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1
Wan, William Kok-Tang. „The impact of the Canadian Charter of Rights and Freedoms on religious freedom“. Thesis, University of Ottawa (Canada), 1989. http://hdl.handle.net/10393/5720.
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2
Lee, Yu-Jung. „Human rights in China : freedom of religion and freedom of movement compared“. Thesis, University of Essex, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.423447.
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3
Hellewell, Jamie Scott. „Political freedom : a defence of natural rights republicanism“. Thesis, University of British Columbia, 2014. http://hdl.handle.net/2429/51008.
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What is political freedom? Many, especially liberal, philosophers have followed Isaiah
Berlin in insisting we understand liberty as essentially about the absence of interference
in the life choices of individuals. However “neo-Roman republicans,” prominently
Quentin Skinner and Philip Pettit, have challenged Berlin’s view. They argue that
political freedom is better understood as the absence of domination, where “domination”
consists in being under another person’s power in the manner of a slave or a despot’s
subject. Such forms of power undermine freedom in virtue of being arbitrary -- i.e.
unaccountable to the interests of those subject to them. In consequence, neorepublicans
hold that freedom is realized through the democratic control of social life.
In this dissertation, I argue that neither of these alternatives is entirely
satisfactory. Berlin’s non-interference view captures a basic and compelling liberal
insight, namely that there ought to be limits on how far any community, democratic or
otherwise, can intrude upon the lives of individuals. Yet it neglects the way in which
arbitrary power can undermine freedom even in the absence of actual interferences,
leading Berlin to embrace the implausible conclusion that freedom is in principle
compatible with despotic rule. By contrast, the neo-republican view supports a more
plausible account of the relation between freedom and power, and thus between
freedom and democratic government. Yet, I argue, it is unable to justify or provide the
proper criteria for setting limits on the state’s authority over individuals. It thus risks
licensing a ‘tyranny of the majority.’
"ii
Given these challenges, I defend an alternative account of political freedom:
While I accept the republican claim that freedom consists in non-domination rather than
non-interference, I argue that the neo-Roman account of the nature of domination is
problematic, resting on a flawed conception of arbitrary power. I look to Locke for a
more plausible account of arbitrary power and thus the ideal of non-domination, one
which defines political freedom against a background of natural rights. The resulting
view -- “natural rights republicanism” -- plausibly accommodates both liberal concerns
for individual sovereignty and republican sensitivity to relations of power.Arts, Faculty of
Philosophy, Department of
Graduate
4
LIMEIRA, MARCELA DE AZEVEDO. „FREEDOM OF RELIGIOUS CONSCIENCE AND NONDISCRIMINATION LGBT RIGHTS: AN ANALYSIS OF CONFLICTING RIGHTS“. PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2018. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=34717@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROCOORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
PROGRAMA DE SUPORTE À PÓS-GRADUAÇÃO DE INSTS. DE ENSINO
PROGRAMA DE SUPORTE À PÓS-GRADUAÇÃO DE INSTITUIÇÕES COMUNITÁRIAS DE ENSINO PARTICULARES
Existe um conflito de direitos entre homossexuais e indivíduos que seguem religiões que pregam que a homossexualidade é contrária às leis divinas e que o casamento é uma união sagrada entre um homem e uma mulher. Esse conflito foi potencializado a partir da legalização do casamento homoafetivo. Por um lado, indivíduos homossexuais têm o direito à igualdade, o que significa que não devem ser discriminados por causa de sua orientação sexual; por outro lado, indivíduos religiosos têm a liberdade de crer em determinada religião e adotar condutas que estejam de acordo com suas crenças. Dentre as situações que podem gerar conflito, três são analisadas neste trabalho: a recusa de um indivíduo religioso a celebrar ou contribuir para uma cerimônia de casamento homoafetivo, com base na perspectiva religiosa sobre o conceito de casamento; a recusa por parte de um psicólogo a atender um paciente homossexual ou casal homoafetivo, sob o fundamento de que suas crenças religiosas o impedem de manifestar aprovação em relação à homossexualidade ou auxiliar uma união homoafetiva durante o atendimento; a recusa religiosamente motivada a fornecer produtos que manifestam apoio ao casamento homoafetivo ou alguma causa LGBT. Além do estudo de doutrina estrangeira sobre o tema, são examinadas dez decisões judiciais referentes a casos concretos ocorridos nos Estados Unidos, Reino Unido e Canadá, com o objetivo de auxiliar na elucidação de parâmetros claros para a melhor resolução da controvérsia em questão, ante a razoável expectativa de que, em breve, conflitos semelhantes surgirão no Brasil.
There is a conflict of rights between homosexuals and individuals who follow religions that preach that homosexuality is contrary to the laws of God and marriage is a sacred union between one man and one woman. This conflict was intensified after the legalization of same-sex marriage. On the one hand, homosexual individuals have the right to equality, which means they must not be discriminated on basis of sexual orientation; on the other hand, religious individuals have the right to believe in a religion and act according to their beliefs. This paper will examine three situations that might cause conflict: the refusal to celebrate or contribute to a same-sex wedding, because of one s religious views on marriage; the refusal to assist a homosexual patient or a same-sex couple, by a psychologist or counselor whose religious beliefs prevent them from affirming homosexuality or assisting a same-sex union; the religiously motivated refusal to print materials that promote same-sex marriage or other LGBT interests. This dissertation will look at foreign studies on the matter, and will examine ten judicial decisions on cases that occurred in the United States, United Kingdom and Canada, in order to help create clear parameters to resolve the controversy, which is likely to soon arise in Brazil.
5
Elliott, Anne A. „Rights in Conflict: Freedom of Information versus the Family Education Rights and Privacy Act“. Ohio University Honors Tutorial College / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1341505659.
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Santoro, Emilio. „Autonomy, freedom and rights : a critique of liberal subjectivity /“. Dordrecht [u.a.] : Kluwer Academic Publishers, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/367004119.pdf.
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Ravina, Raúl. „Property rights a practical guide to Freedom and Prosperity“. THĒMIS-Revista de Derecho, 2004. http://repositorio.pucp.edu.pe/index/handle/123456789/108381.
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PROPERTY RIGTHS, A practical guide to Freedom and Prosperity, es un interesante libro de introducción al derecho de propiedad y a las demás titularidades, desde una perspectiva que va más allá de lo legal. Este libro, constituye una útil herramienta de estudio para aquellos que, habiendo tenido una primera experiencia con el estudio de los derechos reales, desean conocer más sobre sus fundamentos económicos.
8
Winter, Jack Ashby Holme. „How are freedom, equality and private property rights related?“ Thesis, University of Manchester, 2016. https://www.research.manchester.ac.uk/portal/en/theses/how-are-freedom-equality-and-private-property-rights-related(570ad699-d8f2-40c6-aea6-ae70ea693498).html.
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It is commonly contended by the political right that freedom and equality are mutually incompatible values. This ‘incompatibility argument’ can be characterized as positing a trade-off between freedom and equality, such that the more a society realizes of one, the less it is able to realize of the other. Talk of trade-offs between values implies the possibility that they can be subjected to quantitative analysis, and in order to make sense of the trade-off interpretation of the incompatibility argument I identify quantifiable conceptions of freedom and equality. The incompatibility argument invokes negative freedom and equality of outcome. Consequently it is often resisted by endorsement of alternative conceptions of these values like positive freedom or equality of opportunity. Refraining from this strategy, I aim to show that for those committed to both negative freedom and equality of outcome the outlook is not as bleak as the incompatibility argument would seem to suggest. This is because the traditional picture ignores the context in which the trade-off between freedom and equality takes place, namely, the widespread privatization of resources. I argue that in addition to the advertised trade-off between freedom and equality, each of these values also trades off against the extent to which private property rights are enshrined. As above, for trade-offs to take place between private property and other social goals it must be possible to quantify private property, and I seek to show that such quantification can be achieved. If my analysis is successful we will then be faced with three trade-offs: freedom vs. equality, freedom vs. private property, and equality vs. private property. By integrating these three trade-offs into a single three-dimensional model I aim to present a more informative account of the relationships between the three goals. The extent to which freedom and equality trade-off against one another is itself determined in part by the extent to which a society realizes private property. As a result, by curbing or abolishing private property rights more freedom can be secured alongside greater equality.
9
Bond, Helen. „Teaching for Freedom: A Case in Ghana“. Diss., Virginia Tech, 2001. http://hdl.handle.net/10919/25996.
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The United Nations declared the years 1995 to 2004 as the Decade for Human Rights Education. The principles of human rights education promote dignity, tolerance, and peace by educating individuals and groups to respect, defend, and advocate for their rights. These rights are enshrined in the Universal Declaration of Human Rights, which was adopted in 1948 making human rights a global responsibility. During this decade nations are called upon to promote and implement human rights education in all sectors of their society. In 1992 Amnesty International Norway developed a human rights education program called Teaching for Freedom (TFF). This program was implemented in 26 countries worldwide including all ten administrative regions in Ghana, West Africa. The purposes of the TFF program were to educate the youth and train final year teachers in the principles of human rights. These programs are based on the notion of universal human rights that are sometimes criticized as Western and non-applicable to the African context. Human rights education programs are tasked with not only making these universal principles meaningful and participatory in the lives of the people on the ground, but also implementing culturally legitimate programs in local contexts with few resources. This study attempted to understand how the Teaching for Freedom program accomplished these aims and the barriers that impeded it. Using qualitative analysis and the grounded theory approach, I conducted a case study of one TFF program located in one school in one region of Ghana. This human rights education program operated as a club and was studied within the context of the school and society in which it operated. Grounded theory analysis revealed that the TFF club was a conflicted organization whose operation was greatly shaped by forces within the school that were also present in larger society. I describe the operation of the club in terms of awareness, empowerment, and implementation. Barriers to the operation of the TFF club were identified within these three areas of operation and were closely related to the conflicting cultural forces within the school and Ghanaian societyPh. D.
10
Maher, Julie. „Manifesting religious belief : a matter of religious freedom, religious discrimination, or freedom of expression?“ Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:eaf72dbe-ca5e-4767-97a6-b28c928be742.
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This thesis asks how manifestation of religious belief by religious individuals can best be protected in English law. It is particularly concerned with the protection available to religious individuals in the public sphere. This thesis assesses the current state of protection under religious freedom and religious discrimination models, before considering the potential for increasing protection by reconceptualising the right to manifest religious belief as an aspect of freedom of expression. This thesis asks whether the practical and conceptual limitations of a religious freedom model, and Article 9 of the European Convention on Human Rights (ECHR) in particular, can be overcome by reliance on alternative modes of protection, namely religious discrimination protections in domestic, Convention, and EU law, or through litigating religious manifestation claims as freedom of expression cases under Article 10 of the ECHR. The difficulty of communicating the harm in being denied the ability to manifest religious beliefs publicly is a key limitation of both religious freedom and religious discrimination models. Similarly, this thesis highlights the difficulty in assessing what weight should be attributed to such religious harm within a proportionality exercise balancing the rights of religious individuals with the rights and interests of other parties. The analysis in this thesis draws primarily upon the sources of law which shape domestic English law in this area, namely the ECHR and European Union law. However, this thesis also considers foreign precedent and case law from the United States in particular. This thesis contends that no one model can address the range of cases where manifestation of religious beliefs arise, and that litigants should be able to draw from religious freedom, religious discrimination, and freedom of expression protections depending on the nature of their case.
11
Jurgens, Hishaam. „Investigating the conflict between freedom of religion and Freedom of expression under the South African constitution“. Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4099.
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Magister Legum - LLMThis mini-thesis is based on the presumption that the Danish cartoons and the anti-Muslim clip posted on YouTube as forms of expression, ridiculed the religious beliefs and practices of Muslims which in turn affected the exercise of religious freedom as it violated the dignity of the bearers of the right to freedom of religion and therefore a conflict between the right to freedom of religion and freedom of expression exists. The above incidence of conflict between the right to freedom of religion and freedom of expression involves infringing the freedom of religion of the Islamic community. Blasphemy in Islam is speech that is insulting to God, but during the course of Muslim history it has become increasingly linked with insult to the Prophet Muhammad. In Islam the depiction of the Prophet Muhammad in any way is strictly forbidden and is considered blasphemous.
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Chetty, Kasturi. „The interaction of children's rights, education rights and freedom of religion in South African schools“. Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020864.
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This study examines the topic of the interaction of children’s rights, education rights and freedom of religion in South African schools from a legal perspective. It comprises of a discussion on the historical development of religion in South African schools; South Africa’s international obligations with regards to children’s rights, education rights and freedom of religion and the South African substantive law pertaining to children rights, education and freedom of religion as impacting on legal issues pertaining to religion in schools. The study utilises a desktop approach, which comprises of a wide range of legal and other literary sources, international instruments, statutes and case law on children’s rights, education rights and freedom of religion. Importantly, it highlights the integral connection between these aforementioned rights when dealing with issues pertaining to religion in schools. This thesis illustrates that much of the historical development of religion in schools took place without consideration of children’s rights, or more particularly, the best interests of the learners. Instead, (a particular brand of) religious beliefs were promoted in education above other religions and the well-being of school-children. Furthermore, despite the introduction of specific children’s rights into the Constitution, this thesis emphasises that the rights of children have still not been recognised sufficiently in education laws and policies. It is submitted that children’s rights have a paramount and practical role to play in matters pertaining to religion in South African schools. Consequently, it is recommended that children’s rights, more particularly the best interests of the child principle, should be expressly introduced into education legislation and policies. This will create legal obligations for school administrators and SGBs on the inclusion of children’s rights in religious exemption procedures. Furthermore, it is recommended that national guidelines on religious/cultural exemptions (which incorporate children’s rights) be developed which will set legal parameters for the handling of religious/cultural exemption procedures in schools. This thesis also argues against the interpretation that the right to establish private schools includes the right to require religious conformity from non-adherent learners by way of a complete waiver of their religious freedom. Despite the importance of respecting the right of religious communities to protect and preserve their faith in private schools, it is submitted that this right cannot be exercised without regard for the religious freedom, dignity and best interests of non-adherent children. As a result, it is submitted that the waiver of the freedom of religion of non-adherent children is not consistent with the values which South African society reveres and therefore cannot be enforced. This thesis suggests that there is a way for the rights of private schools and the rights of non-adherent children to co-exist in harmony through the application of the reasonable accommodation principle in private schools. Reasonable accommodation of different faiths teaches religious tolerance to leaners in private schools and ensures that they are prepared to grapple with the religious diversity that they will inevitably face outside of the school environment. It is submitted that the enforcement of reasonable accommodation in private schools is to the benefit of all learners in private schools and to South African society in general. Moreover, this study questions and analyses the state’s provision of compulsory religion education in public schools through the National Policy on Religion and Education. A theoretical distinction is made between religion education and religious instruction in the National Policy itself. Religious instruction refers to the teaching of specific religious beliefs. Religion education refers to the teaching about different religions and worldviews from an academic perspective. It is submitted that the National Policy is correct in removing religious instruction from public schools as this would not be in accordance with freedom of religion or equality rights of learners who are not of the majority faith. It is submitted further that, although the provision of compulsory religion education in public schools impacts upon the freedom of religion of learners and their parents, (if taught correctly) it is a reasonable and justifiable limitation on freedom of religion in that it pursues the legitimate state goal of nation-building through the teaching of religious tolerance and “celebrating diversity” in schools. In light of South Africa’s history of religious discrimination, it must be recognised that the current position (although not problem- free) is a significant step forward in the protection of minority religious rights in South African schools. Despite this, it is submitted that there are numerous problems with the implementation of the National Policy that impact upon the dignity, equality and other rights of the learners concerned. These problems cannot be ignored since they impact upon the daily lives of school children. However, many of these problems can be minimised through more effective teacher training in this subject area. Accordingly, this thesis recommends that the current position be maintained as an acceptable compromise between the two extremes of providing religious instruction in one faith and removing religion education from public schools altogether. However, it emphasises that the state has to make a concerted effort to improve teacher training in this subject area in order to ensure that the objectives of the National Policy are carried out as envisaged. Furthermore, this thesis finds that certain provisions of the National Policy contain not only educational goals, but spiritual goals. Also in some instances, it is difficult to determine whether the religion education curriculum borders on being religious or not. In accordance with freedom of religion, it is submitted that the line between religion education and religious instruction must be clearly drawn in law and in practice. Consequently, the state must reconsider the National Policy and the corresponding religion education curriculum to ensure that they are aligned with the objectives of nation-building in all respects, meaning that any provisions or learning outcomes which have purely spiritual goals- must be amended or removed.
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Otis, Ghislain. „Monetary redress under the Canadian Charter of Rights and Freedom“. Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280092.
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Juenke, Eric. „Beyond GNP: Economic Freedom as a Determinant of Basic Human Needs“. Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3334/.
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Research concerning ‘basic needs' in the Human Rights literature has consistently found a positive and significant relationship between measures of wealth and basic needs provision. This study utilizes a relatively new measure of economic freedom to test hypotheses regarding general macro-economic policy decisions and basic needs outcomes. A pooled dataset of 138 countries over four years is examined using OLS panel regression controlling for both' year' and ‘country,' in a standard basic needs model. Consistent and systematic differences between economic freedom effects in OECD nations and non-OECD nations are revealed. The Economic Freedom Index has both theoretical and empirical advantages over previous measures of wealth and economic freedom, allowing human rights scholars to test specific economic policy decisions as they affect basic needs outcomes.
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Ngui, Samantha Biological Earth & Environmental Sciences Faculty of Science UNSW. „Freedom to worship: frameworks for the realisation of religious minority rights“. Publisher:University of New South Wales. Biological, Earth & Environmental Sciences, 2008. http://handle.unsw.edu.au/1959.4/42969.
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A comparative study of the development of places of worship in Sydney was conducted primarily through the collection of data from development applications to construct or to use premises as a place of worship over a five year period from 2000-2005. The data indicated that a greater and disproportionately higher number of applications by religious minorities were rejected. The significance of the findings does not lie exclusively in identifying the likelihood of development applications gaining approval. The process of determining development applications and the impacts of the outcome of the process were also important. This is why the content of the objections raised to development applications was analysed. The underlying themes in the opposition to development applications related strongly to citizenship, particularly how the boundaries of local forms of citizenship are negotiated. In establishing places of worship religious groups seek to have their citizenship claims recognised. These citizenship claims include: the right to access, mark and use space (Dunn 2005), equality of citizenship with local residents and with other religious groups, and importantly, the right to freedom of worship. One of the main assertions made in this thesis is that by restricting access to sites that people can worship and by restricting the practice of religion, the right to freedom of worship is compromised. Churches dominate the religious landscape of Sydney. This dominance can be partially attributed to the significant levels of historical assistance from the state with the building of Churches. This included access to land, free labour, support for clergy and income support which assisted in the development of early Churches. The appropriateness of giving this type of assistance is not debated in this thesis. However, the assistance itself is significant for two main reasons. Firstly it is emblematic of the privileged relationship between the Church and the state in Australia, and secondly, it raises questions over the lack of privileges afforded to religious minorities. In responding to the question of whether secularism is likely to assist religious minorities, the establishment of places of worship demonstrates how pluralising the Church state link may be of greater utility to religious minorities than strict forms of secularism. The examination of this issue introduces the importance of an equal relationship between the state and religious groups to equality of citizenship for religious minorities. The extent to which multicultural citizenship can assist religious minorities in realising their right to freedom of worship was critically examined in this thesis. The adequacy of the institutional responses to religious diversity was assessed. This included an examination of local government, courts, the media, heritage programs and the planning profession. The planning process demonstrates how a supposedly neutral or colour-blind approach can generate uneven outcomes, which discriminate against religious minorities. The broader policy and legislative responses to religious diversity were examined in order to identify how deficiencies in the multicultural framework contributed to difficulties for religious minorities establishing places of worship.
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Nock, Christopher John. „Equality, freedom and property rights : a critique of the Libertarian case“. Thesis, University of Oxford, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.305760.
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Sodipo, Bankole Adekunle Akintoye. „Piracy and counterfeiting : the freedom to copy vs. intellectual property rights“. Thesis, Queen Mary, University of London, 1995. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1674.
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Since 1980, many countries have passed new intellectual property laws, or revised their laws. The same period witnessed the birth of more trade associations which work to combat unauthorised copying. Nonetheless, it is estimated that piracy and counterfeiting still account for about 5% of world trade. National responses to piracy and counterfeiting are often determined by how deeply local interests are affected either way. Since the intellectual property repertoire of most developing economies is usually much smaller than that of industrialised economies, the costs to the former and the loss to the latter often polarise the globe into the strong advocates of the intellectual property system and those who advocate a freedom to copy. This thesis which focuses primarily on Nigeria and the UK, suggests that the concept of intellectual property is not alien to developing economies because many pre-literate societies had recognised and protected intangible rights which bear some semblance to the intellectual property system. Now, irrespective of any influence the system may have had on economic growth in any country, intellectual property has assumed ever greater economic significance - as a trade issue within the context of GATT. Any country wishing to benefit from GATT must respect the intellectual property rights of others. Fears that an intellectual property system makes possible the abuse of a monopoly (that may be created by virtue of intellectual property rights) are not justifiable because of various measures, including rules of competition or anti-trust that can be used to check any abuse of monopoly. The thesis attempts to categorise infringers, demonstrates the harm caused and suggests additional new criteria for liability particularly for those in a quasifiduciary relationship with right holders such as licensees, agents, employees and former business associates. It highlights some of the difficulties involved in criminalising intellectual property infringements and suggests improvements. It examines issues like the suitability of criminal sanctions to the breach of unregistered marks or patents, the relevance of presumptions, the onus of proof of a guilty mind and private prosecution. The thesis explores some of the substantive and procedural aspects of TRIPS, reveals gaps which may cause problems and recommends changes. The procedural issues discussed include: inspection and seizure orders, border control measures, the privilege against self-incrimination, and the absence of specific obligations to grant Mareva orders or create special procedures or courts for intellectual property. TRIPS' standards for patents, trade marks and copyright are addressed primarily in the light of the pharmaceutical and computer software industries. Irrespective of good laws, effective action can only be taken if right holders, law enforcement agents, judges, governments, WIPO and the World Trade Organisation demonstrate a positive response to the intellectual property cause.
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Pearson, Megan Rebecca. „Religious objections to equality laws : reconciling religious freedom with gay rights“. Thesis, London School of Economics and Political Science (University of London), 2014. http://etheses.lse.ac.uk/949/.
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This thesis considers how the law should manage conflicts between religious freedom and the prohibition of sexual orientation discrimination. It starts from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity. It contends that a proportionality analysis provides the best method for resolving these conflicts. In particular, it argues that proportionality is a conciliatory method of reasoning because it provides context-dependent and nuanced answers to these issues, providing scope for re-assessment in future cases, and because it accepts losing claims as in principle as worthy of protection. It is also argued that proportionality is advantageous because it inherently demands justification where rights are infringed. The thesis takes a comparative approach, examining the law in England and Wales, Canada and the USA to demonstrate the clash of rights and to compare how these issues have been dealt with by courts and legislatures. It considers these issues with reference to four areas of law. The first assesses how far employees with discriminatory religious beliefs should be accommodated in the workplace, including whether they should have a right not to perform aspects of their work that are contrary to their beliefs and whether they should be permitted to share their discriminatory views at work. The second considers whether and when religious organisations should be permitted to discriminate in their employment decisions. The third examines how far religious organisations should be permitted to discriminate in providing services, such as charitable services or when hiring out premises, and the fourth whether religious individuals should be allowed to discriminate in the secular marketplace.
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Andersson, Erik. „Political Rights for Refugees in Uganda - A Balance Between Stability in the State and Respect for Human Rights“. Thesis, Umeå universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-88167.
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Devlin, Nicholas E. „Ink and liberty, newspaper ownership concentration and freedom of the press under the Charter of Rights and Freedoms“. Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0010/MQ34155.pdf.
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Crawford, G. Mark. „Free speech : the Canadian model; a study of freedom of expression under the Charter of Rights of Freedoms“. Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390317.
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Boggs, Teresa J. „The First Amendment rights of high school students and their student newspapers“. Morgantown, W. Va. : [West Virginia University Libraries], 2005. https://eidr.wvu.edu/etd/documentdata.eTD?documentid=4143.
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Earnshaw, Felicity. „Shakespeare and freedom of conscience“. Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0028/NQ50152.pdf.
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Masingi, Thabang. „Academic freedom in Africa : a case for the interpretation of the African Charter on Human and Peoples' Rights as providing protection for the human right to academic freedom“. Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/14762.
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Examines the state of academic freedom in Africa and the extent to which it is protected. Focuses on how the African Commission can adopt an interpretation of the African Charter on Human and Peoples’ Rights (ACHPR) to encapsulating protection of the human right to academic freedomThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Patrice Vahard of the Faculaty of Law, Addis Ababa University, Ethiopia.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Beyani, Chaloka. „Restrictions on internal freedom of movement and residence in international law“. Thesis, University of Oxford, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334097.
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Vizard, Polly. „Conceptualising poverty in a human rights framework : foundational issues in ethics, economics and international law“. Thesis, London School of Economics and Political Science (University of London), 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.251748.
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The international agenda on poverty, freedom and human rights has become increasingly influential in recent years. Mrs. Mary Robinson, UN High Commissioner for Human Rights, has stated that "Ip]overty itself is a violation of numerous basic human rights" (1997,6), while the UNDP's Human Development Report 2000 conveys the central message that poverty is a limit on individual freedom, and that freedom from poverty should be addressed as a basic entitlement and a human right (UNDP, 2000). But what do people mean when they say that poverty is a denial or a violation of fundamental human freedoms and basic human rights? This Thesis addresses the need for a robust theoretical framework for thinking about this question. Its aim is to expand basic knowledge and understanding in the field of poverty and human rights by contributing to interdisciplinary dialogue and conceptual development. The Thesis is cross-disciplinary in scope and bridges the perspectives of ethics, economics and international law. It establishes the basis of international legal obligation in the field of poverty and human rights; considers the nature and scope of relevant debates in ethics and political theory; and analyses the significance of Professor Amartya Sen's research agenda in ethics and economics for both conceptual and formal thinking about poverty, fundamental freedoms and basic human rights. The use of deontic logic to capture and formalise statements about poverty, freedom and human rights is assessed. The Thesis concludes with a proposal for a rights-based extension of Sen's capability approach based on authoritative international standards in the field of poverty and human rights. This proposal is mapped out both as a means of integrating the different disciplinary perspectives and as a suggestion for future research.
27
Waghorn, Alana. „How compatible is religious freedom with other freedoms? : The ways in which defending the religious rights of one can diminish the freedom of another and the role of conflict as a consequence“. Thesis, Linnéuniversitetet, Institutionen för samhällsvetenskaper, SV, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-28876.
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The Universal Declaration of Human Rights of 1948 states that all people are entitled to freedom and equality. Providing freedom is an important part of democracy and development yet the process is not always simple and it faces many obstacles. Freedom is identified in many forms but one of the most contentious forms is freedom of religion and conscience; it is currently the subject of heated debate as some prioritise it above all other freedoms whilst others argue that religion is too often the cause of conflict and should not exist at all. Providing freedom of religion means defending a person’s right to practise their religious beliefs, though some can hinder the freedom of others. One of the obstacles facing the provision of various freedoms might be the defence of religious freedom. In order to make more people more free, it may be necessary to limit religious freedom to a certain extent. By employing an abductive approach, this qualitative desk study infers from the observation of occurrences where religious freedom has detrimentally affected or been affected by another form of freedom that an inverse relationship might exist and furthermore that conflict could result. The cases, each one an incident taking place in a highly developed and democratic country, were collected from online newspapers, primarily the BBC, and were analysed using Mill’s Harm Principle as a framework. It was found that, rather than threatening other forms of freedom, defending the religious freedom of one group is more likely to threaten the religious freedom of another group. Small-scale, recurring conflict is a common occurrence, most often resolved judicially and in favour of the majority. It was concluded that freedom in all its forms is not possible for all people simultaneously and that limiting freedom to avoid harming others it also likely to cause harm.
28
Mustafa, Artan. „Climate Change and Freedom“. Thesis, Uppsala universitet, Institutionen för geovetenskaper, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-163167.
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This paper examines the relation between climate change discourse and freedom which is held both as a self-evident value and a vital attribute for modern democracy. I argue that the discourse refutes individual freedom. It does so both through the goals and ends it promotes as well as the solutions it puts forward to achieve them, in other words through means, in the areas of economy, rights and political organization which reduce choices and diminish space of action for individuals. It opens the path to authoritarian regimes and the like by disempowering people in the name of natural order. This and other anomalies within the discourse make it the opposite of what it pretends to be - a revolutionary one; at least, unless it solves the question of freedom that resembles human nature.
29
Driver, Sahar DeAnne. „Decolonizing human rights| The challenges of ensuring the dignity and freedom of Iranians through a human rights framework“. Thesis, California Institute of Integral Studies, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3643099.
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The human rights industry today generates and organizes knowledge about the Islamic Republic of Iran and Iranians. The cultural archive it produces has been used to advance the global North's geopolitical interests and the accumulation of capital and power that leads to human rights abuses in the first place. Use of the human rights framework as a political strategy among Iranian–Americans and other allies acting from across geographic, political, economic, religious and other boundaries is therefore risky. The dangers it introduces should be examined alongside its tactical uses.
This dissertation presents a close analysis of certain observables that make visible "human rights" discourse or activity related to the Islamic Republic of Iran today. It presents an examination of a series of texts that give "human rights" its shape: from academic and journalistic accounts to online data aggregators, film, social media, and related policies. It traces its use by competing actors: from activists and politicians to business leaders and academics. In so doing, the dissertation reveals important political, emotional, intellectual, and socio-economic contestations that arise through use of the human rights framework.
The dissertation sheds light on the motivations and methods of entities that take up the human rights framework as a political strategy. It narrates the relations between observables, revealing the architecture of a human rights "industry" that consumes and produces knowledge about Iranians and the Islamic Republic of Iran. In so doing, this dissertation reveals the vulnerability of the human rights discourse and activities to other projects and finds that the human rights industry motors a form of (neo)Orientalism that should be interrupted if the network of actors around the world that are set up to address violations of "human rights" are to be effective at helping to maintain or uphold the dignity and freedom of Iranians in a sustainable way.
30
Weregwe, Christopher Mba. „Safeguarding the right to freedom from torture in Cameroon“. Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4420.
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Magister Legum - LLMThe international community saw the need to completely eradicate the use of torture and, as a result, adopted the 1984 Convention against Torture. The Convention obliges states to take effective legislative, judicial, and administrative and any other measures necessary to prevent acts of torture and other forms of ill-treatment within their jurisdictions. Cameroon, following the preamble of its Constitution, which prohibits torture in all its form, ratified the Convention in 1986 and other international treaties that deal with the prohibition of the use of torture. According to article 45 of the Constitution, duly ratified international treaties and conventions enter into force following their publication into the national territory. Cameroon has amended its Constitution and incorporated intoits domestic laws, provisions which prohibit the use of torture and other forms of ill-treatment. It goes further to prescribe appropriate penalties for public officials and other persons working in official capacity, who subject detainees and prison inmates to torture and other forms of ill-treatment.Despite all these instruments and mechanisms put in place to prevent and eradicate the use of torture and other forms of ill-treatment, this heinous crime continues to be widespread and is practiced systematically in almost all regions in the country and with impunity. This study will analyse whether Cameroon has put in place adequate constitutional and legal framework and mechanisms to guarantee the right to freedom from torture and other forms of ill-treatment for persons deprived of their liberty.
31
Evans, Carolyn. „Freedom of religion or belief under the European Convention of Human Rights“. Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313453.
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32
Møller, Kai. „A constitutional doctrine of freedom : on the moral structure of constitutional rights“. Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.550861.
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The thesis proposes a substantive moral, reconstructive theory of the practice of constitutional rights law as it has emerged in the last 60 years in various jurisdictions all over the world. In a nutshell, this practice is characterised by an extremely broad approach to the interests protected as prima facie rights combined with a far-reaching limitability of those rights under a balancing or proportionality approach. It thus stands in striking contrast to the conceptions of rights endorsed by philosophers who almost unanimously regard rights as protecting a limited range of very important interests and enjoying some special normative force. Having set out the project in Chapter One, the following three chapters develop a theory of the prima facie stage of rights. Chapter Two identifies the value of personal autonomy - positive freedom - as explaining better than its main rival, negative freedom, the core features of the practice. Chapter Three builds on this result and defends a particular conception of autonomy - the protected interests conception - as cohering best with the practice. This conception regards autonomy as including certain interests which can be ranked according to their importance for the self-conception of the agent. Chapter Four develops a theory of the prima facie stage of constitutional rights by arguing that constitutional rights protect comprehensively the autonomy interests of the right-holder. Chapters Five to Seven deal with the justification stage of rights. Chapter Five develops a theory of the justifiability and, related, the standard of judicial review, arguing that constitutional rights are violated when a policy fails to set up a reasonable - as opposed to the one correct - specification of the spheres of autonomy of equal citizens. Chapters Six and Seven draw on this result to provide theories of the main doctrinal tools at the justification stage, namely balancing and proportionality. Chapter Six proposes a theory of the resolution of conflicts of autonomy interests and thus clarifies the concept of balancing. Chapter Seven integrates the results of the previous chapters into a theory of proportionality, arguing that this principle provides lawyers with an attractive tool for the structured resolution of conflicts of autonomy interests and thus also constitutional rights cases.
33
Munn, Marion Alison. „Religious freedom versus children's rights| Challenging media framing of Short Creek, 1953“. Thesis, The University of Utah, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1556146.
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The media’s ability to frame a news story, or to slant it in a particular direction and thereby shape public perceptions, is a powerful tool with implications for material effects in society. In this thesis, a Multimodal Critical Discourse Analysis of the words and photographic images used in the framing of Life magazine’s September 14, 1953 article, “The Lonely Men of Short Creek,” is combined with contextualization of the story within the historical, sociological, and regional settings that may have affected its ideological content. This provides insights into Life’s editorial perspectives and potential audience response. “The Lonely Men of Short Creek” is an account that some writers have suggested contributed to a laissez-faire attitude towards the polygamist community of Short Creek, Arizona, in which a failure to enforce state laws allowed child sexual abuse to continue unhindered there for the next half century. This analysis of Life’s account demonstrates its overall sympathetic framing of Short Creek in 1953, particularly of male community members, and the construction of a narrative with significant absences and misrepresentations that obscured or concealed darker themes. Life’s construct has in certain aspects been replicated today in what some consider to be the “definitive” account of the story, which repeats a persistent tale of religious persecution, compromised constitutional rights, and an overbearing state’s “kidnap” of the children of an apparently innocent and harmless rural polygamist community. Such a narrative has deflected attention from an alternative frame—that of a community charged with multiple crimes, including the statutory rape of children manipulated by adults within a religious ideology that demanded plural “wives.” This thesis contends that in 1953, these children were overlooked, or ignored in a fog of often taken-for-granted US national ideologies and editorial perspectives relating to religious freedom and the “sacred” nature of the family in the post-Korean War and Cold War era. Such findings raise questions about the ethics of partisan framing of news stories in which alleged victims are implicated, acceptable limits of religious and family rights, and the often un-interrogated national ideologies sometimes used to justify harmful or criminal behaviors.
34
Harms, Lisa. „Fragmented universalism : the making of the right to freedom of religion at the European Court of Human Rights“. Thesis, Paris, Institut d'études politiques, 2019. http://www.theses.fr/2019IEPP0038.
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La thèse analyse la négociation du droit à la liberté religieuse dans les litiges à la Cour Européenne de Droits de l’Homme (CEDH) des années 1990 jusqu’à aujourd’hui. Une double observation constitue le point de départ de cette recherche : le constat d’une judiciarisation croissante de la régulation politique du religieux d’un côté, et celui d’une mobilisation stratégique croissante d’acteurs religieux et séculiers dans les arènes judiciaires transnationales de l’autre. La thèse pose la question de comment les acteurs religieux et séculiers influent sur le processus de construction de la norme juridique. Elle analyse l’activisme juridique déployé par des acteurs religieux, y compris les témoins de Jéhovah, des acteurs musulmans, sikhs, et chrétiens, et des activistes séculiers, dans des litiges concernant la liberté religieuse. Partant d’une approche par les champs, la thèse postule que l’inégalité en ressources et en pouvoir entre les acteurs structurent leurs approches et leurs interprétations du droit à la liberté religieuse. La Cour ne constitue une structure d’opportunité également accessible pour tous les acteurs. Tandis que certains des acteurs impliqués dans les litiges ont tendance à adapter leurs revendications religieuses de manière à correspondre aux paradigmes juridiques dominants, d’autres contestent et négocient les interprétations des fondements mêmes du droit. L’asymétrie entre les acteurs du droit se conjugue à des oppositions et tensions idéologiques qui sont inscrites dans la construction de la norme juridiqueThe thesis examines the litigious negotiation and contestation of the right to freedom of religion at the European Court of Human Rights (ECtHR) from the early 1990s until today. A twofold observation constitutes the starting point for this investigation. First, the trend of the judicialization of politics increasingly extends to the domain of the politics of religious regulation. Second, an increasing number of strategic religious and secular litigators has intervened in transnational judicial struggles. Against this backdrop, the thesis asks how religious and secular actors influence the construction of the judicial norm. It analyzes the judicial activism of a variety of religious actors, including Jehovah’s Witnesses, Muslims, Sikhs, Christians and secular actors. The main argument is that the unequal distribution of power and resources among religious minorities and majorities translates into diverging strategies of religious freedom litigation, and, thereby, into the interpretation of the right to freedom of religion. The power asymmetry leads to inequality regarding the degree of openness of the legal opportunity structure of the ECtHR and hence the participation in the judicial norm building. In particular, it shows that while some actors tend to adapt their religious claims in order to fit dominant interpretations of the law, other actors contest the interpretation of the foundations of the law itself. Furthermore, different means of litigation fuel an intensified ideological opposition and tension within liberal religious freedom interpretations
35
Liao, Fu-Te. „The legitimacy of limiting the right to freedom of expression in the jurisprudence of the European Convention on Human Rights“. Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.297876.
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36
O'Connor, Niall. „The impact of EU Fundamental Rights on the employment relationship“. Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/286333.
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The purpose of this thesis is to assess the impact of the EU Charter of Fundamental Rights (the Charter) on the employment relationship. The Charter has long been praised for its inclusion of socio-economic rights alongside traditional civil and political rights. It might have been thought, therefore, that the Charter would be a particularly potent tool in the employment context, characterised as it is, by the continuous interaction between economic and social rights. However, to draw an analogy from George Orwell's Animal Farm, although 'all rights are equal, some rights are more equal than others'. Not only does the Charter distinguish between 'rights' and 'principles', but the EU Court of Justice (CJEU) seems actively to prioritise the Charter's economic freedoms over the social rights. This thesis focuses on the consequences of this variable geometry for the regulation of the employment relationship. In particular, it examines the widening gap between contractual autonomy/business freedom as a fundamental right found in article 16 of the Charter and the employment rights contained in the Solidarity Title. Of particular concern from an employee's perspective is the decision of the CJEU in the case of Alemo-Herron and its progeny. In a series of highly deregulatory judgments, the CJEU has found that the employee-protective aim of the relevant legislation was incompatible with the employer's freedom to conduct a business. At the same time, the CJEU has been reluctant to invoke the Charter's employment rights to give an employee-friendly reading to legislation. The effect of this divergence for the employment relationship is explored in two ways. On a micro level, the thesis looks to the very practical or 'day to day' influence of fundamental rights at various stages in the life cycle of the employment contract. It addresses the relationship between individually agreed employment terms and fundamental rights sources. The macro level considers the broader question of the effect of fundamental rights on the EU's (or the State's) ability to regulate the employment relationship more generally. It is demonstrated that there may be a systemic problem with fundamental economic freedoms being prioritised over social rights, namely the employment provisions of the Charter.
37
Reynolds, Graham John. „Towards reconsideration of the intersection of the charter right to freedom of expression and copyright in Canada“. Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:b27a9d3a-c0b7-497e-a8ad-29b861b78b32.
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This thesis explores the intersection of freedom of expression (as protected in the Canadian Charter of Rights and Freedoms (Charter)) and copyright in Canada. In this thesis, I argue that both lower Canadian courts and the Supreme Court of Canada (SCC) should reconsider their approaches to this intersection. Lower Canadian courts have consistently rejected arguments that provisions of Canada's Copyright Act unjustifiably infringe the Charter right to freedom of expression. The SCC, on the other hand, has consistently interpreted provisions of the Copyright Act in such a manner as to result in expanded protection for the expression interests of non-copyright owning parties. It has done so not by relying explicitly on the Charter right to freedom of expression, but through a process of statutory interpretation. I argue that both approaches merit reconsideration. Specifically, I argue that the approaches adopted by lower Canadian courts to the intersection of the Charter right to freedom of expression and copyright are based on now-invalidated approaches to both copyright and to freedom of expression, and are thus themselves invalid; that to the extent to which the SCC's approach to this intersection assumes that the Charter right to freedom of expression can be protected, in the context of copyright, through statutory interpretation alone, that it fails to adequately protect the Charter right to freedom of expression; that other leading national courts from which the SCC has previously sought assistance have explicitly engaged with this intersection, and that the SCC should follow suit; and that the SCC's own copyright and freedom of expression jurisprudence suggests that provisions of the Copyright Act may unjustifiably infringe the Charter right to freedom of expression. These four arguments, taken together, suggest that the time is ripe for reconsideration of this intersection.
38
Fraser, Rhone Sebastian. „Publishing Freedom: African American Editors and the Long Civil Rights Struggle, 1900-1955“. Diss., Temple University Libraries, 2012. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/182270.
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African American StudiesPh.D.
The writings and the experience of independent African American editors in the first half of the twentieth century from 1901 to 1955 played an invaluable role in laying the ideological groundwork for the Black Freedom movement beginning with the Montgomery Bus Boycott. The anti-imperialist writings of Pauline Hopkins who was literary editor of the Colored American Magazine from 1900 to 1904 celebrated revolutionary leaders, and adopted an independent course that refused partisan lines, which prompted her replacement as editor according to a letter she writes to William Monroe Trotter. The anti-imperialist writing of A. Philip Randolph as editor of The Messenger from 1917 to 1928, raised the role of labor organizing in the advancement of racial justice and helped to provide future organizers. These individuals founded the Southern Negro Youth Congress an analytical framework that would help organize thousands of Southern workers against the Jim Crow system into labor unions. Based on the letters he wrote to the American Fund For Public Service, Randolph raised funds by appealing to the values that he believed Fund chair Roger Baldwin also valued while protecting individual supporters of The Messenger from government surveillance. The anti-imperialist writing of Paul Robeson as chair of the editorial board of Freedom from 1950 to 1955 could not escape McCarthyist government surveillance which eventually caused its demise. However not before including an anti-fascist editorial ideology endorsing full equality for African Americans that inspired plays by Alice Childress and Lorraine Hansberry that imagined a world that defies the increasingly fascist rule of the American state. This thesis will argue that the Black Freedom Struggle that developed after the fifties owed a great deal to Hopkins, Randolph, and Robeson. The work that these three did as editors and writers laid a solid intellectual, ideological, and political foundation for the later and better known moment when African American would mobilize en masse to demand meaningful equality in the United States.
Temple University--Theses
39
Sayers, Debbie. „Human rights and criminal justice in the European Union : making rights real in the area of freedom, security and justice“. Thesis, University of Essex, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.537943.
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40
Hashemi, S. Ahmad. „The question of freedom within the horizon of the Iranian Constitutional Movement (1906-1921)“. Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:74388230-d9c6-4c17-850b-bdbceaa0848b.
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The present DPhil research attempts to develop an appropriate method for the historiography of ideas by taking into consideration cultural, linguistic and socio-political limitations and obstacles to free thinking in a predominantly closed society like Qajar Iran. By applying such a method the study then investigates the history of the idea of freedom in Iran during one of the most important periods in the evolution of this concept. The research method is grounded in a hermeneutical interpretation of Collingwood's logic of question and answer. It also employs MacCallum's meta-theoretical frame of analysis which states that freedom is always of something (an agent or agents), from something (conditions), to do something (actions). Using this methodological framework, the research shows how most locutions about freedom uttered in the last century of the Qajar period were formed within the horizon of the question of decline and were somehow related to remedy such situations. It then explores how late Qajar interpretations of the three variables of freedom manifest themselves in the socio-political life of early 20th century Iran. During the first constitutional period (August 1906-June 1908), the major concern of the first majlis was to establish the rule of law. In legislating the constitution and its supplement, the majority of the majlis believed that the main obstacle to freedom was arbitrary rule. Therefore, they endeavoured to restrain the government’s illegal and arbitrary interferences in the people's freedom. However, they did not develop a rational criterion for identifying legitimate and justifiable legal interferences. During the second constitutional period (July 1909– February 1921), the main concern of the second majlis was to restrain chaos and to strengthen the central government in order to put an end to domestic insecurity and foreign threats. To rectify such a situation, the majlis empowered the government to interfere even in the freedoms guaranteed by the constitution. As a result, the situation began to turn from chaos towards arbitrary rule. The research also argues that in most of their interpretations of the aim of freedom, constitutionalists considered an action permissible only if it was compatible with public interest as well as the material and spiritual progress of individuals and society. Theoretically, the aim of freedom could not have been the doing of an action that harmed another person or violated his/her freedom. Furthermore, 'the right to be wrong,' even if it harmed no one, was never defended. Nonetheless, in practice, freedom turned into chaos and licence in both the first and in the second constitutional periods. Finally, this study investigates how the Iranian pioneers of the freedom-seeking movement responded to the question of the eligibility of the agent of freedom, and the question of the equality of agents in having freedom. Iranian society was taking its first steps in experiencing the rule of law and had a long way to go to rectify its discriminatory culture and to establish equal rights. In such conditions, accepting a set of equal fundamental rights for all Iranians should be considered a great achievement for the constitutional movement.
41
Lemire, Louis. „Protection of trade union freedom of association under the International Labour Organisation and under the Canadian Charter of Rights and Freedoms“. Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/6018.
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Dlamini, Dumsani. „The right to freedom of association in Swaziland : a critique“. Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8007.
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This study argues that the right to form political parties remains elusive in Swaziland in spite of the country’s claim that it is democratic.
Discusses the following issues: (1) Whether political pluralism is the only means of actualising the right to freedom of
association, and (2) whether the limitation imposed on the right to freedom of association by section 79 of the
Constitution of Swaziland is justifiableThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Henry Ojambo, Faculty of Law, Makarere University, Uganda
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
43
Hamilton, Michael James. „Rights, relationships and the struggle for recognition : parade disputes and public order law in Northern Ireland“. Thesis, University of Ulster, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.288819.
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44
Ddamulira, Mujuzi Jamil. „Safeguarding the right to freedom from torture in Africa: the Robben Island guidelines“. Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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When African states were under colonisation, the colonial masters violated the rights of the African people &ndashmen, women and children- with impunity. The protection and promotion of human rights was, however, not high on the agenda of African countries at independence. This is reflected in the 1963 Charter of the Organisation of African Unity, which does not accord the promotion and protection of human rights the status they deserve. The preamble to the OAU Charter states that the states are to promote international cooperation having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights. It is against that background, that many African states violated human rights in the immediate post-independence era and continue to do so.
More recently, African countries have taken steps to follow the world trends of the promotion and protection human rights. This has resulted in the adoption of the African Charter on Human and Peoples&rsquo
Rights (that has mechanisms of ensuring that human rights are promoted and protected in Africa), the desire to establish the African Court on Human and Peoples&rsquo
Rights, the adoption of the African Charter on the Rights and Welfare of the Child, the Grand Bay Declaration, the Protocol on the Rights of Women, and the adoption of the Constitutive Act of the African Union. The Constitutive Act of the African Union emphasises the protection and promotion of human rights.
However, one scholar has doubts whether by adopting the Constitutive Act of the African Union African leaders were genuinely committed to the protection and promotion of human rights and he is of the view that the &lsquo
treaty could actually provide a cover for Africa&rsquo
s celebrated dictators to continue to perpetrate human rights abuses.&rsquo
Torture continues to feature as a serious human rights violation in Africa. This explains why during its 32nd ordinary session held in Banjul, The Gambia, the African Commission on Human and Peoples&rsquo
Rights (the African Commission) resolved to adopt the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (The Robben Island Guidelines (RIG)). This is a new development in Africa aiming at &lsquo
operationalising&rsquo
article 5 of the African Charter. The RIG are phrased in a seemingly ambitious language but their implementation by the African States remains doubtful because they are not legally binding. This has to be viewed in the light of the fact that many African countries are States Parties to major regional and international human rights instruments but human rights violations still persist.
45
Byrne, John Alexander (Alex). „The politics of promoting freedom of information and expression in international librarianship“. University of Sydney. Government and International Relations, 2003. http://hdl.handle.net/2123/555.
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In 1997 the International Federation of Library Associations and Institutions (IFLA) initiated a project to promote and defend the right to information. This decision to engage proactively with human rights was a radical expansion of the profession�s self-conception. Applying an action research methodology, this study traces the development and implementation of the Free Access to Information and Freedom of Expression (FAIFE) initiative. It traces the origins of the decision, and assesses the outcomes of its first five years as it developed from a project into a continuing and central program of the Federation. Both the internal effects on IFLA and the consequences of the project for the profession of librarianship are explored. The thesis locates the key decision in the history of librarianship, its growth as a profession paralleling the development of libraries as institutions. In turn, the decision is also located in IFLA�s own history, and the way it survived and worked to advance the ideas and tools of librarianship amid difficult and changing international environments. The politics of professionalism is at the core of the study. The disturbing innovation which FAIFE represented took IFLA outside its traditional focus on the status and techniques of the profession, postulating a new role for the Federation. By investing librarianship with a higher responsibility, it has gone further than the now widely accepted expectation that professionals will place community interests before organisational and personal interests at all times. The responsibility to promote the fundamental human right to information has been embraced as the key principle underlying and informing library and information service, the touchstone for evaluating professional priorities. This locates the primary purpose of the profession outside the profession�s institutional base in a supranational, absolute and almost universally recognised social goal. Adopting these aspirations and this role carried many dangers for IFLA. It would inevitably seem a deviation into politics by some. It heightened the risks of both internal dissent and external criticism. It challenged the habitus of disinterested professionalism by invoking a more interventionist social responsibility for IFLA, its constituent library associations and the broader profession. It drew on evolving and contested understandings of professional responsibilities in a complex global environment and has redrawn the accepted boundaries of professional discourse in librarianship. At least so far, the consequences have been beneficial for IFLA, reinforcing its jurisdiction and strengthening the Federation. As an international federation of professional associations, IFLA faces particular challenges in working across diverse national traditions, ideologies and cultures. Its existence and effectiveness rest primarily on internal cohesiveness. Its capacity to develop the FAIFE initiative into a program without schism, and indeed with growing support, has strengthened rather than weakened its organisational capacities. Through that process IFLA has reinvented itself, to a considerable degree, as a form of transnational social movement organisation. It has developed strong relationships with other civil society organisations while maintaining its position as a respected international professional body. It has strengthened its position by becoming a vigorous advocate for the right to information, thereby becoming an actor in the growing international concern with human rights. This study of a decisive period in IFLA�s history offers a rare example of an international professional association in transition. In examining this project to promote unrestricted access to information as the reciprocal right of freedom of expression, the research is a case study of the politics of an expanding sense of professionalism. IFLA�s experience is pertinent to a range of other organisations, and is itself part of the realignment of international political discourse in response to the growing influence of international organisations and the priority of human rights in international political agendas.
46
Lowe, James Joseph Greaves. „Freedom of artistic expression under Article 10 of the European Convention on Human Rights“. Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/23442.
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Under the auspices of Article 10 of the European Convention on Human Rights the right to freedom of expression is said to be held by everyone and to include the freedom to hold opinions and to receive and impart information and ideas without interference by public authority, subject to the limitation clauses outlined in Article 10(2). Whilst the text of Article 10 therefore makes no explicit reference to specifically artistic expression, the European Court of Human Rights has, in its interpretation of ‘information and ideas’, nevertheless accepted that artistic expression does indeed fall within the ambit of Article 10’s protection of freedom of expression. However, despite the Court recognising artistic expression as a form of expression within the framework of Article 10, conclusions reached in the early case law concerning the issue of controversial artworks would appear to suggest the judicial creation of an implicit hierarchy of expression under which artistic expression is seen to enjoy a relatively low level of protection. Given the non-differentiated articulation of the right to freedom of expression enounced in the text of Article 10, the creation of such a hierarchy of expression is therefore a cause for doctrinal concern. In seeking to assess this misnomer the thesis’ analysis of the treatment of artistic expression under Article 10 of the European Convention on Human Rights may be distilled in to two component parts. Firstly, a theoretical basis will be established from which artistic expression may be located within the context of the discourse pertaining to freedom of expression more generally. Having confirmed that, whilst of a distinctive, sui generis nature, artistic expression may indeed constitute ‘expression’ for the purposes of freedom of expression doctrine the second part of the thesis will examine the particular question of artistic expression’s treatment under Article 10 of the European Convention on Human Rights.
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Lubano, Christine Noella. „The application of fundamental rights to private relations in Kenya: striking a balance between fundamental rights and the freedom of contract“. Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4715.
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Sundara, Rajan Mira T. „Moral rights and creative freedom : a study of post-Communist law reform in Russia“. Thesis, University of Oxford, 2003. https://ora.ox.ac.uk/objects/uuid:122cdd46-230a-42a3-b163-59e60c128dbb.
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This thesis explores the relationship between law reform and social transformation in post-socialist countries. It deals with the doctrine of the moral right of the author, an aspect of copyright law that seeks to protect the personal interests of an author or artist in his creative work. The thesis argues that moral rights can make an important contribution to democratisation in the post-socialist world. The doctrine of moral rights helps to provide adequate and appropriate protection for creative freedom, an unequalled source of diversity and integrity in the realm of ideas - the very essence of democratic values. In spite of their importance for post-socialist countries, moral rights have not been a focus of copyright reform. Rather, new copyright laws reflect the pressure to conform to international standards, especially those set by the World Trade Organisation (WTO). The WTO considers copyright to be an area of commercial regulation with crucial implications for the international trade regime; its personal and cultural aspects, especially moral rights, are viewed with suspicion. As a result, moral rights have not been emphasised in post-socialist law reform, and, more generally, there has been little investigation of their implications for the special needs of transitional and economically less-developed countries. To illustrate this situation, the thesis undertakes a detailed study of moral rights in Russia. It shows that Soviet Russia had developed legal protection for moral rights in its copyright law. However, the extreme censorship practices of an autocratic state meant that moral rights had little practical value for authors and artists. Instead, their potential contribution to creative freedom remained virtually unrealised. In post-Communist times, law reform has focussed on bringing Russian copyright law into line with WTO requirements. However, given the importance of creative freedom for social change in post-Communist Russia and the special suitability of moral rights doctrine to protecting creativity, Russia should now reconsider its treatment of moral rights. This thesis argues that moral rights should be an integral part of copyright law and policy in all post-socialist countries. It goes on to suggest that the development of moral rights after socialism will be facilitated by new conceptual approaches to the doctrine. In particular, a consideration of the manipulative treatment of authors and artists, and the passive role of copyright law in socialist society shows moral rights to be closely aligned with freedom of creativity. The thesis proposes a "new" model of moral rights for post-socialist societies, based on the close relationship between the moral rights of authors and the human right to free creative expression. This model is not only relevant to the post-socialist world; it also provides a new way of looking at moral rights in the international community, which faces an authentic, though largely unacknowledged, need to affirm the humanistic values inherent in culture and creativity.
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Karvelas, Nic. „Exploring the human rights understandings of educators“. Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/24218.
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The Bill of Rights (Constitution of the RSA, Act No. 108 of 1996) is a cornerstone of democracy in South Africa. It enshrines the rights of all people in the country and affirms the democratic values of human dignity, equality and freedom. As a legal instrument the Bill of Rights is open to differences in interpretation and understanding. The understanding and interpretation that educators attach to the rights contained in the Bill of Rights is of vital importance as it will determine how the upcoming generation will interpret and give meaning to these rights. The purpose of this study was to explore the human rights understanding of the educators at a Catholic school, and then to determine whether the understanding that these educators have about human rights concurs with the existing literature and where applicable, judgements of the Constitutional Court. A case study approach was undertaken with eight primary school educators at the school and using the evidence, collected from interviews conducted, the study found that as much as the understanding of the participants was generally in line with the literature and the Constitutional Court judgments, their understanding is largely theoretically based. As much as the participants have a clear understanding of the different rights, are able to attach meaning that is in line with universal definitions and does not transgress the legal bounds, the emergence of the nuanced opinions indicates that this understanding is limited by the values, traditions and societal norms that the participants associate themselves with and could lead to intolerance. In the final analysis, human rights and its associated concepts is defined and understood by individuals and groups of people in different ways. This understanding of human rights is intrinsically linked to culture, values, norms and societal perceptions. As a result, the understanding of this concept will differ from person to person and culture to culture. It is however possible that in many instances these different understandings are no more than different cultural and religious expressions of the same fundamental principles. As long as these different cultural and religious practises remain within the boundaries of the law, are not imposed on others and do not lead to intolerance, they should be respected and allowed to continue. These differences in interpretation, understanding and practise not only contribute to the ongoing debate around human rights and its associated concepts but in addition, contribute to the nurturing of democracy and freedom in South Africa. Where these differences in understanding, interpretation and practise become a contentious issue that cannot be resolved by the parties independently, as was the case in Christian Education SA v Minister of Education-CCT 4/00, the Constitutional Court can be approached in order to test the different understandings / interpretations and make an appropriate ruling on the matter.Dissertation (MEd)--University of Pretoria, 2006.
Education Management and Policy Studies
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Marniari, Kadek. „Is a right to abortion protective of women's reproductive health? : exploring a human rights dynamic of abortion law reform in Indonesia /“. Oslo : Faculty of Law, Universitetet i Oslo, 2008. http://www.duo.uio.no/publ/jus/2008/80151/Thesis_DUO.pdf.
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