Sep 2026· Veredas do Direito· Vol 23, pp. e238073· 0 citations
Abstract
This article examines the relationship between law and poverty in three African urban contexts: Nairobi, Lagos, and Johannesburg. The central theme concerns the criminalisation of survival strategies adopted by homeless persons and informal street traders. The objective is to analyse how legal frameworks, municipal by-laws, and police practices converge to penalise poverty despite constitutional guarantees of dignity and equality. The methodology adopts a qualitative, multi-jurisdictional case study design. Data were collected through doctrinal analysis of statutes, municipal by-laws, and judicial decisions from Kenya, Nigeria, and South Africa, complemented by 42 semi-structured interviews with street traders, homeless individuals, police officers, and legal advocates. The results reveal a consistent pattern of punitive governance. Colonial-era vagrancy laws are actively revived and repurposed. Municipal by-laws grant broad discretion to enforcement officers, creating legal grey zones where harassment and extortion thrive. Judicial interpretation frequently defers to executive notions of public order, limiting the protective reach of constitutional rights. The conclusion argues for a rights-based approach to urban governance. The criminalisation of poverty represents a fundamental failure of constitutionalism and undermines the project of building just and equal societies. The study contributes a novel analytical framework, the jurisprudence of precarity, to illuminate the legal logics that perpetuate urban marginalisation.
The decriminalisation of consensual same-sex conduct in Navtej Singh Johar v. Union of India (2018) removed the primary formal instrument through which police targeted sexual minorities in India. What it did not remove was the institutional architecture that had enabled that targeting for over a century and a half. Thi...
Shambhavi Upadhyay, R. Bhati· International Journal of Law...· 0 citations
Victim protection and access to justice in Nigeria remain difficult to secure in practice, despite constitutional guarantees and a series of legal reforms. This paper examines how state institutions, namely the Police, the Courts, the National Human Rights Commission (NHRC), the National Agency for the Prohibition of T...
Olubisi Albert Adetunji, Oluwatobi Bewaji Adetunji, D. Adetunji· Journal of Social Science an...· 0 citations
Crime against women continues to be a major issue with regard to the law and institutions in urban India even with the availability of a wide range of constitutional and legislative safeguards to women. This research seeks to understand the protection afforded to women by law and the issues within institutions that hav...
Shivangi Senthiya, Dr. Tai Chourasiya· International Journal of Res...· 0 citations
Violence against women continues to challenge local governance even where formal protection policies exist. This study examines why legal and policy commitments do not automatically translate into substantive protection for women, using Tasikmalaya City, West Java, Indonesia, as an explanatory qualitative case. The art...
F. Yuliawati, Endang Larasati, Dyah Lituhayu et al.· Aposta: Revista de Ciencias...· 0 citations
This article examines why gender-based and honor-related violence persists in African contexts despite the presence of formal legal protections, through a comparative analysis of Nigeria and Uganda. Drawing on network theory, legal pluralism, and gender scholarship, the study advances the analytical distinction between...
S. Gabbay· International Journal of Law...· 0 citations
Environmental criminal law enforcement in Indonesia continues to rely on a retributive paradigm centred on custodial punishment and monetary fines, an approach that frequently fails to repair the ecological damage it is meant to redress. This article addresses that gap by formulating a reconstruction of environmental c...
Herlyanty Y. A. Bawole, G. Y. Bawole, Steve Michael Massie· Ius Poenale· 0 citations
We use cookies to run the site and, with your consent, for analytics and to show ads.
See our Cookie Policy.