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CAPÍTULO I – CONSTITUCIONALISMO Y LA TEORÍA DEL DERECHO

1.3 NEOCONSTITUCIONALISMO Y TEORÍA DEL DERECHO

1.3.1 Concepto de neoconstitucionalismo

1.3.1.3. f Interpretación conforme la ley

Demographic characteristics: The ‘Always Poor’

Average household size in this category varies between 7.0 in Siriha and 8.8 persons in Mayo. Overall, Mayo neighbourhood has the largest households across all the well- being categories, while Siriha neighbourhood has the smallest household size, followed by Dar es Salam. Large household size is often due to the large number of children. Another important contributor to this is the old-age security hypothesis that prevails among most ethnic groups and is based on the assumption that children provide some form of insurance against risk when their parents are old. In the absence of any extra- familial support or private or state institutions, dependence on one’s children for finan- cial assistance and/or personal care become critical for the sick and the elderly. Large household size is also attributed to the tradition of polygamy which is practised by both Muslims and Christians and among most ethnic groups. The ‘Always Poor’ households form the majority of households with polygamous arrangements, with Fur husbands having two to three wives and Dinka men between two and seven wives. The depend- ency ratio is the highest among the ‘Always Poor’ and households in this category are mainly made up of members under the age of sixteen (see Chart 8:1). This age group represents the largest group in Al Baraka where 62% of the people in the ‘Always Poor’ category are under sixteen years of age. It follows then that the ‘Always Poor’ in Al Baraka has the smallest number of adult members in the 16 to 64 age group and also the largest number of children below the age of six. In general, across the ‘Always Poor’ households in the four neighbourhoods, the proportion of children in the under-sixteen group is much higher than other age groups.

‘Always Poor’ households are less likely to co-reside with elderly members compared to the other categories in the same neighbourhood. The ‘Always Poor’ from the bigger ethnic groups usually account for large household size. For example, the average household size for the Fur ethnic group in Al Baraka is 9.6 and for the Shuluk in Mayo it is 9.2. Ethnic groups of Arab origin, like the Jumwamaa, appear to have relatively smaller households with an average size of 6.2 among the Jumwamaa and 5.7 among the Danagla. The ratio of male to female is the lowest for the ‘Always Poor’ in all neighbourhoods and particularly in Al Baraka where the male/female ratio is 45% and the highest in Siriha is 49%. Among the ‘Always Poor’ households there are appar- ent shifts away from the male-headed structure of the household, either due to increased economic pressure or for reasons related to war. Around 50% of the ‘Always Poor’ households in Mayo and Al Baraka are headed by females. In Siriha and Dar es Salam this stands at 37% and 27% respectively. In these households, women have become the involuntary head due to death, divorce or the departure of the spouse, or because the wife herself fled an abusive relationship. Family abandonment and widowhood are most common in Al Baraka due to the concentration of many Darfurian groups who have fled the turmoil in their region. Males were either conscripted in the different factions of the conflicts, killed or have sought separate livelihoods elsewhere. Divorce rates are highest

in Siriha, followed by Dar es Salam. Divorce is high among Arabized communities, while family abandonment is high in the Africanized communities. The majority of the chronically ill and disabled are to be found among the ‘Always Poor’.

Chart 8:1

Distribution of ' Always Poor' household members according to age group 0% 10% 20% 30% 40% 50% 60% 70%

Siriha Dar S Mayo Baraka

Age groups across neighbourhoods

% Age Groups below 5 5 to 15 adults between 16 to 64 people above 65 c

Source: Fieldwork research

The majority of the ‘Always Poor’ are from the Africanized communities, -except in Dar es Salam, compared to households from the other categories in the same neighbour- hood. Although the ‘Always Poor’ households are predominantly Muslims, except in Mayo, they have the highest concentration of non-Muslims compared to other catego- ries.

Demographic characteristics: The ‘Sometimes Poor’

Average household size in this category is smaller than the ‘Always Poor’for the same

neighbourhood, except in Dar es Salam where the ‘Sometimes Poor’ households are relatively bigger. As for the ‘Always Poor’, more than 40% of household members of the ‘Sometimes Poor’ are under 16 years of age (see Chart 8:2). The proportion of adult members in the 16 to 64 age group is higher than their peers in the ‘Always Poor’ households. The male/female ratio remains the same as the ‘Always Poor’ except in Al Baraka where it increases to 47%. Incidences of divorce, family abandonment and widowhood are lower compared to the ‘Always Poor’ and there are fewer households headed by women. In Siriha and Dar es Salam, the majority of the ‘Sometimes Poor’ households are Muslims, while in Al Baraka and Mayo the majority of the ‘Sometimes

Poor’ are non-Muslims. Ethnically, the ‘Sometimes Poor’ households are mainly

Chart 8:2

Distribution of 'Sometimes Poor' household members according to age group

0% 10% 20% 30% 40% 50% 60% 70%

Siriha Dar S Mayo Baraka

Age groups across neighbourhoods

%Ag e gr ou p s below 5 5 to 15 adults between 16 to 64 people above 65

Source: Fieldwork research

Demographic characteristics: The ‘Medium Poor’

The average household size in this group is relatively smaller than the previous two. Unlike the ‘Sometimes Poor’ and ‘Always Poor’ the proportion of adult members (16 to 64) is higher than the proportion of young members (see Chart 8:3) except in Al Baraka. The proportion of female-headed households is much smaller than among the ‘Some-

times Poor’ and ‘Always Poor’ groups. Like the ‘Non-Poor’, household heads in the

‘Medium Poor’ category are more likely to be relatively older compared to those in the

other two categories. The few female-headed household heads in this category are

elderly widowed women with no dependents; they are the main income earner and often own their house. The ratio of male to female is almost balanced within this category for all neighbourhoods. The majority of households in the ‘Medium Poor’ category are Muslim and belong to the Arabized ethnic group, except in Mayo where the majority are Christians and descendants of Africanized groups.

Demographic characteristics: The ‘Non-Poor’

Non-Poor households have the smallest number of household members in all the

neighbourhoods, ranging from 5.8 persons in Dar es Salam to 7.2 for Mayo. The dependency ratio is the lowest across all the neighbourhoods and categories. This is reflected in the relatively smaller percentage of people under the age of 16 (see Chart 8:4). The adult population in the 16 to 64 age category is the highest. For example, 65% of household members in Siriha and 49% of those in Mayo belong to this group. The female/male ratio is similar to the ‘Medium Poor’ category. None of the ‘Non-Poor’ household is headed by a woman except in Al Baraka where 10% of households have a female head. The majority of the ‘Non-Poor’ households belong to Arabized ethnic groups. In Siriha and Dar es Salam, all the ‘Non-Poor’ households belong to the Arabized and Muslim group. Only 30% of the ‘Non-Poor’ in Mayo and 10% of their peers in Al Baraka belong to Africanized groups.

Chart 8:3

Distribution of 'Medium Poor' household members according to age group 0% 10% 20% 30% 40% 50% 60% 70%

Siriha Dar S Mayo Baraka

Age groups across neighbourhoods

% Age gr

oups below 5

5 to 15

adults between 16 to 64 people above 65

Source: Fieldwork research

Chart 8:4

Distribution of 'Non Poor' household members according to age group 0% 10% 20% 30% 40% 50% 60% 70%

Siriha Dar S Mayo Baraka

Age groups across neighbourhoods

% Age Gr

oups below 5

5 to 15

adults between 16 to 64 people above 65

Source: Fieldwork research

In summary, people’s classifications overall reflected strong linkages between poverty and the composition of households in terms of gender, ethnicity and age. The ‘Always Poor’ are mainly made up of households from the minority ethnic groups, headed by women and having a lot of young members. The ‘Non-Poor’ are mainly made up of households that belong to the dominant ethnic groups, headed by males, and with fewer dependent members.

Health

Ill health characterizes the majority of the sample households, particularly those in the ‘Always Poor’ category. There are variations, however; between people’s health problems and the way they seek medical help or otherwise. These differences are based

demonstrated clear evidence of greater levels of ill health; while those in the Non-Poor are relatively healthier (see Charts 8:5 & 8:6).

Chart 8:5

Percentage of households with one or more members with recurring malaria 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% AP SP M NP Poverty categories % Ho us eho lds wit h re c ur ri ng ma la ria Siriha Dar S Mayo Baraka

Source: Fieldwork research

Chart 8:6

Percentage of households with one or more members with chronic illness or disability

0% 5% 10% 15% 20% 25% 30% 35% AP SP M NP Poverty categories %H ouseho lds w ith ch roni c il ln esses Siriha Dar S Mayo Baraka

Source: Fieldwork research

Malaria is the major illness among the majority of people in the different well-being categories and in different age groups within the four neighbourhoods. The high levels of malaria are due to the neighbourhoods’ disturbed and poorly managed environments. Swarms of malaria-carrying mosquitoes breed freely all year round in the numerous untreated small pools of rainwater and in the open-pit latrines, causing high levels of malaria, especially among children and pregnant women. Mayo and Al Baraka have the highest percentages of households with at least one member with recurring malaria due to their specific locations. Mayo is next to the municipal sewage dump, while Al Baraka

is adjacent to agricultural fields. The prevalence of malaria is thus due to a lack of governmental concern about people’s health, and the lack of a public health programme focusing on citizens’ needs. Furthermore, the exorbitant price of malaria drugs puts them beyond the reach of the ‘Always Poor’ and ‘Sometimes Poor’ households that are then less able to cope with malaria and, due to illness, struggle to earn an income. A typical bout of malaria usually lasts between one and three weeks during which time the patient suffers recurring high fever with chills, headache, back pain, sweating, weak- ness, nausea and anaemia. Malaria patients become extremely frail and completely dependent on other household members for days afterwards. Malaria attacks are worse during the rainy season when the ‘Always Poor’ and ‘Sometimes Poor’households are at their lowest point financially due to reduced job opportunities in this season. Malaria thus exposes ‘Always Poor’ and ‘Sometimes Poor’ households’ vulnerability, particu- larly if the patient is the sole or main breadwinner

‘Always Poor’ and ‘Sometimes Poor’ households have the highest percentage of members with physical disabilities and people with a stigmatizing disease like leprosy. Member with such health limitations are more prone to being discriminated against, even within their households, and are more likely to be neglected and malnourished. They are often not considered part of a community’s social life; cannot go to school and cannot work or earn a living. These issues combine to cut them off from the rest of society and make them fell unwanted. At the same time, the inaccessibility of health care leaves them with no support, which exposes them to more difficulties and further health problems. Variations in health conditions are more apparent in older age among the ‘Always Poor’ and ‘Sometimes Poor’ households. Although people may be cared for by their families in older age, they become more vulnerable when they get sick, particularly with an incapacitating illness that make them dependent on others for their survival. Depression is very common among the elderly who are suffering from long- term illness. Men and women from the different well-being categories expressed their fears about living too long, suffering pain and causing their caregivers trouble.

Women among the ‘Always Poor’ and ‘Sometimes Poor’ households face greater health risks due to the types of livelihood activities they undertake. For example in 23% of ‘Always Poor’ households there was at least one woman who had severe sight damage or a lung disorder due to long-term smoke inhalation while cooking over a biomass fire or kerosene. Among them are those whose livelihood activities have forced them to be in constant contact with smoke while cooking.

Fad-lu (AP) is 49 and a widow from Siriha. For the past 13 years she made and sold

kisra (traditional bread,) for restaurants. She started to experience a burning sensation in

her eyes some years ago and used traditional medication. However when her problem became exacerbated she saw a doctor who advised her to avoid smoke and heat. She couldn’t afford to do so and continued her work with increased pain and difficulty. Over the past three years her problem became more complex and she started to lose her eyesight. Fad-lu can no longer work or even see her way around the house but at the same time she cannot seek help because she cannot afford it (LH36-S).

Women from ‘Always Poor’ and ‘Sometimes Poor’households suffer health compli- cation as a result of their hard physical labour. Women who carry heavy head loads to markets or to the main city as part of their livelihood activities indicated that they suffer problems such as back pain and chronic headache. Childbirth for women in ‘Always Poor’ households mostly take place at home and with no professional help whatsoever, except maybe for a local midwife if the household budget allows it. Childbirth for

females from ‘Non-Poor’ households usually takes place at hospital. From the entire sample, almost all the young girls from Arabized ethnic groups and some Africanized ethnic groups had either undergone genital mutilation or were waiting for it to happen some time in the near future.

In summary, ill health is closely connected to the poorly managed environment, with significant variation between neighbourhoods. It is also related to the type of livelihood activities undertaken and the gender and age of household members. Disease, particu- larly malaria, impacts heavily on the ‘Always Poor’ and ‘Sometimes Poor’ households’ livelihood options due to their inability to access health care. Ill health also impairs poorer people’s physical capacity to undertake sustainable livelihood activities.

Education

The inability to read and write is widespread among members of ‘Always Poor’ and ‘Sometimes Poor’ households. Among the ‘Always Poor’ group, illiteracy rates among those over the age of 29 is very high, ranging between 76 percent in Dar es Salam to 90% in Mayo (see Chart 8:7). This is because most people never attended school and have never had access to an adult literacy programme. Illiteracy is much higher among women than men: 90% of females from the ‘Always Poor’ group had never been to school in comparison with 78% of the men. On the other hand, except for Siriha, all ‘Medium Poor’ and ‘Non-Poor’ household heads had a primary-school education or higher. In contrast, only 10% to 24% of household heads from ‘Always Poor’ house- holds had completed primary school.

Chart 8:7

Percentage of households with illiterate heads

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% AP SP MP NP Poverty categories %Hous e h olds wi th i lli te ra te he ads Siriha Dar S Mayo Baraka

Source: Fieldwork research

Among all the poverty categories, children between six and fifteen had the highest enrolment rate in primary-school education compared to older children (15+). However there are also variations among different categories and between different neighbour- hoods. Children from ‘Medium Poor’ and ‘Non-Poor’households have the highest rates of primary-school attendance. For example, all children aged between six and fifteen from ‘Non-Poor’ and ‘Medium Poor’ households in all the neighbourhoods were enrolled in school but among the ‘Always Poor’ households in Mayo 40 % of the

children of that age and around 20% of their peers in Siriha were not enrolled in educa- tion. This is attributed to the high cost of education, which forces the ‘Always Poor’and

Sometimes Poor’ households to withdraw their children from school. This will be discussed in detail in the next chapter. In addition, ‘Always Poor’ andSometimes Poor’ households with s small number of adult labourers tend to send their children to work rather than to school, compared to households with more adult labourers. This is also apparent among female-headed households, such as those in the ‘Always Poor’ and ‘Sometimes Poor’ categories.

The proportion of female children and male children attending school in the 6-15 age group also varies between the different well-being categories and neighbourhoods. Following the classic pattern, girls’ enrolment is overall much lower than that of boys across all the well-being categories and neighbourhoods. Among the ‘Always Poor’ and ‘Sometimes Poor’ households large numbers of children, particularly girls, are still never enrolled in school. For example, among the ‘AlwaysPoor’ households of Mayo, the percentage of boys enrolled in primary school is almost twice as high as the number of girls. It is only in Al Baraka that girls’ enrolment in primary education is almost similar to that of boys. School access has been a principal constraint on girls’ education among ‘Always Poor’ and ‘Sometimes Poor’households. Parents cite school fees as the most important reason for non-enrolment among both boys and girls. Variations in school enrolment were also related to household characteristics (including demographic shocks), school characteristics (including the availability of public and NGO-run schools, costs and distance) as well as cultural constraints. Since the ‘Always Poor’ and ‘Sometimes Poor’ households are the ones more prone to these shocks and lack the ability to respond to them, (see Chapter 10), only in exceptional cases have their children made it to secondary school and/or university, but then they were either sup- ported by an NGO or the church.

Enrolment in education varies between those who attend a full school year without