Constitutional Rights and Social Exclusion in Nepal

Constitutional Rights and Social Exclusion in Nepal International Journal on Minority and Group Rights 18 (2011) 387–411 © Koninklijke Brill NV, Leiden, 2011 DOI 10.1163/157181111X583341 brill.nl/ijgr Constitutional Rights and Social Exclusion in Nepal Malcolm Langford Research Fellow, Norwegian Centre for Human Rights, University of Oslo, Norway Ananda Mohan Bhattarai Judge, Court of Appeal, Patan, Nepal Abstract In Nepal, poverty is highly correlated with an individual’s ethnicity, caste, language, religion or membership in an indigenous group. In the drafting of the new Constitution, many have called for inclusion of socio-economic and affi rmative action rights in order to address social inequalities. Th is article sets out to assess these demands in an international and domestic context. After this socio-political background is set out in the introduction, section 2 provides a comparative and international analysis of the debates, trends and jurisprudence concerning the constitutional inclu- sion of equality and socio-economic rights. Section 3 examines the constitutional history of Nepal on this topic with a particular focus on the jurisprudence of the Supreme Court, and section 4 assesses the consequences of this experience for the constitutional drafting process. Section 5 analy- ses the current draft bill of rights and provides some thoughts on the possible future directions for http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal on Minority and Group Rights Brill

Constitutional Rights and Social Exclusion in Nepal

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1385-4879
eISSN
1571-8115
D.O.I.
10.1163/157181111X583341
Publisher site
See Article on Publisher Site

Abstract

International Journal on Minority and Group Rights 18 (2011) 387–411 © Koninklijke Brill NV, Leiden, 2011 DOI 10.1163/157181111X583341 brill.nl/ijgr Constitutional Rights and Social Exclusion in Nepal Malcolm Langford Research Fellow, Norwegian Centre for Human Rights, University of Oslo, Norway Ananda Mohan Bhattarai Judge, Court of Appeal, Patan, Nepal Abstract In Nepal, poverty is highly correlated with an individual’s ethnicity, caste, language, religion or membership in an indigenous group. In the drafting of the new Constitution, many have called for inclusion of socio-economic and affi rmative action rights in order to address social inequalities. Th is article sets out to assess these demands in an international and domestic context. After this socio-political background is set out in the introduction, section 2 provides a comparative and international analysis of the debates, trends and jurisprudence concerning the constitutional inclu- sion of equality and socio-economic rights. Section 3 examines the constitutional history of Nepal on this topic with a particular focus on the jurisprudence of the Supreme Court, and section 4 assesses the consequences of this experience for the constitutional drafting process. Section 5 analy- ses the current draft bill of rights and provides some thoughts on the possible future directions for

Journal

International Journal on Minority and Group RightsBrill

Published: Jan 1, 2011

Keywords: SOCIO-ECONOMIC RIGHTS; JUSTICIABILITY; EQUALITY; NEPAL; CONSTITUTION

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