Showing posts with label social economic rights. Show all posts
Showing posts with label social economic rights. Show all posts

Monday, August 12, 2019

New CCPL Report on Same Sex Couples' Unequal Access to Public Housing in Hong Kong

CCPL research finds that due to the discriminatory nature of the public housing policy, same-sex couples (LGB individuals) are subjected to an economic penalty of HKD233,539. Findings of the study also suggest that the impugned policy is counter-productive to distributing public housing fairly and efficiently.
      The data analysis in this report demonstrates that low-income same-sex couples suffer an economic penalty as a result of their LGB identities. Owing to the fact that their relationships are not legally recognized for the purpose of applying for public housing as families, they are subjected to a longer waiting time of 12 years, during which they have to pay an extra HKD233,539 for private rental accommodation, when compared to their heterosexual counterparts. This report estimates that at least 2,772 LGB persons are adversely affected by the current policy. It is important to note that such a discriminatory policy does not only deny non-heterosexual couples’ equal access to housing benefits but is also detrimental to economical and effective distribution of subsidized housing, adversely affecting the Hong Kong public in general and public residential housing applicants in particular. To download the full report by Elizabeth Lui, click here.

Monday, August 20, 2018

Scott Veitch on Duty Free (new book chapter)

in Daniel Matthews & Scott Veitch (eds), Law, Obligation, Community (Routledge, June 2018), Chapter 5
Introduction: The Panama Papers exposé went some way to revealing the mechanisms and magnitude of global asset distribution as a way of circumventing state accountability techniques (Obermayer & Obermaier 2016). Two things stand out about this: one is the exposure to publicity of that which had hitherto been secret, and the other, that despite such secrecy much of what was exposed was legal. In the following, I attempt to understand the interplay of legal concepts and practices that make people, assets and obligations disappear from the radar of state and public accountability. I argue that the work of obligations and regulation is, ironically, key to this. I then consider how this ‘duty free’ scenario reveals the asymmetrical treatment of property rights and social rights, the conceptual labour that underpins this and some implications with respect to austerity and free riders.

Tuesday, December 20, 2016

The Right to Social Welfare and Hong Kong's Retirement Protection Reform (HKLJ)

Karen Kong
Hong Kong Law Journal
Dec 2016, Vol. 46, Part 3, pp 779-791
Abstract: This article discusses the proposals for retirement protection reform in the public consultation conducted by the Commission on Poverty. It analyses the relevant human rights obligations of the government under the Basic Law and the International Covenant on Economic, Social and Cultural Rights, including the protection of the right to social welfare and the right to an adequate standard of living. It argues that there is a minimum essential level of retirement protection that the government must provide to the elderly in poverty in order to satisfy the human rights obligations, and calls for a more comprehensive human rights impact assessment to be conducted before the implementation of the reform.

Tuesday, December 6, 2016

Puja Kapai in the News (SCMP)

R Blundy & C Leung
South China Morning Post
19 November 2016
Lifelong Hongkonger Prem Chandr Tamang was shocked to watch television footage of police firing shots at a Nepali gang attacking another Nepali in Yau Ma Tei on October 2 this year.
     The 44-year-old Nepali company director, whose engineering construction business is based just two blocks away from where the machete attack took place, has also been a victim of Nepali gangs in the last two years.
     On one occasion, they broke into his office, demanded he hand over HK$100,000 and slashed his neck – an injury that left him struggling to eat for 14 months. In a separate terrifying attack in March this year, they cornered him at home, hitting him across the head as he tried to protect his one-year-old son...
     Puja Kapai, director of the Centre for Comparative and Public Law at the University of Hong Kong, said the neglect of Nepalis and Pakistanis needed to be urgently addressed by the government.
     “It is very sad,” she said. “Young men and women are being recruited into these gangs because they are being exploited by the sense of loss within their community. They are being lost to the other side.”.. Click here to read the full article.

Rachel Blundy
South China Morning Post
19 November 2016
A recent ban on cleaning high-rise windows is not sufficient to protect Hong Kong’s domestic workers from exploitation, campaigners argue after a shocking photograph recently emerged of a helper cleaning a window at a 15th-floor apartment in the Mid-Levels.
     The government this week revealed details of a new clause to be added to all domestic helper employment contracts, prohibiting them from cleaning external windows above the ground floor unless the window is fitted with a secure grille.
     The ban, proposed by the Philippines Consulate, was initially delayed for one month to allow Hong Kong lawmakers more time to establish the specific wording of the new clause...
     Puja Kapai, director of the Centre for Comparative and Public Law at the University of Hong Kong, agreed that the ban did not properly address the lack of restrictions on a domestic helper’s duties and working hours. “It is a band-aid approach,” she said... Click here to read the full article.

L Chan & S Cheah
South China Morning Post
19 November 2016
Thapa was only 16 when he first started abusing ‘brown sugar’ - an adulterated form of heroin - in Nepal.
     He came to Hong Kong in 2004 to reunite with family, but pressured by peers and feeling disenfranchised by his experience as a member of an ethnic minority in the city, Thapa turned to heroin. He was only 18.
     “Before, I had no meaning to my life,” he said. Thapa’s story is not unique in the Nepalese community. Drug abuse among ethnic minorities in the city has been on the rise since 2005.
     Statistics show drug use has risen from 1.4 per cent to 3.6 per cent in the Nepalese community, compared to a rise from 0.4 per cent for other South Asians to 2.6 per cent in this year’s first quarter...
     The South Asian population is predominantly Buddhist, Hindu
or Muslim; yet nearly all of the city’s rehab services are Christian-based.
     This means religion is a “first-stage barrier” that ethnic minorities face when seeking treatment, according to Puja Kapai, law professor at Hong Kong University, who has published extensive research on the status of ethnic minorities in Hong Kong... Click here to read the full article.

Rachel Blundy
South China Morning Post
22 November 2016
Ethnic minorities in Hong Kong are increasingly developing preventable chronic health problems but face significant barriers to accessing health care, a charity has warned.
      South Asians in particular are facing rising levels of diabetes, obesity and heart conditions, partly because of their traditionally high-fat diets, according to Health in Action.
      The humanitarian organisation will receive almost HK$930,000 from Operation Santa Claus, the annual fundraiser organised by the South China Morning Post and RTHK, for a new health care programme targeted at ethnic minorities...
     The government has previously been criticised for failing to support ethnic minorities seeking health care.
      Writing in her 2015 research paper Status of Ethnic Minorities in Hong Kong 1997-2014, Puja Kapai, director of the Centre for Comparative and Public Law at the University of Kong Kong, said the “language barrier” was the primary hurdle faced by ethnic minorities.
      “Whilst the population of ethnic minorities continues to grow in Hong Kong, the government has paid insufficient attention to the problems faced by ethnic minorities in terms of equal accessibility to health care services,” she wrote... Click here to read the full article.

Saturday, December 12, 2015

Regulating Working Hours in Hong Kong and Consistency with the ICESCR (CLWR)

"A matter of human rights, not grace or discretion: regulating working time in Hong Kong"
Kai Yeung Wong (SJD candidate)
Common Law World Review
Dec 2015, vol. 44(4), pp 262-275
Abstract: This article argues that China (on behalf of Hong Kong in the international arena) has been placed in breach of its obligations under the ICESCR for failing to protect employees from abuse and ensure that they work in just and favourable conditions which are reasonable in terms of working hours. Drawing upon treaties and jurisprudential materials emerging from the international and European organs whose task is to uphold socio-economic rights, the author delineates the content of the ‘minimum core obligations’ entailed by Article 7(d) of the ICESCR and the manner in which they have to be domestically implemented. The author then endeavours to underline the essential features a scheme regulating working hours in Hong Kong must include if it is to operate consistently with the ICESCR.

Monday, October 12, 2015

New Volume of Asia-Pacific Journal on Human Rights and the Law Published (2015)



Editors-in-Chief: Simon NM Young and Kelley Loper
Publisher: Brill, Leiden

Special Section on Lao People’s Democratic Republic
Introduction
Rhona K. M. Smith 1-7

Women’s Rights in Intellectual Property and Traditional Knowledge Protection in Lao PDR
Champathong Phochanthilath 9-25

The Right of Children in Accessing Primary Education: Vientiane Province Case Study
Khonsavanh Vongvannasay, Khamphang Vongphachanh, and Vilay Langkavong 26-41        

The Right to Access a Lawyer in Laotian Criminal Law
Bounmy Ladsamyxay 42-54

Articles
Investment Promotion as Progressive Realization of Economic and Social Rights
Johanna Aleria P. Lorenzo 55-103

The Politics of Domestic Implementation of International Human Rights Law: A Case Study of Sri Lanka
Deepika Udagama 104-149

Equality and Singapore’s First Constitutional Challenges to the Criminalization of Male Homosexual Conduct
Jack Tsen-Ta Lee 150-185

Click here for more information information about the APJHRL and for instructions on article submission.