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
International Journal on Minority and Group Rights – Brill
Published: Jan 1, 2011
Keywords: SOCIO-ECONOMIC RIGHTS; JUSTICIABILITY; EQUALITY; NEPAL; CONSTITUTION
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