Law and Social Policy in the Global South

Law and Social Policy in the Global South
Author: Ulrike Davy
Publisher: Taylor & Francis
Total Pages: 223
Release: 2022-12-13
Genre: Law
ISBN: 1000801020

The book is an in-depth study of the origins and the trajectories of the law governing social policies in Brazil, China, India, and South Africa, four middle-income countries in the global South with a history in social policy making that starts in the 1920s. The policies of these countries affect almost half of the world’s population. The book takes the legal framework of the policies as a starting point, but the main interest lies behind the letter of the law: What were the objectives and goals of social policy over the course of the last 100 years? What were the ideas, ideologies, and values pursued by relevant actors? The book comprises four country studies and a comparative study. The country studies concentrate on the political and social context of social policy making in Brazil, China, India, and South Africa as well as on the ideas, ideologies, and values underpinning the constitution, statutory laws, and case law that frame and shape social policy at the national level. The country studies are complemented by a comparative study exploring and describing the commonalities and differences in the ideational approaches to social policies across the four countries, nationally and – in the formative decades – internationally. The comparative study also identifies the characteristics that make Brazilian, Chinese, Indian, and South African social policies distinct from European social policies. With its emphasis on law and drawing on legal scholarship, the book adds a new dimension to the existing accounts on welfare state building, which, so far, are dominated by European narratives and by scholars with a background in sociology, political science, and development studies. This book is relevant to specialists and peers and will be invaluable to those individuals interested in the fields of comparative and international social security law, human rights law, comparative constitutional law, constitutional history, law and development studies, comparative social policies, global social policies, social work, and welfare state theory. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Access to work for disabled persons in South Africa: A rights critique

Access to work for disabled persons in South Africa: A rights critique
Author: Meryl Candice du Plessis
Publisher: PULP
Total Pages: 271
Release: 2017-06-22
Genre: Discrimination in employment
ISBN: 1920538674

Assumptions of inability and the perceived costs of employing disabled persons are two of the primary reasons why it has been impossible or difficult for many capable disabled persons to access work and to continue working. This book considers the South African legal framework that seeks to promote such access and critiques it with particular reference to the intersections of the rights to equality and access to social security. One of the primary arguments is the need for a more active conception of social security in which access to work for disabled persons is recognised as an integral component of promoting both social security and substantive equality.

Research Handbook on International Insurance Law and Regulation

Research Handbook on International Insurance Law and Regulation
Author: Julian Burling
Publisher: Edward Elgar Publishing
Total Pages: 883
Release: 2012
Genre: Law
ISBN: 1849807892

'Global insurance and its rapidly evolving law and regulation demands international research. To this aim, the Handbook offers a truly international collection of essays. Highly renowned experts analyze the key topics currently under international discussion and development. While representing a diversity of national jurisdictions, the focus lies on the largest insurance jurisdictions (USA, UK and Germany) but newly important jurisdictions like Brazil and China are considered as well a most valuable and important contribution to international insurance law literature.' Manfred Wandt, Director of the Insurance Law Institute, Goethe-University Frankfurt, Germany 'This Research Handbook is published at an opportune time. A global review of insurance law and regulation is underway. Much reform happens locally with little reference to developments elsewhere and this Research Handbook brings the strands together. It is a comprehensive review by distinguished authors from different backgrounds including both leading academics and practitioners. They consider the definitions of insurance, its economic underpinnings, comparative law and regulations, actual and proposed reforms, the effects on underwriting and claims and how insurance is studied and taught. Good laws and regulation benefit the market and its customers. Bad laws and regulation do the opposite. This book is required reading for all involved in the reform process.' David Hertzell, Law Commissioner 'Globalisation has had no greater impact in the commercial world than on insurance, the law which governs it and the risks it seeks to address. Those who inspired this publication and the contributing authors, are to be thanked for providing such a necessary and useful reference source. It covers so much of what insurance professionals need to be aware of in the insurance/law world of the twenty first century.' Michael Gill, President of the International Insurance Law Association Given its economic importance, insurance is a field that has been underserved as an area of academic study. This detailed book provides much needed coverage of insurance law and regulation in its international context. Produced in association with Lloyd's, it draws on the expertise both of academics and practising lawyers. Containing 30 comprehensive chapters, it provides in-depth studies on key areas, such as the role of international organisations, the judicial interpretation of insurance contract clauses and transnational regulatory recognition. It also provides thorough introductions to important jurisdictions, including the EU, US and Japan as well as focusing on newly emerging economies such as China and Brazil. Specialist topics covered include regulation by and of Lloyd's, the tort of bad faith in the US, microinsurance and takaful insurance. This well-documented resource will appeal to academics and students in insurance law and regulation, policymakers and private practice lawyers. The book also aims to stretch the imagination of anyone with an interest in insurance law and regulation, providing detailed analysis and avenues for further investigation.

Directors' Personal Liability for Corporate Fault

Directors' Personal Liability for Corporate Fault
Author: Helen Anderson
Publisher: Kluwer Law International B.V.
Total Pages: 354
Release: 2008-10-22
Genre: Law
ISBN: 9041145060

The corporation’s ability to avoid the costs of risks that materialize as a result of its pursuit of profits is a departure from the market model. It can easily be seen as an evasion of the obligations that go with being the un-coercing, freely-acting and choosing ‘invisible hand.’ Dramatic corporate collapses and major human and economic disasters due to bad corporate conduct have strengthened the common sense view that, if the corporate directors and officers have made the deliberate act their own in some way, they may be held responsible on the same basis that liberal law holds all individuals responsible for their intended actions in the non-corporate settings. Accordingly, recent decades have seen an increasing number of statutory interventions worldwide that impose direct responsibilities on directors and other corporate officers in respect of a wide range of regulatory regimes: environmental regulation, occupational health and safety and other employment standards, human rights statutes, transportation regimes, consumer and competition laws, protections for creditors and workers against insolvent trading, and the like. Legitimacy crises have pushed legislators to enlarge the number of responsibilities, to increase the amounts of the fines that may be levied and to make it clear that, in some cases, prison sentences will be imposed. This collection of essays describes and analyzes the legal regimes governing directors’ liability for corporate fault and default across eleven important trading jurisdictions. It asks: Are the reform provisions, especially director duties of ‘due diligence,’ sharply enough aimed to attain the goal of corporate accountability? Will it be easy or difficult for defendants to establish that due diligence was exercised? Is it possible that more reliance on self-policing may lead to less documenting and reporting of wrongs and dangers? What impact may schemes of greater self-monitoring have on State regulation? In what ways might corporations react to these demands that they become guardians of the public weal? The authors – each an authority in his or her respective jurisdiction – recognize that the reforms are a reaction to the political problems created by the ill fit of the corporation with the economic and political value systems that we purport to hold dear. As they survey the ways that vibrant economies can frame laws to influence the conduct of directors and companies, they invite further exploration into the political, economic, practical, and evolutionary factors that may explain the convergence and divergence of both statute law and judicial doctrines and the desirability or inevitability of this deeply significant trend.

Unprotected Migrants

Unprotected Migrants
Author: Norma Kriger
Publisher: Human Rights Watch
Total Pages: 56
Release: 2006
Genre: Alien labor, Zimbabwean
ISBN:

Recommendations. To the government of South Africa. -- Background. Migration to South Africa - Foreign migrants on farms in South Africa - Zimbabwean farm workers in Limpopo Province -- The International Organization for Migration and Zimbabwean migrants. -- The legal framework: Migrants' status and employment conditions. -- The Immigration Act : Violations and gaps resulting in human rights abuses. Unlawful procedures and acts in the arrest, detention, and deportation of undocumented foreigners: Officers' failure to verify the status and identity of suspected "illegal foreigners"--Assault, bribery, and theft by police during arrest of suspected illegal migrants - Detention exceeding 30 days without proper procedures - Detention not in compliance with prescribed standards. --Deportation without an opportunity to collect remuneration, savings, and personal belongings -- Migrants' vulnerability to arrest and deportation arising from government deficiencies in documenting corporate workers -- Migrants' vulnerability to financial abuses by corporate permit holders. -- Employment laws : Violations and gaps resulting in human rights violations. -- Employers' failure to pay minimum wages, their unlawful use of piece rate, and their disregard of overtime rules -- Employers' failure to comply with provisions governing deductions from wages -- Discrimination and violence against Zimbabwean workers by South Africans in the private sector -- Housing and living conditions -- Workers' compensation -- Employer deductions for emergency travel documents (ETDs) -- Conclusion. -- Acknowledgements.

"Keep Your Head Down"

Author: Norma Kriger
Publisher: Human Rights Watch
Total Pages: 117
Release: 2007
Genre: Alien labor
ISBN:

Recommendations -- Background -- The legal framework -- The Immigration Act : violations and legal gaps resulting in human rights abuses -- Employment laws : violations and legal gaps resulting in human rights abuses -- Conclusion -- Acknowledgements.

Health Care Service Management

Health Care Service Management
Author: Marie Eloïse Muller
Publisher: Juta and Company Ltd
Total Pages: 580
Release: 2006
Genre: Business & Economics
ISBN: 9780702171635

This comprehensive management manual brings together a holistic philosophy of health care, an overview of good business practices, and guidelines for compliance to national and international hospital accreditation standards. Chapters cover conceptual frameworks for health service delivery, strategic planning, good governance, financial management, human resource management, and continuous quality improvement. The philosophy of Ubuntu, the African notion that everyone in a community is responsible for the welfare of its members, is also discussed as a necessary consideration in all heath care decisions.

EXPLOITED, UNDERVALUED - AND ESSENTIAL: DOMESTIC WORKERS AND THE REALISATION OF THEIR RIGHTS

EXPLOITED, UNDERVALUED - AND ESSENTIAL: DOMESTIC WORKERS AND THE REALISATION OF THEIR RIGHTS
Author: Darcy du Toit
Publisher: PULP
Total Pages: 388
Release: 2013-11-18
Genre: Civil rights
ISBN: 1920538208

Millions of domestic workers experience exploitation in the privacy of their employers’ homes; also in South Africa they are to a large extent beyond the reach of legal protection. This book sums up four years of research on ways of realising their rights. It highlights their essential role, both as care-givers and in enabling their employers to work outside the home. Against the background of the Constitution and international law it examines ways of adapting the legal framework as well as alternative mechanisms, including new forms of organisation, for translating basic rights into effective regulation.