Business Rights; Human Rights Law; Access to Financial Services; Philosophy of Human Rights; Legal Empowerment of the Poor; Entrepreneurial Rights
Cheneval Francis (2019), Entrepreneurial Rights are Basic Rights, in Queralt Jahel, Van der Vossen Bas (ed.), Routledge, Abingdon, 114-132.
Cheneval Francis (2018), Property Rights of Personal Data and the Financing of Pensions, in Critical Review of International Social and Political Philosophy
Fu Jonathan, Queralt Jahel, Romano Michele (2017), Financial Inclusion and the 2030 Agenda for Sustainable Development: A Missed Opportunity, in Enterprise, Development and Microfinance
, 28(3), 200-211.
Queralt Jahel (2016), A Human Right to Financial Inclusion, in Gaisbauer Gotfried (ed.), Springer, Amsterdam, 77-92.
Queralt Jahel, Are Economic Liberties Basic Rights?, in Schmidtz David, Van der Vossen Bas, Brennan Jason (ed.), Routledge, Abingdon.
Van der Vossen Bas, Queralt Jahel (ed.), Economic Liberties and Human Rights
, Routledge, Abingdon.
This is an interdisciplinary research project by the University of Zurich Competence Centre for Human Rights (UZHR). The project is also supported by the University of Zurich Ethics Centre. It brings together the fields of law, philosophy and economics to investigate the concept of Entrepreneurial Rights (ER; also called business rights or rights to livelihood and entrepreneurship by the UNDP) and to assess the instrumental value of these rights for poverty alleviation in specific contexts. ER are a bundle of rights of individuals to engage in economic activity and include freedoms and opportunities that allow entrepreneurs to contract, make deals, issue shares or bonds to raise investment capital, separate business assets from personal assets and form management hierarchies. BR are not novel. They exist in many legal systems and have been extensively studied as part of private law. What is innovative is the perspective that investigates these rights as fundamental in a way that makes it appropriate to consider them human rights having a significant value for poverty alleviation. The project looks at ER from the perspective of different disciplines that support each other in offering a complete analysis of these rights. There are four goals that together form the purpose of the project as a whole. The first goal is to conceptualize the idea of an “adequate bundle of BR”. The second is to explore the moral and legal foundations of BR. The third is to uncover the existing relationship between ER and other basic rights and values that we believe to be important. Finally, the fourth goal is to specify the demands and responsibilities entailed by ER and identify strategies for meeting them.Many individuals that live in poverty have some resources and engage in entrepreneurial activity. The main problem for them is that their assets are not protected by law - for example, they often lack property rights over the land they possess - and cannot be leveraged in the market due to existing mechanisms of exclusion. Thus, they would benefit from institutional changes that make capital and markets accessible to them, grant protection for their assets and secure them decent working conditions.The UN set down guidelines such institutional reforms by sketching out a comprehensive strategy for alleviating poverty called "legal empowerment of the poor" (2009). This approach is a process of systemic change through which the poor and excluded become able to use the legal system and legal services to protect and advance their rights and interests as citizens and economic actors. The UN identifies BR as an essential aspect of the legal empowerment strategy. This project aims at taking the legal empowerment agenda further by focussing on BR as the most innovative and at the same time the most under-theorized element in the legal empowerment agenda.