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Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law School The Constitution of Kenya recognises socio-economic rights under Article 43. Among these rights is the right to proper health care for the mentally handicapped. The recognition of this right aims at protecting and improving the well-being of the mentally handicapped persons of Kenya who form part of the most vulnerable people in our society. This study discusses: the state and circumstances of health care for mentally handicapped persons in Kenya; whether the State is playing its role in ensuring that adequate health care is being provided and the rights accorded mentally handicapped people are being fulfilled; and whether the present and proposed laws regarding the mentally handicapped people in Kenya are appropriate, up to date and reflect standards set by international practice. This study also assesses the obligations placed on the State by the Constitution of Kenya, the judicial enforcement of the right to proper health care for the mentally handicapped and the challenges faced in the judicial enforcement of this right. Finally, the study makes several recommendations regarding ways in which the judiciary and the national and county governments of Kenya can help ensure the constitutional rights of the mentally handicapped people of Kenya are fully achieved and implemented.

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in Southern African Development Community (SADC). It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions: East Asia and the Pacific (EAP), Economic Community of West African States (ECOWAS), European Union (EU), Middle East and North Africa (MENA) and Organization for the Harmonization of Business Law in Africa (OHADA). The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business.This regional profile presents the Doing Business indicators for economies in The g7 . It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in European Union (EU). It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions: East Asia and the Pacific (EAP), Europe and Central Asia (ECA), Middle East and North Africa (MENA), Latin America and OECD High Income.. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in Arab World. It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions: Common Market for Eastern and Southern Africa (COMESA), East Asia and the Pacific (EAP), Europe and Central Asia (ECA), Latin America and OECD High Income.. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in OECD High Income. It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions: European Union (EU), East Asia and the Pacific (EAP), Europe and Central Asia (ECA), South Asia (SA) and Latin America.. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in Landlocked Economies. It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in Sub-Saharan Africa (SSA). It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in Common Market for Eastern and Southern Africa (COMESA). It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions: Europe and Central Asia (ECA), Economic Community of West African States (ECOWAS), Middle East and North Africa (MENA), Organization for the Harmonization of Business Law in Africa (OHADA) and OECD High Income.. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business.This regional profile presents the Doing Business indicators for economies in East Asia and the Pacific (EAP). It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions: Europe and Central Asia (ECA), European Union (EU), Latin America, South Asia (SA) and OECD High Income.. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in Europe and Central Asia (ECA). It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions: European Union (EU), Latin America, East Asia and the Pacific (EAP), Middle East and North Africa (MENA) and OECD High Income.. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in Small Island States. It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions: Caribbean States, Common Market for Eastern and Southern Africa (COMESA), East Asia and the Pacific (EAP), Latin America and Southern African Development Community (SADC).. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in Latin America and Caribbean (LAC). It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).

This economy profile for Doing Business 2016 presents the 11 Doing Business indicators for Ukraine. To allow for useful comparison, the profile also provides data for other selected economies (comparator economies) for each indicator. Doing Business 2016 is the 13th edition in a series of annual reports measuring the regulations that enhance business activity and those that constrain it. Economies are ranked on their ease of doing business; for 2015 Ukraine ranks 83. A high ease of doing business ranking means the regulatory environment is more conducive to the starting and operation of a local firm. Doing Business presents quantitative indicators on business regulations and the protection of property rights that can be compared across 189 economies from Afghanistan to Zimbabwe and over time. Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period from January to December 2014).

This paper investigates the effects of local financial development and quality of socioinstitutional environment on firmÕs productivity in Italy. We argue that social capital, judicial efficiency, and the presence of criminal organizations might impact the real economy through three channels: i) they have a direct impact through the creation of a business environment; ii) they have an indirect impact, as they are among the main determinants of private credit development and lending risk conditions; iii) they might act as constraints to the effects of financial development on the real economy through misallocation of credit to highly profitable investments. We study the Italian case, using firm level data for productivity and taking advantage of the variation in terms of banking sector development, judicial efficiency, and social capital among Italian provinces. After controlling for potential endogeneity, our empirical results confirm that the real effects of financial development are conditional on the quality of socioinstitutional environment. In particular, we find that i) a larger local banking market has higher positive effects on firm productivity when the socio-institutional environment is sufficiently developed; ii) an improvement of lending condition (reduction of lending rates) has higher effects when the socio-institutional environment is not developed. These evidences highlight that an improvement of socio-institutional environment might spur a virtuous cycle.

The framework for constitutional democracy in South Africa assigns to the courts a pivotal role in assuring effective protection and translation of the range of entrenched socio-economic rights into material entitlements. This has enabled the courts in some instances to exercise considerable authority that has significantly influenced policy to the extent that power relations between the judiciary and the political arms of government have been threatened. Proponents of the doctrine of the separation of powers have expressed concerns, claiming that the meddling of the courts in the domain of policy making is politically incorrect. Consequently, the judicial enforcement of socio-economic rights has increasingly suffered setbacks, which to a large extent have retarded the constitutional vision of social transformation. Thus, in spite of South Africa's acclaimed global leadership in the enforcement of socio-economic rights, little has actually been accomplished in terms of improving the livelihood for victims of socio-economic deprivation. Considering that the enforcement of socioeconomic rights is context-specific, I question the rationale for avoiding a 'jurisprudence of exasperation', which demonstrates greater potential to produce transformative outcomes than the preferred 'jurisprudence of accountability' which has shown little transformative effect. Just as the realisation of socio-economic rights through political strategies amounts to material entitlement, I argue that the result of positive adjudication should equally amount to entitlement to the same material things promised by the rights in question. I conclude with the suggestion that the judicial enforcement of socio-economic rights should be seen as a complementary strategy to the political objective of social transformation, rather than as an oppositional force to the proper functioning of government.

The law and related implementing regulations that constitute the regulatory framework affecting the capital markets in Indonesia are largely consistent with the International Organization of Securities Commissions (IOSCO) Objectives and Principles of Securities Regulation. Nevertheless this assessment finds that legislative reforms and other actions that are in the process of being implemented to clarify and expand the security regulator's authority and to cure certain self-acknowledged gaps should be accelerated. Further, the assessment concludes that attention must be paid to assure that implementation of the regulatory framework results in a system that reliably detects, deters, and sanctions securities violations and reliably identifies and prevents or mitigates prudential concerns. This may require legal reforms beyond those necessary to reform the specific capital markets law, as discussed more extensively by the separate legal assessor. How significant such further reform will be to enforcement effectiveness will depend in part on the manner in which regulatory enforcement powers and authorities are augmented and enhanced under the capital markets law revision. Capital markets operations are heavily dependent on legal certainty, and in particular reliable application of contract, company, insolvency, and other legal protections.

The chief purpose of this handbook is to provide government lawyers with a framework to evaluate the quality of a country's investment legislation (if it exists) and how the legislation relates to its investment policy and investment incentives. More specifically, it deals with creating new and reforming existing investment legislation in developing and transition economies in furtherance of the World Bank Group's (WBG's) mandate to promote private investment - domestic and foreign - in those economies. Handbook appendices contain drafting guidelines and checklist of issues that foreign direct investment (FDI) laws should include and that countries can use when drafting investment legislation. The report is structured as follows: chapter one defines key terms about investment law reform in an effort to clarify terminology and concepts and show how they are related. Chapter two examines how widespread investment codes are and explains their utility and limitations. Chapter three provides recommendations on the structure of investment legislation and the key provisions to be included such as definitions, investors' guarantees, incentives, framework for investment promotion, and transitional provisions. Chapter four discusses the fundamental issue of investor entry, in particular the conditions under which foreign investors can invest including sectoral restrictions, limitations on foreign ownership, authorization and screening, minimum investment, and performance requirements. Chapter five discusses key investor guarantees including fair and equitable treatment, national treatment, most-favored-nation (MFN) treatment, protection against expropriation, guaranteed convertibility and repatriation of profits, and settlement of disputes. Chapter six looks at the issue of investment incentives, (fiscal incentives in particular) and their effectiveness. Chapter seven summarizes key aspects of investment promotion to guide legal drafters, should policymakers want the investment code to set out the basic framework of investment promotion. Chapter eight presents the various phases of investment law reform projects, from the government's request for assistance with legislation to the delivery of a project plan. Chapter nine identifies some of the challenges in preparing an investment code and the support that governments may need until the law is promulgated. Chapter ten discusses the monitoring and evaluation (M and E) of investment law reforms, including the key indicators involved in a desk review and medium- and large-scale projects.

The topic of this bachelor thesis is the issue of procedure of social security insurance and allowance for state employment policy collection, procedure for debt recovery and securing of claims by all available legal means and evaluation of impacts on social situation of individuals. Social security insurance is, in addition to taxes, fees and custom duties, a revenue of state budget. It is based on the solidarity principle: young people help with their payments to the elderly, healthy people help ill people and people in a difficult life situation. The solidarity principle works reliably in all developed countries of the world. By collecting social security insurance, the State creates financial resources for implementation of fundamental social rights, which are guaranteed by international conventions and the Constitution of the Czech Republic, the Charter of Fundamental Rights and Freedoms. The main objective of this thesis is, based on interviews with payers of insurance premiums and document analysis, in the first part to make a survey of impact of recovery of claims in conducted execution proceedings into social situation of clients of District Social Security Administration Office in Strakonice and in the second part to determine to what extent the forced recovery of lawful duty has a share in deterioration of life situation of individuals. To achieve the defined goal I have chosen a method of document analysis, content analysis technique and secondary data analysis. As an additional method I used interviewing, the method of semi-structured interview. In order to obtain as much information about this topic as possible, I used qualitative research to collect primary data. The target group consisted of payers or former payers of insurance premiums who are also debtors of District Social Security Administration Office in Strakonice and whose insurance premium debt and penalty was recovered by administrative or judicial enforcement. Objective of the thesis has been achieved. Results of the research will raise awareness of the studied issues and may be used in practice during operation of executions in the district Social Security Administration offices.

In this paper, we conduct an empirical analysis of the impact of better judicial enforcement on the probability of being credit rationed, loan size, and the probability of bankruptcy using household-level data from the Japanese Panel Survey of Consumers, conducted by the Institute for Research on Household Economics, in conjunction with judicial data by court district on trial length and the ratio of the number of pending civil trials to the number of incoming civil trials. Contrary to the predictions of the existing theory, we find that better judicial enforcement increases the probability of being credit rationed and decreases loan size. Furthermore, we find that better judicial enforcement increases the probability of bankruptcy, a result that is consistent with lax screening effects.

Despite an abundance of cross-section, panel, and event studies, there is strikingly little convincing documentation of direct positive impacts of financial opening on the economic welfare levels or growth rates of developing countries. The econometric difficulties are similar to those that bedevil the literature on trade openness and growth, though if anything, they are more severe in the context of international finance. There is also little systematic evidence that financial opening raises welfare indirectly by promoting collateral reforms of economic institutions or policies. At the same time, opening the financial account does appear to raise the frequency and severity of economic crises. Nonetheless, developing countries continue to move in the direction of further financial openness. A plausible explanation is that financial development is a concomitant of successful economic growth, and a growing financial sector in an economy open to trade cannot long be insulated from cross?border financial flows. This survey discusses the policy framework in which financial globalization is most likely to prove beneficial for developing countries. The reforms developing countries need to carry out to make their economies safe for international asset trade are the same reforms they need to carry out to curtail the power of entrenched economic interests and liberate the economy's productive potential.