Syndicate content

property rights

End Discriminatory Laws, and Transformative Change Can Follow

Tazeen Hasan's picture

A woman in South Africa. © Trevor Samson/World BankIn September 2013, four elderly sisters in Botswana were finally and definitively allowed to remain in the ancestral home where they had spent most of their lives — the result of their own tenacity and determination that a young nephew could not step in and take ownership of a property they had lovingly maintained.

This landmark decision by the highest court in Botswana, the Court of Appeal, followed five years of efforts by women’s networks and legal associations who helped the sisters bring their claim. The judges decided that customary laws favoring the rights of the youngest male heir were simply out of date.

“The Constitutional values of equality before the law and the increased leveling of the power structures with more and more women heading households and participating with men as equals in the public sphere and increasingly in the private sphere demonstrate that there is no rational and justifiable basis for sticking to the narrow norms of days gone by when such norms go against current value systems,” wrote Justice Lesetedi of the Botswana Court of Appeal.

The reform of discriminatory laws can lead to transformative change.

Why does the legal environment matter for women’s access to capital?

When asked about what she thought was key in advancing women’s rights, Cherie Blair, lawyer and founder of the Cherie Blair Foundation for Women, replied, “I believe that actually financial independence is very important so we need a financial framework that recognizes women as equals, that enables them to have access to finance, access to capital to have their own financial independence.”  For women in the developing world, property rights can be a factor in getting access to finance. (Credit: World Bank Photos)

And this brings to the table another question: What are the hurdles that women face when trying to access capital?

For many women entrepreneurs across the world, getting a loan to start or expand their business can prove challenging. This is particularly true in the developing world where banks often require borrowers to pledge their home or land as collateral. Women, who tend to lack such assets, are placed at a disadvantage. Legal restrictions on women’s property rights can exacerbate the problem.

The effects of land tenure regularization in Rwanda

Markus Goldstein's picture

So I come back from vacation to find out that I was part of a randomized experiment in my absence.   No, this had nothing to do with the wonders of airline travel in Europe (which don’t add that frisson of excitement through random cancellations like their American brethren), but rather two of our co-bloggers trying to figure out if the blog actually makes people recognize me and Jed more (here are links to parts

China's revolution in access to finance

Ryan Hahn's picture

China looks set to see a boom in access to finance since the passage in 2007 of the Property Rights Law. Last week, the Financial Times reported on the newfound ability of farmers to monetise their land. Some farmers are selling to larger, more efficient companies, while others are taking advantage of the opportunity to use their land as collateral:

The Access to Justice Programme in Pakistan

Mohammad Amin's picture

To reduce the enormous backlog of court cases, Pakistan enacted the “Access to Justice Programme” in 2002. Case-flow management techniques were taught to judges in 6 pilot districts out of 117, with the aim of facilitating rapid case disposal. Beyond this immediate aim, a more efficient judiciary can also have important economic effects by, for example, providing more secure property rights and better enforcement of creditor rights.

A Development 2.0 manifesto

Inspired by the 45 propositions for social media, below is a modest attempt at putting together some initial thoughts for a Development 2.0 (the application of web 2.0 principles to the development sector) manifesto. This is very much a work in progress, so feel free to add your comments and point out gaps:

Do we need to worry about enforcement of laws?

Mohammad Amin's picture

It goes without saying that rules, laws and regulations are meaningless if they are not enforced. Yet, the bulk of the literature on the effects of various laws is completely silent on the enforcement issue. The implicit assumption is that measures based on laws on the books are a reasonably good proxy for actual enforcement of laws and so an explicit reference to enforcement is not required. Is there any reason to think this is a plausible assumption?
 

The heavy hand of regulation and the hidden cost of information

Mohammad Amin's picture

In his presidential address to the American Economic Association, Avinash Dixit (2009) notes that laws and regulations are necessary for security of property rights, enforcement of contracts and overcoming collective action problems – something that the private sector cannot function without. However, laws and regulations are unlikely to have much beneficial effect if private agents are simply not aware of them. How easy is it for firms to obtain information on laws and regulations?


Pages