuals with higher levels of education. Results do not seem to be related either to other changes in public goods provision at the local level or to preexisting ...
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Access to Justice and entrepreneurship evidence from brazil s special civil tribunals
2011Co-Authors: Guilherme Lichand, Rodrigo R SoaresAbstract:Entrepreneurship is usually identified as an important determinant of aggregate productivity and long-term growth. The determinants of entrepreneurship, nevertheless, are not entirely understood. A recent literature has linked entrepreneurship to the development of the Justice system. This paper contributes to this literature by evaluating the role of Access to Justice in determining the incidence of entrepreneurship. We explore the creation of Special Civil Tribunals in the Brazilian state of Sao Paulo during the 1990s. Special Civil Tribunals increased the geographic presence of the Justice system, simplified judicial procedures, and increased the speed of adjudication of disputes. Using census data, and difference-in-differences and instrumental variable strategies, we find that implementation of Special Civil Tribunals led to increased entrepreneurship, defined as the probability that individuals are employers or self-employed. Results are particularly strong and robust for the case of self-employment, and do not seem to be related to other changes in infrastructure or public good provision at the local level, or to pre-existing trends in entrepreneurship.
Laura Carlson - One of the best experts on this subject based on the ideXlab platform.
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swedish employment discrimination protections corporatism versus Access to Justice
2021Co-Authors: Laura CarlsonAbstract:This chapter examines the employment discrimination protections in Sweden under its two faces, namely the law in books and the law in action. Access to Justice, or the lack thereof, is argued to be a major reason for the law not being given significant effect by the courts, as well as in the employment context, being addressed in the corporatist Swedish labour law model.
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Access to Justice in labor law the key to social welfare
2019Co-Authors: Laura CarlsonAbstract:In Chapter 12, ‘Access to Justice’, Laura Carlson argues that stronger Access to Justice rights need to be in place in order for individuals in general to be able to partake of the social welfare r ...
