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Right to Education as an elementary Human Right: From Thinking to Living it

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The situation of education in general, and of higher education in particular, is not considered as a priority in developing countries. Unfortunately, all development depends on a good education. Many countries suffer not only of the absence of quality education, but also from a lack of accessibility for its citizens. Many of them suffer from not being able to study.

The exercise of citizenship must allow everyone to become an actor of society. To be an actor requires a good understanding of the role, the place and the rights be recognized by everyone. To be an actor means to be responsible in a social and democratic framework relying on values and references shared by all. «The practice of citizenship relies on participation spaces open to all. Otherwise, in many developing countries, as the level of education is very low, citizens do not consider themselves actors of their country’s development. »[1]They block the progress of their country and create other problems in security, the economy, politics, social issues and above all in an increase in unemployment. Indeed, a large part of the population is active, but instead of creating jobs, it is looking for employment. Thus, if everyone looks for a job, the number of openings is small. This has a negative impact on the resources of the State. «The challenges of contemporary societies are mostly characterised by complexity and are part of a global interdependence. In the face of globalization, the education of people to be good citizens must widen its scope from local, regional and national levels to a global dimension ».[2]

According to the document (UNESCO, 2014) UNESCO Education Strategy 2014-2021, approximately 774 million adults, of which two thirds are women, could neither read, nor write in 2011. More than 50% of this adult illiterate population lived in South and West Asia and a quarter approximately in sub-Saharan Africa; 10 countries alone represent 72% of the total. In sub-Saharan Africa, the number of illiterate adults has, in fact, increased by 37% these last twenty years to reach 182 million in 2011. According to these forecasts, the world total will still be of 743 million in 2015, a reduction of only 16% as against the number in 1985-1994 with regard to data on illiteracy (UNESCO, 2014b). It is the aim of education for all (EFA) which is the most difficult to reach.

Although illiteracy is mostly concentrated in the developing and highly populated countries, the problem continues to be pervasive. Developed countries also present large pockets of poverty, in which evaluations show that no less than one adult on five, in other words 160 million persons, have very low literary competencies, being unable to read, write and calculate in daily life (UNESCO, 2012.

Literacy, beyond being a basic competency, is also a prerequisite to access to all forms and all levels of apprenticeship all along life, as well as a base enabling quality education for all.

Being deprived of basic literacy competencies is a factor that leads to being excluded from many aspects of existence, and it covers important dimensions of gender and poverty. Governments and lending institutions are often insufficiently concerned with illiteracy. In the same manner, less than 3% of the national education budget is devoted to literacy and adult education programmes.

Education and life-long training

Education and life-long training are key elements of a strong and reasoned strategy which have become a powerful weapon in a dynamic world obsessed by competitivity. The way we see our neighbours is also part of our worries when we are looking to be inspired by tools and policies that they develop for continuous qualitative and quantitative improvement, of our educational systems, that will lead to a social integration and cohesion of nations (Newgreen, 2002).

Education and higher education are fundamental elements. They allow each individual to build his life, not only on a private basis, but also professionally, and also to contribute to the economic, political, and social aspects of the country in which they live.

To be effective, higher education demands, as a fundamental element, time, a certain slow pace, stability, tranquillity and even a minimum of comfort. Education is one of the most important levers in development. It is also, one of the most efficient mechanisms to guarantee peace and stability of a country. «We live in a rapidly evolving world, increasingly interdependent, in which knowledge and innovation are major development factors ».[3]

Stakeholders in the general environment of higher education

According to Burridge et al, education and higher education are as important as water to ensure life. In light of our research, we have noticed that all the economic, political, and social development of a country depends in large part to education that will impact the general environment of that country, and thus of the entire region. Obviously, education takes its roots at primary school, but we have limited our research to higher education.

In the framework of our research, we have identified certain stakeholders such as the citizens who are directly impacted by war. A well-educated society, capable of distinguishing good from bad, will attempt to avoid certain conflicts so as to live in peace. The Afghan population suffers from a lack of education and this opens the possibility for certain rebel groups to convince young men to undertake acts that are contrary to peace.

Education is one of the important factors in the social and economic development of a country. All the actors of social and economic life, who are stakeholders, suffer the consequences of the absence of penetration of higher education, at best a very low penetration, as outlined by several reports, such as those of the World Bank, UNESCO, and what we also observe in our empirical experience.

All the stakeholders, in the private and public sectors, feel the low use or the near-absence of technological development, which, however, is an absolute need today so as to avoid an important delay in productivity and thus, competitivity. The different educational levels feel the absence of means to train students in the use of basic technology. We have not identified a theory which outlines the fact that societies in developing countries must remain unchanged.«In the competitive and dynamic environment of the modern economies of knowledge, the educational policies occupy a central place and, if needed, can fulfil the functions that are normally traditionally part of investment such as policies of social protection».[4]

The emergence of the notion of ‘Life competencies’

« The four pillars of a quality education as defined by UNESCO (2000) allows to put the basis of a strategy that could assist to raise this challenge. Unfortunately, this is not the case in Afghanistan and in many developing countries.

Learning to know : education must assist students to acquire the instruments of knowledge, in other words, the necessary tools of communication and oral expression, reading, arithmetic and the art of problem resolution, to possess both a solid general culture and the deep knowledge of a few fields, to understand what are the rights and responsibilities and, above all, to learn to learn.

Learning to do : education must assist students to acquire the know-how and the social and psychological competencies that will allow them to make informed decisions in diverse situations, to manage social relations and relations at work, to access local and global markets, use technological tools, satisfy fundamental needs and improve quality of their life and the life of others.

Learning to be: education must contribute to the flourishing of individual personality and allow them to act with more autonomy, of judgement, of critical thought and of personal responsibility. It must develop all the aspects of a person’s potential such as, for instance, memory, reasoning, esthetical values, spiritual values, physical capabilities and the art of communication. It must encourage a healthy lifestyle, the liking of sports, of leisure, of the appreciation of one’s own culture, the respect of ethical and moral code, the art of making oneself valuable and of defending oneself, and the capacity of rebounding.”

Learning to live together: education must reinforce the know-how at students and the aptitudes likely to help them to accept mutual interdependence».[5]

Result:

According to the recommendations of the Organisation of the United Nations (UN), the international responsibility of governments and political leaders regarding the exercise of the right to education is to find a rapid and lasting solution to this challenge so as to better integrate the international community which check the effective exercise of the right enumerated which check, on the one hand, the application and the conformity with the «United Nations Pact relating to economic social and cultural rights» and on the other «the United Nations Pact relating to civil and political rights.»«One can state that facing the uncertain future and the multiple challenges that post-conflict States experience that have led to irreversible, and often permanently damaging, consequences, education must bring a final advantage to re-establish, through freedom and social justice, the conditions of preventive and balanced management of conflicts. This allows it to progress, while respecting the conditions of sustainable development, towards the expected peace ideals. »[6]

« The knowledge generated by the economy of education may thus assist the governments to optimize their policies through better informed choice, thus contributing the attainment of the objective of a sustained and equitable growth that mobilises all the citizens.»[7]

According to UNESCO’s Education Strategy 2014-2021, the political leaders must study to better exploit the potential of information technologies and communication (TIC) in education. The presence of sustainable infrastructure and financing issues, of the content of quality-insurance, represent, in this field, key issues, just like the question of available means to develop and put in place pluri-dimensional policies in matters of online security and ethics.

Education to citizenship allows to acquire new knowledge that will directly impact the economic, political and social life of the country. «The first function of education is to transmit an inheritance and to teach the ethical principles and the framework of law (national and international) that determines communal living. However, society today more than ever, faces rapid changes and challenges in embedded in complex global challenges. These challenges require societal changes to which a citizen should be able to participate. However, transmission and education are insufficient on their own: the education for citizenship must allow the exercise of new competencies: to enter into complexity, to manage uncertainty, to position oneself, to imagine new solutions and to participate in their realization. »[8]

The general experience of life and the ordinary unfolding of things show that when citizens who live and work in a given society are very well educated, there are less conflicts, for they are able to resolve their problems by discussion, dialogue, and common understanding. The example of countries in which social dialogue is the main governance vector, such as Switzerland, Norway, Sweden, etc, is more than welcome.

A well-educated society can only be a democratic society because it constantly counts on the capacity and the behaviour of its citizens; and each citizen feels important for his country.

If we take the case of Afghanistan today, it is a rich country with considerable natural resources, but the country finds itself in extreme poverty. Our analysis brings two explanations for this situation: the poverty of knowledge, first of all, that does not allow citizens to contribute to the development of the country and to correctly use their competencies and their rights; the poverty of the leadership, on one hand, that concentrate themselves exclusively on the acquisition of power instead of concentrating on the best manner to help the population. As a backdrop, one can see a situation in which the political leaders take advantage of the naivety and low educational level of their fellow citizens to stay in power and to profit from their advantages.  

The conclusions of our research shows that it is impossible to develop a country without prioritising education. To illustrate our working methodology, we have developed a competency matrix to helps Afghanistan become a stable state by developing a distance learning system.

Matrix of the competencies of a citizen

CompetenciesCriteriaSituationToolsEvaluation
  Active citizen    Positively participate in his individual development which will impact later, on different scales, such as family, clan, tribal, ethnic and national, and even in light of the entire country’s development, instead of concentrating on his personal interests.    Live together and contribute together to one’s own development as well as that of the country.  Education is the primary source to become an active citizen, positive and understanding.  Living together without conflict Societal progress.      
Know one’s own importance and valuesBe capable of undergoing auto-evaluation, to understand its importance, oneself, one’s values and those that still require development.  Use positive values for oneself and for one’s family; allow all members of one’s family to optimize their capabilities.Schools, universities and the professional environment allow us to be with others and to understand well our values and those of others.Non-violent communication. Personal evolution.
Know one’s rights as well as those of othersUnderstand the importance of one’s fundamental rights as well as those of others.  Mutual respect, whatever the age, gender and/or belief.EducationAvoid violence and live in peace.
Capacity of expressing oneself  Aptitude to develop and defend oneself in a calm and legal manner.  Express oneself without wounding others and make the situation more complex.  EducationRespect others.
Consciousness of power  Understand one’s own values as a citizen, as well as the importance of voting rights.In exercising one’s voting rights, elect deserving persons so as to stabilize the country’s political and social situation.  EducationAppoint leaders according to their and competencies that have a positive impact on the country’s management.
Equality and freedom  Understand the importance of equality as well as truly expressing his claims depending on the situation in which he finds himself.  Rule of lawEducation Citizen’s behaviours that can degrade or improve the situation.  Live in peace and in freedom. Express oneself without fear in the mutual respect.
The possibility of taking responsibilitiesAssume responsibilities for one’s family and in society and understand one’s own contribution.  Be active in social, economic and political life when one wishes to do so.Give the chance in equal proportions to all citizens without any exclusion.Participate in socioeconomic developments.
Incidence on Human RightsDistinguish between good and bad, and become conscious of one’s acts against others.Be capable of understanding sanctions and consequences when one breaks the rules of law.  Education and the application of laws in an equalitarian manner.Respect of law and fundamental freedoms Avoid all sorts of conflicts.
Understand, in a basic way, at a small scale, the phenomena tied to globalisation.  Become conscious of the changes in other parts of the world.Each country develops first of all because of the sum of individual actions.Ensure diversity of the country thanks to the contributions of different nationalities.Understand the economic, political, social situation of other countries, and apply to oneself the positive elements, if necessary.
Importance of the familyUnderstand that the family is very important and that women play an important role in the family well as in society.Each member of the family plays an important role for himself as well as for economic, political and social development of the country.EducationRespect the choices and the points of view of each family member to avoid conflicts and violence.
Use (tools) of the new technologies of information and communication (TIC) in an interactive manner (language, technology).Instrumental competency.Une, in one’s activities, of adequate technologies to facilitate tasks; if necessary, transfer best practices.EducationFaster and more efficient results.
Interact in heterogeneous groups.Social competencies whatever the religion and(or the beliefs. Transcend the differences.  Participate in social life in one’s city, village, town, etc.EducationBe capable of working in groups, whatever its origins and/or beliefs.
Act in an autonomous and consensual manner.  Personal competency for all that concerns the decisions of daily life.  Assume the responsibility of one’s decisions.Education  Work individually if necessary, with the proposed solutions.
Knowledge, know-how, social skills and life planning.Know one’s past, concentrate on the present and create one’s future.Concentrate on the future rather than concentrating on useless subjects.Education  Have a life vision, according to one’s capacities.
Exemplarity  Be an active and contributing citizen thanks to one’s actions.Motivate others so that they also become active in life.Positive action of citizens.Show to others the importance of citizens to one’s country.

Conclusion

We have noted that it is very difficult, and even impossible to respect the citizenship norms or the establishment of democracy or the respect of human rights in a country without putting the accent on the competencies of active and understanding citizens. We have observed that in many countries, there are conflicts between politicians (points of view on political ideology), but they manage to discuss, to negotiate and to obtain power through democratic rights, for they are citizens. The lack of reflection of citizens in the choice of their leaders and their policy in developing countries is the source of numerous conflicts, including civil wars. Hence the importance of insisting on the apprenticeship of citizenship, which allows populations to be in charge of their destiny by actively participating in the life of the nation. This is why education must prioritise the development of the citizen’s competencies, such as the knowledge of oneself, of its importance and its values; the knowledge of the one’s rights and those of others; the ability to express oneself; the knowledge of one’s power; equality and freedom; the possibility of assuming one’s responsibilities; the primacy of human rights; the understanding of the phenomena linked to globalization; the centrality of the family; the use of new technologies of information; the knowledge, know-how, social skills and life planning; empowerment and exemplarity.

Each of these elements include, criteria, situations, tools and parameters to evaluate the citizen’s competency matrix which must serve as a learning tool of citizenship.

For a country to be able to develop economically, politically and socially, the political leaders must give priority above all else to an action plan on the competencies of citizens. This contribution will make it easier for the present and future leaders. If that is not the case, the government will transmit poverty from generation to generation.


[1] Education à la citoyenneté mondiale : https://www.education21.ch/fr/edd/approches/education-a-la-citoyennete-mondiale

[2] http://www.globaleducation.ch/globallearning_fr/pages/BA/BA_Re.php

[3] Stratégie de l’UNESCO : L’éducation 2014-2021.

[4] http://www.eenee.de/fr/eeneeHome/Economics-of-Education.html

[5] Colloque international Education, violences, conflits et perspectives de paix en Afrique, Yaoundé, 6 au 10 mars 2006,

Milène Trabelsi et Jean-Luc Dubois

[6] Colloque international « ducation, violences, conflits et perspectives de paix en Afrique, Yaoundé, 6 au 10 mars 2006,

Milène Trabelsi et Jean-Luc Dubois

[7] http://www.eenee.de/fr/eeneeHome/Economics-of-Education.html

[8] Charly Maurer, L’éducation à la citoyenneté, Fondation Éducation et Développement, 2008, 4

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New Social Compact

The Only Wealth, There’s in Man

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The famous quote of Jean Bodinprovide us with an important visualization about the   human capital in developing countries, in order to achieve the millennium development goals.

However, these goals remain challenge that must be realized despite in this epidemiological crisis which created an economic and social threat around the world, it destroyed the pillars of human development such as: education, health and income, so the Index of Human Development has declined to 1,8%.

In fact, the Covid 19 pandemic has put developing countries in a state of emergency to confront this disaster, by strengthening the intangible resources of which human capital is a part.

This article aims to demonstrate the importance of human capital in development process relying on the experience of National Initiative for Human Development, as a pioneer reference that place people at the center of public policies.

The human capital: from conception to process

The concept of human capital is not newly. Yet, it was previously introduced by Adam Smith[1]in his theory. The latter believes «human capital includes the set of skills and abilities that individuals acquired through family education, study and learning. This acquisition result in real expenses that correspond to fixed and integrated capital in the individual which capital is self part of his fortune as the society to which he belongs”.

Furthermore, Adam Smith’s theory was extensively reformulated by economist Gary Beckerin 1964, in his book entitled ‘’Human Capital’’, Becker placed humans at the center of economics and emphasized the important role of investment in human capital, he worked to show that human capital corresponds to all the productive capacities that an individual can acquire through the accumulation of general or specific knowledge and another forms of skills.

The idea raised by Becker reflects the thought of the Greek philosopher Aristotle’s who said : “any one can discover his talents and develop his potential, in the face of the danger of neglecting his humanity and that happiness comes through the realization of the potential of each one ”

These theories devoted to human capital have been developed over the past decades by many international researches and studies as World Bank and The Organisation for Economic Co-operation and Development reports.

According to the World Bank report, Human capital consists of the knowledge, skills, and health that people accumulate throughout their lives, allowing them to realize their potential as productive members of society.

The report point’s out three main components of human capital index as “survival, education, and health”. This indicator was recently created by the World Bank Group as part of the “ Human Capital Project”, so countries can use it as measure productivity for future generation based on what it would be like if this generation benefits from optimal education and health conditions.

In addition, HCI contains three main criteria: the infant mortality rate (rate of survival to age 5), the quality of education (number of school years and quality of education) and health (developmental delay in children and survival rates to adulthood). Otherwise, the combination of these criteria gives a value between 0 and 1, if the index approaches to 1, the country offers good education and health to its citizens, so thus its new generation become more productive, and if the HCI is 0.6, it means that the economic productivity of the younger generation will be 60% of what it could have achieved under optimal education and health conditions, so the country will lose 40% of the economic potential of this generation.

Therefore, without human capital, a nation cannot maintain sustainable economic growth, prepare its workforce for skilled jobs of future the possibility of competition in the globalized economy. Thus, this capital was considered as an interlunar factor of the country’s wealth. Knowing that total wealth consists mainly of intangible capital, add into to produced capital and natural capital.

Consequently, it appears that these human, natural and produced capitals constitute the basic elements of intangible capital. This capital resides in the interaction that takes place between the different types of assets, by adding the tangible assets “ produced capital ”, which are the result of human activity, financial assets, buildings, infrastructure, urban equipment and land, as well as natural assets“natural capital”, such as fossil fuels, minerals, agricultural land, cultivated land, pastures, forests, protected areas, materials raw materials, farmland, forests and protected areas, and human capital.

Moreover, in 1986 the concept of intangible capital appeared by the French specialist in niche markets “ Bruno Bizalion ”, this economist pointed out that the company’s capital also include intangible factors, and then he developed a method which evaluate this intangible potential.

Five years later, the Swedish organization theorist “Leif Edvinsson” used this term in his study of evolution of group management practices. This research was contacted in collaboration with American writer ‘Michæl Malone’, and published in 1997 when they learned about the company hidden wealth, either we say everything you use to create value which one cannot necessarily discover by reading its balance sheet (not all the values of the synergies of the organization are shown). Therefore, intangible capital is related to definition the difference between the real value of the market or the firm and book value.

For the World Bank, the concept of intangible capital is differs from its previous theories. it indicates that the wealth and geopolitical strength of a nation can be built not only with natural resources and built wealth, but also with its capacity for innovation, level of education of its citizens and social cohesion that reigns there.

In its report entitled “Where is the wealth of nations” the World Bank devised a new method of evaluating the wealth of nations, called intangible capital. This capital consists the sum of human capital (all the skills and knowledge available in a country), social capital (the ability of individuals to work together to achieve set goals) and institutional capital (the quality of legal, educational and health systems in place in a country).

As a result, human capital remains an essential element in this process of wealth accumulation and progress which determines earning capacity, and brooding employment horizons of individuals to evaluate the level of income and distribution in the community. Knowthat the development of human capital is not limited to the economic dimensions only, but take in consideration political, social and cultural elements.

The promotion of human capital: A development approach

The promotion of human capital has been a decisive importance in public policies for many developing countries, so there is no strategy or program initiated by the State, local authorities or private sector that mention it.

In this regard, since 1960, Morocco has developed various strategies and programs that fall within the framework of national programs to universal school education and fight illiteracy; social development strategy (SDS) in 1993 to improve social indicators such as education, health and priority equipment; drinking water supply program for the benefits of the rural populations (PAGER) in 1995; social priorities program (BAJ1 ) in 1996 focused on basic education, especially for girls, health care, and employment promotion; rural electrification program (PERG) in 1996; rural development (1997); special decentralized development program (2001).

Nevertheless, these programs and strategies did not succeeded in evolution the level of social indicators in various areas of development. Therefore, the country’s index of human development ranges in position 126.

To remedy this situation, the public authorities have proposed a new approach to struggle poverty and social exclusion in collaboration with the United Nations Development Program.

This approach give significant increase in the gains on consolidation of democracy  in the area of freedom (protection of human rights, public freedoms, justice and gender equality) illustrated by social projects such as the educational reform with education as the second priority after territorial integrity, the entry into force of the Compulsory Health Insurance (AMO) and the measures taken to maintain the continuity of the main pension schemes, the social housing programs have mobilized additional resources, in particularly extra-budgetary, from outside the budget which witnessed new renewed mobilization of all actors involved in the unemployment problem, the national program to support the creation of a business by adapting training to the changing needs of the national productive system and managing  the labor market.

In 2005, these realizations has supported with an innovative strategy named National Initiative for Human Development. This initiative aims to change the social work in the country by opening up a new horizon and an exceptional coherence centred on the development of human capacities.

For 15 years ago, this social project has permitted the realization of countless projects and actions of rising future generations as enhancing health and education services, improving income and economic inclusion of youth people, promoting entrepreneurship & employment, and supporting social & solidarity economy.

In this context, the National Initiative for Human Development has established an arsenal process at the national and territorial level in order to achieve these projects for benefits of society and citizens, to involve panoply of actors present in each territory to participate in the program process, through creation the local, provincial and regional committees which bring together the various stakeholders (local population, associations, regional authorities, experts, and representatives of ministerial departments …). These actors have contributed to implementing within framework of these programs and have taking into consideration issue of citizens’ standard of living at the local level.

These aforementioned mechanisms have been straightened  approve of integrated approach to enhance human capital, to develop new structures named “youth platforms”, this space  considered as forums for interaction between various programs adopted by different stakeholders in the public and private sectors which work for economic inclusion of youth people and rural women by listening, directing them to support and develop their personal skills so that they can bring their ideas and turn them into real projects that constitute sources of local intangible wealth.

In general, this participatory approach demonstrates the importance of human capital as source of wealth creation if it is properly valued.

So, the promotion of human capital has appeared essential in the recent epidemiological crisis,  For that reason, the Moroccan development model must be based on expansion of capacities & freedoms as well as working to stimulate human possibilities & potentialities, taking into account the social and cultural heritage, customs, governance, new information and communication technologies.

To invest in human capital, it is important to promote a systematic foundation for long-term plan that respect the specifics of issues related to education and health, based on the following facts:

– Consolidation of citizenship and human rights (make it possible to release the capacities and potentials of citizens so that they can fully contribute to the achievement of development).

– The importance role of the civil society and its synergy in development process (because development cannot be envisaged without involving civil society).

– Awareness of proximity factor, made on the intangible resource of each territory in order to give an identity or an image for each “city”, each “village” and each “douar”, as taking into the national context in which we operate.

Eventually, the promotion of human capital is not just a goal that must be achieved but rather development approach conditioned on participation and inclusion of human being in this process as an actor regardless of his gender and age.

Bibliography:

  1. Jean Bodin was a French jurist and political philosopher (1529 -1596).
  2. Adam Smith, is a Scottish econimist and  philosopher  (1723-1790).
  3. Adam Smith, The Wealth of Nations, 1776.
  4. Daanoune Rachid and El arfaoui Marouane, ‘’ the concept of intangible capital: the ambiguity of a terminology, Journal of Academic Finance, Vol 9- N ° 1, Spring 2018.
  5. Gary Stanley Becker was an American economist who received the 1992 Nobel Memorial Prize in Economic Sciences.
  6. G. S. Becker, Human Capital, A Theoretical and Empirical Analysis, Columbia University Press for the National Bureau of Economic Research, New York, 1964.
  7. Leif Edvinson et Michæl Malone, Intellectual Capital : Realizing Your Company’s True Value by Finding Its Hidden Brainpower, Collins 1997.
  8. Michael Shawn Malone, Publisher, investor, businessman, author of numerous books on business and high technology such as “The Virtual Corporation”.
  9. Michel Vernières “the notion of human development” in institutions and development seminar, December 2004, p 2.
  10. Rapport mondial sur le développement humain, PNUD 2005.
  11. Resche, Catherine, 2007. «Human Capital : l’avers et le revers d’un texte métaphorique.», LSP and Professional Communication, 7-2 , 23-4.
  12. Sen Amartya,‘’ a new economic model: development, justice, freedom ’, 2nd edition, Odile Jacob, 2003, p 15.
  13. Stéphanie Fraisse-D’olimpio, ’the foundations of human capital theory’, SES-ENS, 2009.
  14. Stiglitz Joseph, Towards a new development paradigm, political economy, 5, 2000, p.5-3
  15. World Bank. 2005. Where is the Wealth of Nations? Measuring Capital for the 21st Century. https://openknowledge.worldbank.org/handle/10986/7505
  16. https://www.banquemondiale.org/fr/publication/human-capital/brief/about-hcp
  17.  http://www.indh.ma/capital-humain/
  18. https://www.undp.org/content/undp/fr/home/news
  19. https://www.cmcmarkets.com/fr-fr/actualites-et-analyses/lindice-de-capital-humain-nouvel-indicateur-de-la-banque-mondiale

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Laws Still Restrict Women’s Economic Opportunities Despite Progress

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Countries are inching toward greater gender equality, but women around the world continue to face laws and regulations that restrict their economic opportunity, with the COVID-19 pandemic creating new challenges to their health, safety, and economic security, a new World Bank report says.   

Reforms to remove obstacles to women’s economic inclusion have been slow in many regions and uneven within them, according to Women, Business and the Law 2021. On average, women have just three-quarters of the legal rights afforded to men.  Women were already at a disadvantage before the pandemic, and government initiatives to buffer some of its effects, while innovative, have been limited in many countries, the report says.

“Women need to be fully included in economies in order to achieve better development outcomes,” said David Malpass, World Bank Group President. “Despite progress in many countries, there have been troubling reversals in a few, including restricting women’s travel without the permission of a male guardian. This pandemic has exacerbated existing inequalities that disadvantage girls and women, including barriers to attend school and maintain jobs. Women are also facing a rise in domestic violence and health and safety challenges. Women should have the same access to finance and the same rights to inheritance as men and must be at the center of our efforts toward an inclusive and resilient recovery from the COVID-19 pandemic.”

Women, Business and the Law 2021 measures the laws and regulations across 8 areas that affect women’s economic opportunities in 190 countries, covering the period from September 2019-October 2020. From the basics of movement in the community to the challenges of working, parenting, and retiring, the data offers objective and measurable benchmarks for global progress toward gender equality. Following the outbreak of the pandemic, this report also looks at government responses to the COVID-19 crisis and how the pandemic has impacted women at work and at home, focusing on childcare, access to justice, and health and safety.

Overall, the report finds that many governments have put in place measures to address some of the impacts of the pandemic on working women. For example, less than a quarter of all economies surveyed in the report legally guaranteed employed parents any time off for childcare before the pandemic. Since then, in light of school closures, nearly an additional 40 economies around the world have introduced leave or benefit policies to help parents with childcare. Even so, these measures are likely insufficient to address the challenges many working mothers already face, or the childcare crisis.

The pandemic has also contributed to a rise in both the severity and frequency of gender-based violence. Preliminary research shows that since early 2020, governments introduced about 120 new measures including hotlines, psychological assistance, and shelters to protect women from violence. Some governments also took steps to provide access to justice in several ways, including declaring family cases urgent during lockdown and allowing remote court proceedings for family matters. However, governments still have room to enact measures and policies aimed at addressing the root causes of this violence.

While it is encouraging that many countries have proactively taken steps to help women navigate the pandemic, it’s clear that more work is needed, especially in improving parental leave and equalizing pay,” said Mari Pangestu, Managing Director of Development Policy and Partnerships, The World Bank. “Countries need to create a legal environment that enhances women’s economic inclusion, so that they can make the best choices for themselves and their families.”

Despite the pandemic, 27 economies in all regions and income groups enacted reforms across all areas and increased good practices in legislation in 45 cases during the year covered, the report found. The greatest number of reforms introduced or amended laws affecting pay and parenthood.

However, parenthood is also the area that leaves the most room for improvement globally. This includes  paid parental leave, whether benefits are administered by the government, and whether the dismissal of pregnant women is prohibited. Reforms are also needed to address the restrictions women face in the type of jobs, tasks, and hours they can work, segregating them into lower paid jobs. And in 100 economies, laws do not mandate that men and women be paid the same for equally valued jobs.

Achieving legal gender equality requires a concerted effort by governments, civil society, and international organizations, among others. But legal and regulatory reforms can serve as an important catalyst to improve the lives of women as well as their families and communities. Better performance in the areas measured by Women, Business and the Law is associated with narrowing the gender gap in development outcomes, higher female labor force participation, lower vulnerable employment, and greater representation of women in national parliaments.

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New Social Compact

Child Abuse & Legal System

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In world where the population is high, crime rate is higher. China has a separate system because China has a large population but the laws are so strict that people are afraid to commit crimes. Legal System of Punishments in China is strict . The recent example in china is during COVID 19. People in China during lockdown was following the laws so strictly. On the other hand the situation in all others countries was very clear.

In countries where the punishments are harsher and deterrent, there is a reduction in crimes. Whereas in countries where the punishments are softer, people do not stop committing crimes.

When we discuss about the Punishments in Islamic Legal System , In Islamic law and the Qur’an there are severe punishments in heinous offenses. In Islam, it has always been the case that if a person commits a major crime, he should be punished in such a way that he becomes a lesson for others and people learn from it.It is in Islam that if someone steals, his hands will be cut off, then no one will ever dare to steal. Prophet Muhammad (Peace be Upon Him) said that if my daughter Fatima also stole, I would cut off her hands.

Legal System of Pakistan , If the punishment is severe then the crime will decrease, if the punishment is not severe then the crime will increase day by day. In our country’s legal system Islamic law exist but No proper implementation is there. We mostly follow the principles of the common law for punishment.

The Pakistan Penal Code deals with punishments in criminal cases. Its origin is from the Indian Penal Code which is dated back to the 1860. When Pakistan came into being they renamed this enactment as Pakistan Panel Code. In fact, the origin of the mentioned punishments in the said enactment have basis from the Common Law System which was the system of British Government in the 19th Century. When  British Government was ruling over the Indo-Pak subcontinent, they made these laws in the beginning.

The Indian Penal Code was the basic legislation made in the 1860. Later on in 1898 the Code of Criminal Procedure was enacted also. Now in India, Pakistan and Bangladesh the same law is the basic criminal law with certain amendments. These laws have been changed a little bit, but their basic laws are the same and it is still implemented to a greater extent.

Example :According to section 377 of Pakistan Penal Code the unnatural offences are defined in a way that they are related to unnatural lust. If a man tries to have sex with a man and even if he tries to have sex with a child, his sentence is 10 years imprisonment. So if an offender wishes to abuse a child with a fear that if he is caught, he will be imprisoned, he will never commit such offense. Similarly if he knows that he will be released in little span of time on bail by getting the consent from the child’s family and by settling the matter by giving them some money, he may commit the offense without any fear. He may commit the same offense again and again.

Conclusion:It is important to create deterrence in punishments especially in heinous offenses so that people have fear of committing them. Only this way offenses can be controlled and society can be peaceful to live in.

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