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Into the New World: A Case for A Right to Financial Inclusion

Tann, Boravuth LU (2024) JAMM07 20241
Department of Law
Faculty of Law
Abstract
This thesis presents a case for the establishment of a human right to financial inclusion under the human rights framework, as well as argues for states to legitimize the right through legal protection in the form of a legislation in order to effectively guarantee the significant benefits of the right for everyone. The rationale for this research is that, despite its immense contribution in human rights protection (in terms of equality and interdependency) and its importance in today’s era for both the people and the state, there has rarely ever been any discussion from human rights perspective on financial inclusion and on the pledge for the creation of an effective protection of financial inclusion’s legal status.

First, after giving... (More)
This thesis presents a case for the establishment of a human right to financial inclusion under the human rights framework, as well as argues for states to legitimize the right through legal protection in the form of a legislation in order to effectively guarantee the significant benefits of the right for everyone. The rationale for this research is that, despite its immense contribution in human rights protection (in terms of equality and interdependency) and its importance in today’s era for both the people and the state, there has rarely ever been any discussion from human rights perspective on financial inclusion and on the pledge for the creation of an effective protection of financial inclusion’s legal status.

First, after giving the definition of financial inclusion following the examination of international organizations’ works and academic literatures, the thesis presents the legal basis on the justification of the existence of the legal status of financial inclusion, upon the inspection of international human rights laws instruments.

Afterward, the thesis argues that the implementation of financial inclusion as a right is a win-win situation for both the state and the people. For states, financial inclusion contributes remarkably to the performance of SDGs obligations, the provision of modernized public goods, and the stability and development of national society and economy. And for the people, financial inclusion substantially enables them to exercise and enjoy other human rights, including economic, social, civil and political rights, through its interdependency on the fulfillment of such rights. On top of this, it gives ways for improvement of equality by leveling the playing field between different segments of the population.

Additionally, upon this presentation of the significance of the right to financial inclusion in the betterment of people’s lives, through the theory of modern interventionism, the thesis articulates the importance of the formulation of a legislation on the right to financial inclusion that can effectively benefit everyone, by highlighting a variety of factors that the lawmakers need to consider for the drafting of the law.

Finally, the thesis exhibits that there is more than sufficient evidence supporting the case for the legitimization of the right to financial inclusion, from legal, moral, and rational perspectives, due to its immense contribution to the betterment of both the people’s enjoyment of human rights and the state’s development. It also raises that it is very critical for states to implement the right to financial inclusion in their domestic legislation in a manner that can effectively benefit everyone, regardless of their differences. (Less)
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author
Tann, Boravuth LU
supervisor
organization
course
JAMM07 20241
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Human rights, financial inclusion, equality, non-discrimination, ESC right, financial services, legislation, gender
language
English
id
9164309
date added to LUP
2024-06-25 11:22:59
date last changed
2024-06-25 11:22:59
@misc{9164309,
  abstract     = {{This thesis presents a case for the establishment of a human right to financial inclusion under the human rights framework, as well as argues for states to legitimize the right through legal protection in the form of a legislation in order to effectively guarantee the significant benefits of the right for everyone. The rationale for this research is that, despite its immense contribution in human rights protection (in terms of equality and interdependency) and its importance in today’s era for both the people and the state, there has rarely ever been any discussion from human rights perspective on financial inclusion and on the pledge for the creation of an effective protection of financial inclusion’s legal status.

First, after giving the definition of financial inclusion following the examination of international organizations’ works and academic literatures, the thesis presents the legal basis on the justification of the existence of the legal status of financial inclusion, upon the inspection of international human rights laws instruments.

Afterward, the thesis argues that the implementation of financial inclusion as a right is a win-win situation for both the state and the people. For states, financial inclusion contributes remarkably to the performance of SDGs obligations, the provision of modernized public goods, and the stability and development of national society and economy. And for the people, financial inclusion substantially enables them to exercise and enjoy other human rights, including economic, social, civil and political rights, through its interdependency on the fulfillment of such rights. On top of this, it gives ways for improvement of equality by leveling the playing field between different segments of the population.

Additionally, upon this presentation of the significance of the right to financial inclusion in the betterment of people’s lives, through the theory of modern interventionism, the thesis articulates the importance of the formulation of a legislation on the right to financial inclusion that can effectively benefit everyone, by highlighting a variety of factors that the lawmakers need to consider for the drafting of the law.

Finally, the thesis exhibits that there is more than sufficient evidence supporting the case for the legitimization of the right to financial inclusion, from legal, moral, and rational perspectives, due to its immense contribution to the betterment of both the people’s enjoyment of human rights and the state’s development. It also raises that it is very critical for states to implement the right to financial inclusion in their domestic legislation in a manner that can effectively benefit everyone, regardless of their differences.}},
  author       = {{Tann, Boravuth}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Into the New World: A Case for A Right to Financial Inclusion}},
  year         = {{2024}},
}