LAW5701 Law, Poverty and Development — Unit 3: Basic Rights of the Poor and Nepalese Legal Framework

Unit 3: Basic Rights of the Poor and Nepalese Legal Framework

3.1 Constitutional Provision, International Binding Instruments, Specific and General Statutes

The three-layer frame (the unit’s architecture): the Constitution’s guarantees (the verified catalogue) + the international instruments (the treaty-family) + the statutes (the specific-and-general (the implementation’s law)).

3.1.1 Right to Food

1. The constitutional (verified Art 36): the food right (the food sovereignty’s face (the 36’s components: the food (the availability); the sovereignty (the nation’s control)); the Art 42’s food-sovereignty-adjacent faces (the peasants’ land-and-seeds (the verified 42-face))).
2. The international: the ICESCR’s Art 11 (the adequate-living (the food’s core (the General Comment 12’s three-levels (the availability-access-and-stability))); the CRC’s-and-the-CEDAW’s food faces; the FAO’s faces (the voluntary-guidelines).
3. The statutes-and-policy: the Right to Food and Food Sovereignty Act 2075 (the Act’s machinery (the right’s justiciability-face (the responsibilities-and-the-food-council))); the agriculture’s statutes (the ASAC compacts); the food-security-policy line (the NPC’s plans).
4. The crisis-face: the hunger’s seasons (the Karnali’s cycles (the drought-and-the-winter-shortage (the state’s response-duty (the distribution’s failure-as-violation argument))).

3.1.2 Right to Housing

1. The constitutional (verified Art 37): the housing right (the no-eviction-or-encroachment except-by-law (the 37’s protection-core (the security-of-tenure face))).
2. The international: the ICESCR’s 11 (the housing-as-the-adequate-living’s element (the General Comment 4’s seven-elements (the security-the-services-the-affordability-the-habitability-the-accessibility-the-location-the-culture))); the forced-eviction’s prohibition (the CESCR’s General Comment 7).
3. The statutes: the land’s statutes (the Land Act 2021’s reform-lore (the ceilings-and-the-distribution history)); the Land Use Act 2076’s faces; the safe-housing’s earthquake-response (the NRA’s reconstruction (the 2015’s rebuild)); the urban-and-shelter policy (the housing-for-all line).
4. The landless face (the Nepal’s core):

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