Constitutional Rights and Social Exclusion in Nepal

International Journal on Minority and Group Rights, Vol. 18, pp. 387–411, 2011

26 Pages Posted: 6 Mar 2012

See all articles by Malcolm Langford

Malcolm Langford

University of Oslo, Faculty of Law, Department of Public and International Law

Ananda Bhattarai

affiliation not provided to SSRN

Date Written: March 6, 2012

Abstract

In Nepal, poverty is highly correlated with an individual’s ethnicity, caste, language, religion or membership in an indigenous group. In the drafting of the new Constitution, many have called for inclusion of socio-economic and affirmative action rights in order to address social inequalities. After this socio-political background is set out in the introduction, Section 2 provides a comparative and international analysis of the debates, trends and jurisprudence concerning the constitutional inclusion of equality and socio-economic rights. Section 3 examines the constitutional history of Nepal on this topic with a particular focus on the jurisprudence of the Supreme Court and Section 4 assesses the consequences of this experience for the constitutional drafting process. Section 5 analyses the current draft bill of rights and provides some thoughts on the possible future directions for the constitutional drafting and jurisprudential responses.

Keywords: Nepal, constitution, socio-economic rights, equality, justiciability

Suggested Citation

Langford, Malcolm and Bhattarai, Ananda, Constitutional Rights and Social Exclusion in Nepal (March 6, 2012). International Journal on Minority and Group Rights, Vol. 18, pp. 387–411, 2011. Available at SSRN: https://ssrn.com/abstract=2016818

Malcolm Langford (Contact Author)

University of Oslo, Faculty of Law, Department of Public and International Law ( email )

P.O. Box 6706 St. Olavs plass
N-0130 Oslo
Norway

Ananda Bhattarai

affiliation not provided to SSRN

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