Dissertations / Theses: 'Childrens human rights'

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Komboki, Lancing Marika. "The Intersex Baby - From a Social Emergency to a Human Rights Challenge." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21824.

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This paper aims to shed light on the intersex infant, a baby born with an unclear gender. The main goal of the paper is to discuss whether unnecessary gender normalizing surgeries on infants, also called intersex genital mutilation (IGM) that is not necessary to preserve the life or physical health of the infant is in the best interest of the child. Legal method will be used to frame the topic in a legal context and discourse analysis in combination with content analysis will be applied in order to understand the transformation of intersex, from being a social emergency to becoming a human rights issue. The use of the concept, the best interest of the child will serve as an analytical framework together with a theoretical framework consisting of queer theory. Together it will help to map out the human rights challenges regarding IGM as a socially constructed medical product that needs to be highlighted and prevented in order to secure the rights of the child. Hopefully, the concluding results will contribute to further awareness on the issue of unnecessary infant intersex surgery and frame it in a human rights context.

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2

Le, Roux Lucinda. "Harmful traditional practices, (male circumcision and virginity testing of girls) and the legal rights of children." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2495_1183427463.

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In South Africa the practice of virginity testing is most prevalent in KwaZulu-Natal amongst the Zulu and Xhosa. Proponents of the practice claim that some of the benefits include the prevention of the spread of HIV/Aids as well as teenage pregnancy and the detection of children who are sexually abused by adults, amongst others. In South Africa most black males undergo an initiation when they are approximately 16 years old to mark the transition from boyhood to manhood. Male circumcision is also performed as a religious practice amongst the Jews and Muslims.

A number of human rights groups in South Africa, including the Commission on Gender Equality (CGE) as well as the South African Human Rights Commission (SAHRC) has called for a total ban on the practice of virginity testing on the basis that it discriminates against girls, as the practice is carried out predominantly amongst teenage girls. The CGE and SAHRC are particularly concerned about the potential for human rights violations of virginity testing.

The problem with traditional male circumcisions in South Africa is the number of fatalities resulting from botched circumcisions and the spreading of sexually transmitted diseases through unhygienic procedures and unqualified surgeons. Also of concern are other hardships often accompanied by traditional circumcisions such as starvation, frostbite, gangrene and infection amongst other health related injuries. Thus, according to human rights activists, when carried out in these circumstances, traditional male circumcisions have the potential to violate a number of rights aimed at protecting boys including the right to physical integrity and life, in cases of the death of an initiate.

South Africa has also ratified a number of international treaties aimed at protecting children against harmful cultural practices such as the United Nations Convention on the Rights of the Child (CRC), the African Charter on the Rights and Welfare of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). As such it has been argued by rights groups that virginity testing as well as male circumcisions carried out in the conditions set out above have the potential to violate a number of provisions contained in international instruments aimed at protecting the dignity of children.

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3

Gal, Tali, and tali gal@anu edu au. "Victims to Partners: Child Victims and Restorative Justice." The Australian National University. Research School of Social Sciences, 2006. http://thesis.anu.edu.au./public/adt-ANU20061114.100521.

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Children belong to one of the most vulnerable population groups to crime. Child victims of crime have to overcome the difficulties emerging from their victimization as well as those resulting from their participation in the adversarial criminal justice process. Child victims are typically treated by legal systems as either mere witnesses -- prosecutorial instruments -- or as objects of protection. Children's human rights and their needs beyond immediate protection are typically ignored. ¶ This thesis combines an examination of children's human rights (articulated largely in the UN Convention on the Rights of the Child) with a review of psycho-social literature on children's needs. It integrates the two disciplines thus creating a `needs-rights' model regarding child victims. This model is then used to evaluate the criminal justice process and its successes (and failures) in meeting the needs and rights of child victims. Such an integrated needs-rights evaluation identifies not only the difficulties associated with testifying in court and being interviewed multiple times. It goes beyond these topical issues, and uncovers other shortcomings of the current legal system such as the lack of true participation of child victims in the decision-making process, the neglect of rehabilitative and developmental interests of victimized children, and the inherent inability of the adversarial process to seek proactively the best interests of child victims. ¶ The thesis further explores an alternative to the criminal justice process -- that of restorative justice -- and examines its applicability to child victims. Unlike the criminal justice paradigm, restorative justice fosters the equal participation of the stakeholders (in particular victims, offenders and their communities), and focuses on their emotional and social rehabilitation while respecting their human rights. To explore the suitability of restorative justice for child victims, five restorative justice schemes from New Zealand, Australia and Canada and their evaluation studies are reviewed. Each of these schemes has included child victims, and most of them have dealt with either sexual assaults of children or family violence and abuse. Yet each of the evaluated schemes illuminates different concerns and proposes varying strategies for meeting the needs-rights of child victims. ¶ While these schemes demonstrate the significant potential of restorative justice to better address the full scope of the needs and rights of child victims, they uncover emerging concerns as well. Therefore, in the last part of the thesis, the needs-rights model is used once again to derive subsidiary principles for action, to maximize the benefits of restorative justice for child victims and minimize the related risks. A complex set of needs and rights is managed by a method of grouping them into needs-rights clusters and deriving from them simple heuristics for practitioners to follow. This clustering method of needs-rights-heuristics is a methodological contribution of the research to the psychology of law.

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Achan-Okitia, Patricia. "The internal displacement crisis in Africa : implementation of national and international law on the child marriage phenomenon in Uganda." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5276.

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This research focuses on the role that International Human Rights Law, policy and legislation should play in the protection of the rights of internally displaced children against child marriage. This thesis examines international treaties and domestic laws that purport to prohibit the practice of child marriage with particular attention to laws relating to the protection of internally displaced children (IDPs).
Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law of the University of Pretoria, in partial fulfilment of the requirements for the degree of Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Lana Baydas at the Department of Law, American University in Cairo, Egypt. 29 October 2007
www.chr.up.ac.za
Centre for Human Rights
LLM

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Fernandes, Rita Maria Sousa. "A pobreza Infantil e os direitos humanos." Master's thesis, Instituto Superior de Economia e Gestão, 2006. http://hdl.handle.net/10400.5/18924.

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Mestrado em Economia e Política Social
O objectivo desta dissertação é construir um conceito de pobreza infantil na perspectiva dos direitos humanos das crianças, a partir do qual se possa contribuir para a reflexão teórica em termos de conceptualização e medição do fenómeno. Nesta dissertação, a pobreza infantil é entendida como a negação dos direitos humanos fundamentais das crianças, resultante da escassez ou ausência de recursos económicos, materiais e imateriais. A pobreza infantil é encarada como um estado de privação em termos de bem-estar definido em função desses direitos humanos. O ponto de partida desta investigação consistiu na formulação de três questões essenciais para o estudo do fenómeno: 1) Quais são as especificidades da criança e da infância que justificam o estudo da pobreza infantil de forma autónoma ao da pobreza em geral? 2) Qual o conceito de pobreza infantil? 3) Quais os indicadores mais relevantes para medir a pobreza infantil de acordo com o conceito definido? Na primeira parte desta dissertação, apresentam-se algumas das principais abordagens sobre a criança e a infância, essenciais para compreender a análise sobre a pobreza infantil. Esta opção alerta para a necessidade de desenvolver abordagens mais amplas do fenómeno, onde a escassez de rendimento é apenas um dos aspectos relevantes. Na segunda parte, constrói-se o conceito de pobreza infantil na perspectiva dos direitos humanos das crianças. A Convenção sobre os Direitos da Criança das Nações Unidas faculta o quadro legal necessário para a abordagem multidimensional do fenómeno. A avaliação da situação de pobreza infantil, enquanto estado de privação, pressupõe a observação directa do bem-estar das crianças, no sentido de identificar as que estão abaixo de um padrão de bem-estar mínimo socialmente aceite. Assim, na terceira e, última parte, apresenta-se um conjunto de indicadores específicos com vista à aferição directa das situações de privação existentes.
The purpose of this dissertation is to elaborate a concept of child poverty based on the human rights of children. The main goal is to contributo to the theoretical thinking of the conceptualisation and measurement of the phenomenon. In the following dissertation, the concept of child poverty refers to the denial of children s fundamental human rights, resulting from lack of access to economic, material and non- material resources. Child poverty is understood as a situation of deprivation from a standard well-being, which is determined according to those human rights. Three questions essential to the study of the phenomenon frame the starting point of this research: 1) which are the specificities of the child and their childhood justifying an approach to child poverty different and independent from poverty analysis? 4) What is the concept of child poverty? 3) Which are the most relevant indicators for child poverty measurement, more adequate to the concept presented? The first part of this dissertation presents the main approaches on the child and their childhood, essential to understand the relevance of a concrete analysis of child poverty. This option emphasises the need for development of wider approaches, where low income is but one dimension. The second part develops the concept of child poverty based on the human rights of children. The 1989 United Nations Convention on the Rights of the Child sets the required normative framework for the multidimensional approach of the phenomenon, The identification of a situation of child poverty as a state of deprivation implies a direct observation of children s well-being. The aim is to identify those children bellow a socially accepted minimum standard of well-being. Hence, the third and last part of the dissertation focuses on the presentation of a set of specific indicators to measure existing situations of deprivation.
info:eu-repo/semantics/publishedVersion

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Bediako, Evans Osei. "Children`s Participation in Community Decision-Making Processes : Empirical Support for Children`s Rights in Ghana." Thesis, Norges teknisk-naturvitenskapelige universitet, Psykologisk institutt, 2012. http://urn.kb.se/resolve?urn=urn:nbn:no:ntnu:diva-18252.

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Looking at the scientific research data lacunae in the area of children’s participation in community decision-making processes in the context of festival and community forum in Ghana, this research was aimed to bridge the gap. The research was conducted in Techiman municipal of Ghana, using qualitative methods of interviews and focus groups to explore the traditional leaders’ and junior high school children’s perspectives on socio-cultural tenets and rights towards children’s participation in community decision-making. Interpretative Phenomenological Analysis (IPA) and content analysis approach were used to analyse the data from the experience of the (11) participants; 10 children and 1 traditional chief. The results from these analyses indicated that age (gerontocracy) and religiosity with their values such as respect and obedience, influenced children’s perceptions of their participation in community Apoo festival and community forum for decision making. It also revealed that children are aware and have knowledge about their legal rights, but their knowledge are mixed up and are limited in scope. In all, community Apoo festival appeared in the results as holding a special potential to children’s liberty rights and helps to break the hierarchy of powers between elders and children as well as cultural norms affecting children. Implications for community psychologists and actors in the field of children’s rights and policy were offered on how festival can be used to influence and to teach children about participatory rights.

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Flanagan, Frank M. "Rights, parents, children, and communities : some educational implications." Thesis, University of Hull, 1998. http://hydra.hull.ac.uk/resources/hull:3761.

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In this work I wish to address some philosophical difficulties regarding the extension of rights to children. In particular I wish to draw attention to the difference between the freedom rights which are traditionally assigned to rational, autonomous persons and the welfare rights children need if they are to become rational, autonomous persons. These reservations include reservations about the centrality of rationality and autonomy to possession of rights. My thesis is that insofar as various versions of rights apply to children they apply with specific qualifications which derive from the differences between children and adults.

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Altun, Damla. "Nietzsche And The Human Rights." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/12607696/index.pdf.

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Today the conception of human rights is an idea that preserves its intransitive, inalienable and indivisible quality with a cross-cultural reference. The idea of human rights, entering our lives from the 18th century onwards, has gained a worldwide recognition through the Universal Declaration of Human Rights. The idea occupies place both at the level of rules and principles as a project and at the level of our daily problem solutions, modifications and the daily course of our lives as a pragmatics. The political framework provides the idea of human rights such a justification that it constitutes a significant part of our decisions, thoughts and actions. On the other hand, the grounds of the idea has been questioned as a part of the Enlightenment project since it was first articulated and especially in recent decades certain radical criticisms originating from Nietzche&rsquo
s thought became prevalent. The thesis questions this easy alliance between Nietzsche and radical attacks to human rights thought. In the first chapter, I first provided a brief historical overview of the idea of human rights. Then, I had a closer look towards the principles of universality, equality, autonomy and is-ought distinction with special reference to Kantian formulations of these concepts and in the second chapter, I elaborate Nietzsche&rsquo
s perception of these same principles and our understanding of conventional morality in general, to reach an articulated answer to the question: Would Nietzsche be categorically against human rights? I conclude that his philosophical attitude to these four principles differ from each other. In this context the thesis regards Nietzschean informal structures over the Kantian formal ones as complementary for a full grasp of the idea of human rights by offering a connection of the transitionality between Kant and Nietzsche.

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Sutton, Nikeeta Louise Joan. "Statelessness and the rights of Children in Kenya and South Africa: A Human Rights Perspective." University of the Western Cape, 2018. http://hdl.handle.net/11394/6517.

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Magister Legum - LLM
Stateless children and those at risk of becoming stateless has been an ongoing issue both on a domestic level as well as internationally. In many African countries children face discriminatory and arbitrary nationality laws as a result of which they are not registered and granted citizenship in their country of birth or where they are found or undocumented. Thus, children continue to be stateless and will not be able to register their own children once they become parents. As a result, this creates an issue of transgenerational statelessness which will continue indefinitely and as such, requires attention and action both on a domestic and international level as a matter of urgency. While laws have been enacted in the aim to protect stateless children or children at risk of becoming stateless, the lack of guidelines in the implementation thereof creates a difficulty for children to acquire a nationality. States in this regard have the responsibility to create mechanisms to facilitate the implementation of laws especially when dealing with vulnerable groups such as stateless children.

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10

Wik, Michaela. "Children´s consent to medical treatment : with emphasis on essential treatments and the procedural protection of children´s rights." Thesis, Stockholms universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-109664.

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11

Brömdal, Annette. "Intersex - A Challenge for Human Rights and Citizenship Rights." Thesis, Södertörn University College, School of Social Sciences, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-890.

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The purpose with this dissertation is to study the Intersex phenomenon in South Africa, meaning the interplay between the dual sex and gender norms in society. Hence, the treatment by some medical institutions and the view of some non-medical institutions upon this ‘treatment’, have been studied in relation to the Intersex infant’s human rights and citizenship rights. The thesis has moreover also investigated how young Intersex children are included/excluded and mentioned/not mentioned within South Africa’s legal system and within UN’s Convention on the Rights of the Child.

Furthermore, because Intersex children are viewed as ‘different’ on two accounts – their status as infants and born with an atypical congenital physical sexual differentiation, the thesis’ theoretical framework looks at the phenomenon from three perspectives – ‘the politics of difference’, human rights, and citizenship rights directed towards infants. The theoretical frameworks have been used to ask questions in relation to the empirical data, i.e. look at how the Intersex infants are ‘treated’ in relation to their status as ‘different’; and also in relation to the concept of being recognized, respected and allowed to partake in deciding whether to impose surgery or not. Moreover, what ‘treatment’ serves the best interest of the Intersex child? This has been done through semi structured interviews.

In conclusion, some of the dissertation’s most important features are that since the South African society, like many other societies, strongly live by the belief that there are only two sexes and genders, this implies that Intersex infants do not fit in and become walking pathologies who must be ‘fixed’ to become ‘normal’. Moreover, since most genital corrective surgeries are imposed without being medically or surgically necessary, and are generally imposed before the age of consent (18), the children concerned, are generally not asked for their opinion regarding the surgery. Lastly because early corrective surgery can have devastating life lasting consequences, this ultimately means that the child’s human rights and citizenship rights are of a concern. These conclusions do however not ignore the consequences one has to endure for the price of being ‘different’.

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Kisinza, Mercy-Grace Lameck. "An evaluation of the law and practice in Tanzania in realising the rights of vulnerable children in street situations." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15208.

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This dissertation examines the plight of children in street situations in Tanzania. It also examines the obligations the State owes to children in street situations, what it has done to fulfil those obligations. It analyses the effectiveness and impact of the steps and actions undertaken to fulfil the obligations towards children in street situations.

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Madamombe, Patience Ratidzo. "Protecting the identity and other rights of children born in 'foreign lands' to irregular migrant parents." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15205.

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Children born in foreign territories to parents who are non-nationals are being deprived of the right to nationality, which in turn affects them from exercising other rights which are articulated in human rights instruments. When their births are not registered it means that they do not have birth certificates and in future they will be unable to acquire documents like identity documents and passports. Sometimes even if their births are registered, it is difficult for them to enjoy the other rights because national laws do not accommodate them. Even though all children's rights should be equally protected, this research will focus on children born to at least one parent who is an irregular migrant, and will analyse how this affects their access to the rights to education and health.

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Liedeman, Jamie-Lee. "Protecting foreign children within South African borders: an evaluation into unaccompanied and undocumented foreign minors in South Africa." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/26953.

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The main objective of the study is to investigate which policies are already in place pertaining to unaccompanied, separated and migrant children in South Africa. Children migrate to South Africa from neighbouring countries as Mozambique and Zimbabwe but also from countries as far away as the Democratic Republic of South Africa, without their parents or guardians. South Africa has developed legal and policy measures for securing the rights of children. Are these measures consistent with existing international frameworks and standards? Also, to what extent are these policies being used to resolve the problems unaccompanied children face? Related to this question is the issue of implementation. The thesis considers how the responsible departments and state officials such as Magistrates, social workers, police officials and the Department of Home Affairs implement these policies. This minor dissertation would then make some recommendations to the South African government.

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Korula, Anna Rebecca. "The protection of children in armed conflict : The Implementation of Human Rights Regimes." Thesis, University of Exeter, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503402.

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Mycroft, Michaela. "Is the right to education for children with disabilities in South Africa sufficiently protected, promoted and supported by the government?" Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/30876.

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Disability in South Africa is a complex issue to understand and address. Society is structured in such a way that ableism persists, creating ongoing challenges for minority groups such as those living with a disability. In the light of the above, this dissertation examines the right to education for children with disabilities. This dissertation has a narrowed focus, through a desktop study investigating legislation and policies addressing and supporting the right to education in South Africa. If the right to education is effectively addressed, it could lead to improved access to equality, dignity and freedom for children with disabilities, as enshrined in the Constitution. Civil society organisations have become increasingly involved in supporting and promoting the right to education for children with disabilities, to ensure that children with disabilities can and do access their basic rights, when government fails to provide for equitable realisation of this right. I propose that the government has accepted responsibility to meet its obligation1 to provide equal education opportunities for children with disabilities in South Africa through signing international and regional treaties but is ineffective in doing so. However, the pervasiveness of ableism is a major barrier to implement this obligation. As a result institutions such as civil society have been ‘required’ to fill the gap to avoid further marginalisation of children with disabilities and violation of their human rights.

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Chilemba, Enoch MacDonnell. "The national implementation of international human rights law pertaining to children with disabilities in selected jurisdictions in Africa." Thesis, University of Western Cape, 2014. http://hdl.handle.net/11394/3775.

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Doctor Legum - LLD
This thesis considers two jurisdictions, namely Malawi and South Africa, and attributes the problem to the lack of appropriate national implementation of the applicable human rights law by these states. Consequently, the study is based on the underlying assumption that one of the main ways of addressing this problem is for African states to undertake measures that comply with international standards for ensuring the appropriate national implementation of the applicable international human rights law.

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Brom, Charlotte. "The human rights of the child : the case of street children in Central America." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78205.

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Street children in Central America are largely denied protection of their human rights. They live in difficult situations of poverty, inappropriate work and neglect, and thus are not able to enjoy most of their rights and basic needs.
The international framework for children's human rights law, composed primarily of the Convention on the Rights of the Child and the principles inherent to it, can be described as based on a doctrine of integral protection, a notion developed primarily by Central American legal scholars. At the same time, however, most Central American states ignore their obligations to conform their domestic legislation to these standards.
This thesis is meant to provide Central American countries with guidelines captured by a model referred to as UPPP2. Its main objective is for States to acknowledge that the plight of street children needs to be understood; prevented by adequate domestic legislation; and requires protection by effective implementation and provision of justice.

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Mahery, Prinslean Sandra. "Children's health service rights and the issue of consent." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1858_1223452795.

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Although the concept of human rights is very much accepted as part of human existence throughout the world today, there is still much controversy surrounding the idea of rights for children. The Constitution, however, not only recognises the fact that like all other members of society, children are capable of being bearers of human rights but emphasises also the special position of children in society by granting them specific rights in the Constitution. Health rights are particularly important for children as the entitlements and obligations created by such rights are necessary for children to realise their full potential. In this thesis the entitlements and obligations attached to children'shealth service rights in the COnstitution are explored.

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Kottow, Lang Miguel. "Bioethics and right (s): some perspectives." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118570.

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Interrelations between bioethics and human rights have been debated ever since this applied ethics has developed over the last 50 years. Persistent controversies regarding the Universal Declaration of Human Rights, the disciplinary status of bioethics, and their interaction as presented by the Universal Declaration on Bioethics and Human Rights, all require renewed reflection. Theoretical debates have had to face the reality of global social issues with their tendency to maintain, even naturalize, social, regional and transnational inequalities, in the weakened moral climate of late modernity’s individualism, the dominance of neoliberalism, and reduced social protection that neglects the common weal. The present article reinforces the need for reflexive bioethical discourse as a crucial element in social practices that tend to be legalized.
La interrelación entre la bioética y los derechos humanos ha sido debatida desde que esta ética aplicada se desarrolla a lo largo de casi cinco decenios. Persistentes controversias sobre la Declaración Universal de Derecho Humanos, el carácter disciplinario de la bioética, y la interacción de ambas propuesta por la Declaración Universal de Bioética y Derechos Humanos, requieren nuevas reflexiones. Los debates teóricos enfrentan la realidad social global que mantiene, e incluso naturaliza, desigualdades sociales regionales y trasnacionales, en un clima moral resentido por el individualismo y la generalización del pensamiento neoliberal, que reduce la protección social y desatiende el bien común. El robustecimiento del discurso bioético reflexivo es planteado en este artículo como elemento primordial en prácticas sociales que tienden a la juridicidad.

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Solakhyan, Marina. "Trafficking of women promoting international human rights norms through prevention, protection, and prosecution (Three "P"s) in Armenia." Ohio : Ohio University, 2007. http://www.ohiolink.edu/etd/view.cgi?ohiou1180096688.

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Connan, Katie. "Improving the international and regional, legal and policy framework in the prevention of sexual exploitation and abuse of women and children by international and regional peacekeepers." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20809.

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This dissertation will examine how an international and regional, legal and policy framework can be used to prevent continuing sexual exploitation and abuse by international and regional peacekeepers. It will examine what the different laws and policies contained within the framework currently articulate about sexual exploitation and abuse of women and children in peacekeeping settings, and evaluate their effectiveness at preventing this kind of misconduct. This dissertation will conclude by exploring how the effectiveness of the overall framework could be further improved.

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Sandin, Cimona. "The Protection of children : the right to family right and how they can conflict." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-27214.

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Abstract This paper examines the right to family life and how it can conflict with the child’s right to protection against harm. The paper examines how the international community views the family and what rights the family has in international law. In addition to this, the paper also looks at the different family structure a family can have and it also examine whether there are a universal definition of family. Furthermore, the paper also talks about the children and the rights afforded to them and how the rights has developed through time. The concept of childhood is a much-debated issue. There have been debates on when the childhood begins but also on when it ends and the views of the States differs somewhat. Childhood is a concept that is heavy with different psychological, physical, religious and cultural believes and practices. When the States was working on the Convention on the Rights of the Child they had to try to consolidate the different views on both the beginning and the end of childhood but it proved to be problematic. To say that the childhood began at conception would have made the convention incompatible with the national law that allows abortion and it could therefore risk that some States did not sign the convention. They therefore made a compromise that meant that the States could keep their own definition on the beginning of childhood. The family as well as the well-being of the child is important and this is reflects in international law. This paper therefore also examines the articles in international and regional treaties concerning the family and the protection of the child. It also examines several cases from the European Court of Human Rights to illustrate how the Court has reasoned in cases where rights of the parents has been in conflict with the children’s rights and best interest. The conclusion drawn from this paper is that no set of rights weigh more than the other. They are both very important and if it is possible, the authorities shall try to balance them with each other. They have to have both what would be best for the child and the parents right to family life in mind. Even if the authorities have to remove a child from the parents care they need to have a reunification of the family as a ultimate goal to work towards.

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Trerise, Vicki Margaret. "Aboriginal children and the dishonour of the Crown : human rights, 'best interests' and customary adoption." Thesis, University of British Columbia, 2011. http://hdl.handle.net/2429/36291.

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Central to the relationship between Canada and Aboriginal children is transgression: the systematic removal of these children from their families in order to eliminate Aboriginality from them, and from their society. Fundamental legal and moral issues are implicated: the sovereignty of the Crown, legality versus legitimacy, the nature of customary law, the legacy of colonialism, and the human rights of children and of minority groups. A constitutional enactment at Confederation created the ‘legal’ power to remove decision making authority from Aboriginal people, and then to actually remove their children by law. This power was first used to place the children in residential schools as part of the colonial project to eliminate Aboriginal culture. It extended into the child protection arena, which has different purposes but arguably the same effect. This use of constitutional authority is examined and found to be contrary to the principles of Canadian constitutionalism. Alternative legal approaches are examined: a ‘principle of continuity’ of customary laws, international recognition of the rights of Indigenous peoples, and positive obligations of the Canadian state, the ‘honour of the Crown’. Custom adoption is a widespread tradition among Aboriginal peoples; it is demonstrated to be the means whereby Aboriginal societies address the safety of their children. Given that this practice has been recognized as an existing Aboriginal right, I explore the thesis that full recognition of a right to engage the customary practice may provide a route to address this fundamental violation. The research undertaken leads to the conclusion that custom adoption includes a decision making process; it is actually the exercise of a customary law jurisdiction. I argue that the authority of this jurisdiction should be explicitly recognized within a pluralist Canada. Related issues are discussed: the ‘best interests of the child’, respective sovereignties, reconciliation, individual and collective goals, and interface between jurisdictions. The failure by Canadian society to comprehend the linkage between the removal of Aboriginal children and the human rights of those children as members of Aboriginal society has done enormous damage. A concrete act of reconciliation is required, by law and by honour.

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Ragnarsson, Mattias, Kim Sjögren, and Daniel Linde. "Off-grid solar power system in Rajasthan, India : Benefaction for children´s rights to education." Thesis, Högskolan i Halmstad, Sektionen för ekonomi och teknik (SET), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:hh:diva-25642.

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This Bachelor’s thesis, financed by scholarships, companies and private individuals, was made as a part of the Energy engineering program at Halmstad University. It investigates the possibilities of solar power plants in India and how it is implemented in reality. The project was made in cooperation with the charity organization AVI, (Adventures and Volunteering in India) and during two months an off-grid solar power plant were installed at their boarding house in Kanwar Pura, India. The boarding house will be home for children during their education. Research of the Indian market and the first system design was made prior to our journey. The solar plant package was bought from an Indian company, Nordic India Solutions. Once the delivery arrived on site, the practical work begun. With help from the company a complete system was successfully installed. The Indian conditions are beneficial for solar power and since 2010 the market has grown rapidly. The National Solar Mission is one of the reasons for this development. Solar power has great preconditions and has a big part in Indian development, towards higher living standards and a decreasing use of coal.

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Güler, Hande. "The Interaction between International Human Rights Law and International Humanitarian Law: Seeking the most effective protection for children in armed conflicts." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21526.

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Since children are particularly vulnerable in armed conflicts, they are conferred legal protection under International law, like in the International Humanitarian Law and International Human Rights Law. Despite of international legislation, the situation of children remains critically worrying with numerous ongoing armed conflicts and instabilities globally. On the one hand, they are assumed special protection, yet on the other hand, they are commonly used as shields or forced into being combatants. The aim of the study is to outline legal areas of ambiguity or inadequacy in the legal framework and see whether they are sufficient in seeking to protect children in armed conflicts. Following relevant conceptual discussions on International Humanitarian Law and International Human Rights Law, the study employs a legal analysis in conjunction with a normative argumentation approach in reference to the works of various scholars. Based on the findings, I conclude that IHL and IHRL are often not adhered to, by state parties in armed conflicts due to a lack of binding power; hence such conventions do not produce the desired result. Since state parties are either in breach of the conventions, or have not yet ratified them, the conventions are not practically effective in protecting children.

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Swart, Sarah Jean. "Unaccompanied minor refugees and the protection of their socio-economic rights under human rights law." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8093.

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The main objective of this study is to investigate the practical treatment of Unaccompanied Minor Refugees (UMR) in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children. The study will focus on the realisation of children’s socio-economic rights in order to measure treatment. This study also seeks to address the obstacles which prevent the full and proper treatment of UMR, and to make recommendations as to how the international community can better regulate the treatment of UMR. In essence, this paper aims to investigate whether there is a discrepancy between the rights of child refugees acknowledged in international law and the situation of UMR in practice, and, if so, how this can be remedied. This paper seeks to show, through the case studies of Ghana and South Africa, that UMR are, to a certain extent, lost in the system
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 Mr E.Y. Benneh of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

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Kihara, Ivy Evonne Wanjiku. "The Impact of Terrorism and Counter-Terrorism on the Right to Education." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1099_1318496212.

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After the 9/11 terrorist attacks in the United States of America, there has been a shift in the policies of many countries to combat terrorism. Terrorism has had a devastating effect on many citizens of the world. These include âthe enjoyment of the right to life, liberty and physical integrity of victims. In addition to these individual costs, terrorism can destabilise Governments, undermine civil society, jeopardise peace and security, and threaten social and economic development.â1 All of these also had a real impact on the enjoyment of human rights. Therefore the fight to curb further terrorist attacks is paramount. States are charged with the responsibility of curbing terrorism by their citizens. But with responsibility comes obligations to the citizenry.2 States should therefore not engage in policies or actions that further deprive others of their enjoyment of human rights. This is well put by Hoffman when he says âhistory shows that when societies trade human rights for security, most often they get neither.

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AlMatrooshi, Ali Mohammed Juma Majed. "A critical evaluation on combating child sexual abuse and the limitations of international law : a case study of United Arab Emirates." Thesis, Brunel University, 2018. http://bura.brunel.ac.uk/handle/2438/16913.

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Child sexual abuse is a heinous crime. It consists of a variety of pernicious practices which include, but are not limited to, online child pornography, rape and incest. Globally, an estimated 15 million female adolescents have been coerced into sex during their lifetime, whilst the figure for boys is unknown.1 In many instances, this crime is perpetrated by those who are closest to the victims. Child victims may be severely traumatised and as a result become dysfunctional members of society. Child sexual abuse harms the very fabric of society and society thus pays a heavy price for continuing to tolerate this crime. As such, as this crime predominantly takes place behind closed doors and victims only very rarely report cases,2 a comprehensive legislative and policy approach must be adopted in order to effectively combat child sexual abuse. Legislators around the world as well as the international community must therefore make combating child sexual abuse a priority. However, the question arises whether there exist difficulties and weaknesses within international law which contribute to the persistent problem of child sexual abuse. Accordingly, this research probes whether international law accords adequate protection to the rights of the children and, if not, whether it fails to adequately protect children from sexual abuse. For this purpose, a detailed examination of relevant UAE laws is undertaken in the form of a case study. It is argued that international law has failed to clearly establish norms and also lacks enforcement mechanisms. The main international instrument, the Convention on the Rights of the Child, fails to determine the age of the child. Instead, it empowers domestic law to do this. Other shortcomings also limit the effectiveness of international law, particularly implementation issues. In the context of the UAE, the fundamental problem is that cultural values entrenched in Islamic criminal and family law have not shown an understanding of the child sexual abuse paradigm. Instead, the honour ideology has been reinforced.

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Grewcock, Michael Law Faculty of Law UNSW. "Crimes of exclusion: the Australian state???s responses to unauthorised migrants." Awarded by:University of New South Wales. School of Law, 2007. http://handle.unsw.edu.au/1959.4/31445.

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This thesis provides a criminological perspective on the Australian state???s responses to unauthorised migrants. In particular, it attempts to build on recent criminological literature on state crime by contrasting the alleged deviance of unauthorised migrants with the organised and deviant human rights abuses perpetrated by the Australian state. The main argument of the thesis is that through the systematic alienation, criminalisation and abuse of unauthorised migrants, particularly refugees, the Australian state is engaged in state crime. While this can partly be measured by breaches of international humanitarian law, the acts in question are criminal according to the broader sociological understanding of state crime as ???state organisational deviance involving the violation of human rights???. The thesis develops this argument by locating the phenomena of forced and illicit migration within an increasingly globalised world economy in which the needs for international human migration are confronted by the restrictive migration policies of the dominant Western states. In this context, the Australian state has played a pivotal role in the development of three major Western exclusion zones, which are designed to contain unauthorised migrants in the developing world and are enforced by measures that systematically abuse human rights. The fundamental criminological dynamic of the Australian exclusion zone is its systematic assault on the movements and by definition, the rights, of forced migrants. This operates at a number of levels: unauthorised arrivals are alienated by their lack of legal status; they are denied access to a full refugee determination process; their status as refugees is subordinated to that of the resettled refugee; their experiences are denied and delegitimised through their construction as queue jumpers; they are criminalised through their participation in smuggling enterprises; they are punished and abused through the use of detention, dispersal and forced removal; and they are put at greater personal risk by the measures employed to enforce the zone. The thesis traces the development of this zone from the formation of the white Australia policy through to the Pacific Solution and critically analyses the ways in which current policy draws on and reinforces the exclusionist traditions of Australian nationalism.

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Munro, Emily R. "Balancing looked after children's protective, provisional and participatory rights in research, policy and practice." Thesis, Loughborough University, 2015. https://dspace.lboro.ac.uk/2134/17976.

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In England around 68,000 children are currently looked after by the state. Sixty two per cent of this population are admitted to care or accommodation in response to abuse and neglect. As the United Nations Convention on the Rights of the Child acknowledges, the state has a unique responsibility for these children and is expected to ensure their safety, wellbeing and development. Underpinned by a rights-based framework the publications in the thesis make an original contribution to social work research, policy and practice, in respect of looked after children nationally and internationally. Three cohering theoretical strands - the new sociology of childhood, attachment theory and focal theory, and different methodological lenses, (from participatory research with young people to cross-national analysis of administrative data), are employed to advance understanding of the balance of protective, provisional and participatory rights ( 3 Ps ) for these children and young people. The work focuses upon their life pathways at two key stages in the lifespan: early infancy and adolescence into adulthood. Consistent with the theoretical underpinnings of the research, the methodological approach employed in two of the four core studies sought to promote children s active participation in the research process, and to give them a voice . The participatory peer methodology adopted moved beyond involving care experienced young people in interviewing their peers, to training and engaging them in several major aspects of the research cycle, including analysis of the data and the design and write up of the findings, to produce accessible peer research reports for young people. At the national level the work undertaken demonstrates how a needs-based discourse, and orientation towards considering looked after children as objects of concern, can mean that young children s protective rights may be prioritised in policy and practice, at the expense of their provisional and participatory rights. Children s participation rights are also constrained due to assumptions about the (in)capacities of younger children to express their wishes and feelings. In this context parents rights tend to be prioritised at the expense of the rights of the child. Whereas parents rights may take precedence when children are young, in adolescence the rights of parents are more peripheral. Cross-national comparisons reveal variations in how young people s provisional, participatory and protective rights are balanced as young people negotiate the transition from care to adulthood in western societies, as well as different drivers for reform. Empirical research on recent policy developments in England also illuminates the tensions and dilemmas professionals can face as they attempt to protect and provide for young people, whilst recognising their evolving capabilities and their right to autonomy and active participation in decision making processes. Finally, the studies highlight that young people with the most complex care histories may be denied the right to decide for themselves if they want to remain in foster or residential care into early adulthood.

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Chilemba, Enoch MacDonnell. "A critical appraisal of the right to primary education of children with disabilities in Malawi." Thesis, University of Pretoria, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7124_1360933073.

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VASCONCELLOS, LETICIA SPENCER DE. "BRAZIL S PRINCIPLED FOREIGN POLICY IN THE MIDDLE EAST: THE CHALLENGES OF A HUMAN RIGHTS AGENDA." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2018. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=34580@1.

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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO
COORDENAÇÃO DE APERFEIÇOAMENTO DO PESSOAL DE ENSINO SUPERIOR
PROGRAMA DE SUPORTE À PÓS-GRADUAÇÃO DE INSTS. DE ENSINO
PROGRAMA DE EXCELENCIA ACADEMICA
O presente trabalho propõe-se a descrever e analisar as relações entre Brasil e Oriente Médio sob o prisma dos tradicionais princípios que regem a política externa brasileira, em particular a promoção dos direitos humanos. A fim de atingir esse objetivo, a inserção internacional principista do país é discutida, em paralelo à construção da identidade internacional do país. Em seguida, analisa-se a adesão do Brasil ao regime internacional dos direitos humanos, assim como a inclusão da linguagem dos direitos humanos no discurso diplomático brasileiro. Um histórico das relações entre o Brasil e os países médio-orientais é então conduzido, com especial atenção a sua consonância com o discurso principista oficial. Por fim, a relevância e as ambivalências da política externa brasileira de direitos humanos para o Oriente Médio é estudada, no contexto da forte aproximação do Brasil com omundo árabe, durante os governos de Luís Inácio Lula da Silva e Dilma Rousseff.A esse respeito, é dada especial atenção à imagem que o Brasil tem se esforçado para promover, a de um ator internacional responsável com aspirações à liderança regional e global.
This dissertation aims to analyze the relations between Brazil and the Middle East under the perspective of the traditional principles guiding Brazilian foreign policy, particularly the promotion of human rights. In order to achieve this goal, Brazil s principled foreign policy is discussed, along with the construction of the country s international identity. Next, we analyze Brazil s commitment to the international human rights regime and the inclusion of the language of human rights within Brazilian diplomatic discourse. An overview of Brazil s relations with Middle Eastern Countries is then conducted, with particular attention to its coherence with Brazilian principled discourse. Finally, Brazil s ambivalent foreign policy, when comes to human rights promotion towards the Middle East, is examined in the context of Brazil s dynamic relations with the Arab world during the governments of Luís Inácio Lula da Silva and Dilma Rousseff. In this regard, special consideration is given to the image that Brazil has been struggling to promote, that is, one of a responsible international stakeholder with aspirations to regional and global leadership.

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Miller, Brian Lawrence. "Human Rights & U.S. Foreign Aid, 1984-1995: The Cold War and Beyond." Thesis, University of North Texas, 1999. https://digital.library.unt.edu/ark:/67531/metadc6152/.

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This study attempts to cast empirical light on the traditionalist-revisionist debate regarding the impact of the Soviet Union's collapse on U.S. foreign policy decision-making. To accomplish this goal, the relationship between human rights and U.S. foreign aid decision-making is examined before and after the Cold War. In doing so, the author attempts to determine if "soft" approaches, such as the use of a country's human rights records when allocating aid, have garnered increasing attention since the end of Cold War, as traditionalists assert, or declined in importance, as revisionists content.

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Constant, Tamara M. "Linguistic human rights and the education of language minority children : the case of the Japanese Brazilian returnees /." Available to subscribers only, 2009. http://proquest.umi.com/pqdweb?did=1885442051&sid=9&Fmt=2&clientId=1509&RQT=309&VName=PQD.

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Thesis (M.A.)--Southern Illinois University Carbondale, 2009.
"Department of Linguistics and Department of Speech Communication." Includes bibliographical references (p. 202-215). Also available online.

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Clarke, Sharna-Lee. "Holding South Africa Accountable : A Critique of the Reports Submitted to Treaty Bodies Pertaining to the Rights of Children with Disabilities." University of the Western Cape, 2016. http://hdl.handle.net/11394/5143.

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Magister Legum - LLM
South Africa recently submitted reports to three treaty bodies regarding steps taken over the past two decades to implement the rights of children with disabilities. This study is focused on critically analysing the South African reports submitted to the United Nations Committee on the Rights of the Child (hereinafter referred to as the CRC Committee), the African Committee of Experts on the Rights and Welfare of the Child (hereinafter referred to as the ACERWC) and the Committee on the Rights of Persons with Disabilities (hereinafter referred to as the CRPD Committee) regarding the implementation of the CRC, ACRWC and the CRPD in South Africa. In doing so, the study focuses on all matters pertaining to children with disabilities as well as focusing on particular groups of children with disabilities. This will be done to determine whether or not the State meets the international law obligation of implementing the CRC, ACRWC and the CRPD in South Africa.

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Vandergrift, Katherine. "The Best Interests and Human Rights of Children: An Ethical-Philosophical Framework Based on Martha Nussbaum's Capabilities Framework and Alan Gewirth's Community of Rights." Thesis, University of Ottawa (Canada), 2009. http://hdl.handle.net/10393/28562.

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Canada signed the Convention on the Rights of the Child twenty years ago, but a recent Senate study concludes that children's rights are not embedded in Canadian law, public policy, or the national psyche. This thesis identifies three ethical tensions about children's rights that hinder implementation of the Convention, and it asks if it is possible to develop a more robust ethical foundation to resolve them. Do children's rights protect their interests, their freedom, or some combination of both? What is the balance between the role of parents, the state, and young people themselves in realizing their rights? Can the tension between universal rights and respect for cultural and religious diversity in raising children be resolved? The study focuses on a core principle of the Convention, the Best Interests of the Child, which is identified as a primary consideration for all policies and decisions relating to children. It examines four approaches to application of this principle that try to resolve the basic tensions about children's rights but fall short. These are family autonomy, liberal paternalism, dynamic self-determination, and utilitarianism. Looking beyond theories of children's rights, this thesis argues that the capabilities framework articulated by Martha Nussbaum in Women and Development and the mutuality of rights theory articulated by Alan Gewirth in The Community of Rights can provide a stronger ethical foundation for children's rights. Gewirth's focus on prospective productive agency and Nussbaum's holistic approach to developing core capabilities provide greater ethical specification for the meaning of the best interests of children. Gewirth's Principle of Generic Consistency and articulation of the mutuality of rights and responsibilities provide a sound basis for a policy framework on children's rights. A clear focus on developing capabilities and what is most needful for human action can ethically ground guidelines for determining best interests and less adversarial processes to resolve conflicts between different interests.

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Mollvik, Lia. "Are Children Seeds or Are They Soil? : A Comparison between Martha Nussbaum’s Capability Approach and Utilitarian Philosophy applied to Critical Thinking in the Rwandan Education System." Thesis, Uppsala universitet, Teologiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-254488.

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Much research has been done within the field of Education on how to integrate Human Rights in education, both as a class subject and as a value system. Similarly, the research field of Education also contains many discussions of how “critical thinking” is taught and what its role in education is and should be. This thesis instead approaches the topic from “the other way round” so to speak, by using a “human rights lens” to explore ethical and political views on the goals of education generally and the role of critical thinking in education particularly, as they appear within a particular educational context – Rwanda’s education system. The philosophy of education of utilitarianism and that of Martha Nussbaum’s Capability Approach are here compared and contrasted with each other and act as a theoretical framework for understanding the Rwandan education system as it appears through the reading of policy documents and through the experience of a selected group of Rwandan primary and secondary school students. The thesis argues that an ethically acceptable and stable philosophy of education should spring from a conception of human beings as ends and not means. Starting with such a conception of human beings, the goal of education becomes that of developing each individual’s capabilities to their fullest potential. Additionally, the thesis argues that the role of critical thinking in education should be regarded as central, as the capability for critical thinking enhances the flourishing of other human capabilities.

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Bartlett, Isam. "Bring back our girls: A human rights analysis of child abductions by Boko Haram." University of the Western Cape, 2018. http://hdl.handle.net/11394/6518.

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Magister Legum - LLM
As the world evolves new perils emerge which pose a significant threat to human and child rights, it is imperative that the protection of these rights is prioritised. Human rights can be defined as the rights that every human being is entitled to. The Universal Declaration of Human Rights (UDHR) was one of the first international legal instruments which set forth the basic human rights of citizens which are applicable irrespective of race, culture, sex or economic standing highlighting the universal applicability of human rights. Human rights violations have been prevalent on the African continent due to regimes such as apartheid and the innumerable armed conflicts which have played out in states such as Sierra Leone, Angola, South Sudan and Uganda. Over the past century a variety of insurgent groups have emerged, and their actions has resulted in catastrophic human rights violations across continent. Insurgent groups such as the Lord’s Resistance Army in Uganda, Al-Shabab in Somalia, M 23 in the Democratic Republic of Congo and the Tajoura Battalion in Libya are some of the armed factions at the forefront of current conflicts.

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Netshitahame, Nyadzanga Evelyn. "An analysis of learners' knowledge and understanding of human rights in South Africa." Thesis, Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-10172008-130614.

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Sellick, Patricia. "Responding to children affected by armed conflict : a case study of Save the Children Fund (1919-1999)." Thesis, University of Bradford, 2001. http://hdl.handle.net/10454/2813.

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Save the Children Fund (SCF) was at its foundation in 1919 a value-driven organization. The values, or guiding principles, of the founding generation are the lens through which I look at the history of SCF, and the associated histories of war and peace, human rights and NGO-state relations. These guiding principles are identified as universalism, utilitarianism and optimistic pacificism. They can be understood as a paradigm to which the social community which made up the founding generation of SCF gave their assent. The first chapter locates the founding generation within the political culture of the anti-war movement. Succeeding chapters detail the metamorphosis of SCIF from a'contentious social movement into a respectable national organization. As soon as the organization adopted a national rather than a universal orientation, the coordinates of all its guiding principles shifted. In particular the optimistic pacificism of the founding generation was replaced by pessimistic defencism. It was not until after the Cold War that SCIF began to realign itself with its original guiding principles. The three guiding principles are found to be of continuing relevance. Universalism has been reasserted as a positive creed leading SCF to seize political opportunities to reach out to children from all sides. The organization has adopted a utilitarian perspective that affirms the dynamic role of young people in generating their own futures. Lastly, the primacy attached to peace by war-affected people has underlined SCFs urgent mission to uphold an optimistic belief in the possibility of peace.

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Wambua, Leonard Munyao. "An evaluation of the role played by Kenyan independent churches in the protection of the fundamental human rights of children / Wambua Leonard Munyao." Thesis, North-West University, 2010. http://hdl.handle.net/10394/4596.

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This research aims to evaluate the role that Kenyan independent churches play in the protection of the fundamental human rights of children. It became apparent during the course of the research that Kenya's independent churches have numerous shortcomings that affect their ability to protect such rights. The Kenyan independent churches are affected by the negative effects of an African traditional worldview. Among the effects of this worldview is the tolerance of female genital mutilation, polygamy and corporal punishment, practices that contravene the United Nation's Declaration on the Rights of Children. The research further discovered that some of the Kenyan independent churches perpetuate the violation of the fundamental human rights of children with their gross misunderstanding of Scripture, especially the wisdom of Bible texts such as Proverbs 22:15. A literal application of Scripture and a tendency to lean towards casuistic ethics contribute to the misuse and misunderstanding of the Bible verses that touch on the human dignity of children. The violation of the fundamental human rights of children is rampant in Kenya. The number of independent churches involved in protecting the fundamental human rights of children is very small. The few independent churches that offer child services offer relief services rather than embracing a human rights approach to serving children. Although the independent churches make out the majority and are the fastest growing among the churches, it is notable that mission churches such as the Catholic and Anglican churches are more involved in protecting the fundamental human rights of children when compared to the independent churches in Kenya. Kenyan independent churches furthermore suffer the effects of poverty coupled with illiteracy, a factor that affects their ability to champion the fundamental human rights of children as stipulated in the United Nations Convention on the Rights of Children. On the positive side, some social cultural values common among the independent churches, such as African communal solidarity and the extended family system, promote the well–being of children. However, overall the Kenyan independent churches have not successfully responded to the violation of the fundamental human rights of children. This inability remains a concern worthy addressing.
Thesis (Ph.D. (Ethics))--North-West University, Potchefstroom Campus, 2011.

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Manasse, Brilaine Lisa. "The state’s obligation to realise the socioeconomic rights of vulnerable groups: A case study of children on the Cape Flats." University of the Western Cape, 2019. http://hdl.handle.net/11394/7030.

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Magister Legum - LLM
The Cape Flats is known for poverty, gangsterism, over population and a general lack of basic necessities. What is often overlooked is where this negative perception emanates from. Generational poverty is an existent issue and has been influential in shaping the Cape Flats to what it is today. What this study aims to do, is to provide a background on a possible theory for this typecast that accompanies the areas broadly known as the Cape Flats. The study will show how the Apartheid era created a ripple effect for future generations, and how this may be the cause of these vulnerable groups of children being failed by a system which have long forgotten about them. The study demonstrates how vulnerable groups on the Cape Flats, struggling and pleading for State intervention in the delivery of basic human rights, have fallen on deaf ears. The study further reveals that the State has not fulfilled its constitutional mandate, neither has it lived up to the enabling provisions contained in international instruments which has been adopted by the South African government, and confirms that all three spheres of government have lacked in the accomplishments it set out to achieve upon the adoption of various pieces of legislation, notwithstanding the proclamation of domestic laws to help the State realise its socioeconomic rights obligations. The study was a particularly challenging task to undertake, as research topics on the issue of socioeconomic rights realisation on the Cape Flats is not a well-studied subject. The intention behind the study is to make an important contribution towards awareness of the issue under discussion, paving the way for future knowledge sharing and an open dialogue focusing on the role of the State in the realisation of socioeconomic rights of children on the Cape Flats.

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Evans, Kerri. "Human Rights: Welcoming Unaccompanied Immigrant and Refugee Children in the United States Through Community, School, and Preparation for Adulthood." Thesis, Boston College, 2020. http://hdl.handle.net/2345/bc-ir:108720.

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Thesis advisor: Thomas M. Crea
In 2019, 851,508 persons were apprehended at the Southwestern US border without lawful immigration status in the US; of whom 473,682 were part of a family unit, and 76,020 were classified as unaccompanied children (UC). UC are those entering the US under the age of 18 without a parent/legal guardian available to care for them. Recent research on unaccompanied children in the US has focused on educational outcomes, trauma, family separation at the border, and resiliency. However, more research is needed around this population given their unique vulnerabilities, the current unreceptive political climate in the US, and the fact that 2019 has had the highest arrival numbers yet. This dissertation draws on administrative data to provide information that can improve the services that social service agencies are delivering, to highlight areas of future research, and to recommend specific tools for data collection. I aim to advance three areas of research related to the human rights violations and social exclusions experienced by unaccompanied immigrant and refugee children in the US, as well as best practices used by service providers. The three areas are: (1) to understand the systems level facilitators and barriers to adjustment for UC, (2) to understand the challenges to formal education for UC, and the strategies that service providers are using to overcome these challenges, and (3) to examine the predictors of self-sufficiency for unaccompanied immigrants leaving foster care. The findings presented in this dissertation have multiple implications for policy, practice, research, and social work education. The qualitative studies provide a groundwork from which we can conduct more research in order to evaluate the effectiveness of the promising practices described, and advocate to increase funding and service availability. Through a greater understanding of the benefits and challenges to education for UC in foster care, we can build more inclusive and welcoming school environments, ultimately leading to higher educational attainment. Understanding the predictors of self-sufficiency can help caseworkers to better create service plans, and help agencies to advocate for funding of supplementary programming. Altogether, it is my hope that this knowledge can contribute to supports that help UC to be happier, thrive in school, and become productive members of our community
Thesis (PhD) — Boston College, 2020
Submitted to: Boston College. Graduate School of Social Work
Discipline: Social Work

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Mangena, Lethamaga Thames. "The protection of human rights : an analysis of approaches to school discipline." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53151.

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Thesis (MPhil)--Stellenbosch University, 2002.
ENGLISH ABSTRACT: This is an in-depth investigation of human rights in education as reflected in school discipline in the Northern Province. In this research, three different schools were selected as the settings for my study. This selection of the setting was influenced by the diversity of the schools such as: -the community school, -the township school and the urban school. The three schools are not the representative of the schools in the Northern Province, but they illustrate or reveal if there were patterns in terms of the data collected. The methods used for collecting data are the following: Observation, Interview and Documents. A period of time was spent at the three settings for the purpose of observing the real school environment, interviewing the research participants (principal, educators, learners/LRC and the parentcomponent of the SGB) and to consult documents especially policies of the school. The departmental policies were also consulted. The results of the study indicate that most stakeholders (especially in rural and township schools) are not yet conversant with human rights in education. Educators and parents regard some human rights provisions in education as erosion of their 'status' in education.
AFRIKAANSE OPSOMMING: Hierdie studie is 'n diepgaande ondersoek van menseregte in die onderwys soos dit in dissipline in the Noordelike Provinisie se skole weerspieel word. In hierdie navorsing is drie skole gekies om as die milieu vir die studie te dien. Die keuse van hierdie skole is ingelig deur die verskille wat tussen hulle bestaan soos die gemeenskap skool, die woonbuurt skool en die stedelike skool. Die drie skole is nie noodwendig verteenwoordigend vandie skole in die Noordelike Provinsie nie, maar hulle illustreer of bewys indien daar 'n model bestaan in gevolge van die data wat versamel is. Die volgende metodes is toegepas om data in te samel: waarneming, onderhoud en die bestudering van dokumente. Om die egte skool milieu waar te neem, is sekere tyd by elkeen gespandeer. Onderhoude is met die deelnemers in die navorsing gevoer, t.w., skoolhoofde, onderwysers, leerlinge, leerlingverteenwoordigers en die ouers wat deel van die skoolraad is. Dokumente soos die skoolbeleid en relevante departementele beleidsdokumente is ook bestudeer. Die resultate van die navorsing dui aan dat die meeste belanghebbendes (veral die platteland - en woorbuurtskole) is nog nie bekend met mense regte in die onderwysers nie. Onderwysers en ouers beskou sekere mense regte voorsienings in the onderwys as wegvreting van hul 'status'.

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Mugisha, Bernard. "The rights of women and children as internally displaced persons : the case of Uganda and the Democratic Republic of Congo (DRC)." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1089.

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"The problem of displacement remains formidable, especially in Africa. It is exacerbated by Afirca's continuous conflicts and bad policies that are taken and effected in the name of development. Women and children remain the worst victims of internal displacement. This is so because in real life, women and children are vulnerable. Thus adding on internal displacement is too much for them. There is still no international enforceable mechanism by which the protection of the rights of internally displaced persons (IDPs), and in particular women and children, can be ensured. This leaves such rights at the mercy of the states within which the internal displacement occurs. ... Chapter 2 will comprise of analysis of who an IDP is and the magnitude of the problem of internal displacement in Uganda and the DRC. This will also entail identification of the causes of internal displacement in both countries. Chapter 3 will identify and critically analyse the rights of women and children as IDPs. This analysis will focus on the conditions prevailing in Uganda and the DRC. Chapter 4 will come up with detailed and comprehensive recommendations as to what can be done to attain the acknowledgement, protection and enforcement of the rights of women and children that arise out of internal displacement. Chapter 5 will have a suitable conclusion to the study. It will show whether the findings of the study prove its hypotheses." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Prof. Jean-Didier Boukongu and Dr. Atangcho Ndji Akonumbo at the Catholic University of Central Africa, Yaounde, Cameroon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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Coetzer, Danielle Patricia. "Playing in the shadows: An analysis of childhood statelessness and the right to nationality in South Africa and Zimbabwe." University of Western Cape, 2019. http://hdl.handle.net/11394/7418.

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Magister Legum - LLM
The Universal Declaration on Human Rights (UDHR) provides that „everyone has the right to nationality.‟1 Nationality2 refers to the legal relationship between a State and an individual.3 The consequences are that this legal relationship gives rise to obligations and rights conferred by the State on these individuals. Statelessness occurs when an individual has no nationality of any country; a stateless person is someone who is not considered as a national by any State under the operation of its laws.

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Grossman, Michelle G. "Addressing the gap : the role of institutions of the Rome Statute in responding to the needs of child crime victims at risk of "falling through the cracks"." Thesis, University of Oxford, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.711689.

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Niemi, Pia, and Emma Cete. "Knowledge and Attitudes amongst Teacher-Students in Senegal regarding Girls’ Right to Education : A qualitative study concerning the disparity in school attendance due to gender." Thesis, Stockholms universitet, Institutionen för socialt arbete - Socialhögskolan, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-81462.

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Despite Senegal’s ratifications of the UN Conventions CRC and the CEDAW, a noticeable discrepancy regarding secondary school attendance due to the pupil’s sex has been recognized in enrolment and fulfilment ratios. (www.unicef.org, 2011a) The main issue to be examined in this thesis was the teacher-students’ knowledge of girls’ right to education and their attitudes concerning the difference in pupils participating in secondary schools based on the pupil’s sex and how the matter is being addressed amongst teachers. Qualitative interviews were carried out amongst teacher-students at University of Cheikh Anta Diop, Dakar. We reflected upon the collected material mainly through theories of feminism and social constructivism, and moreover briefly through post-colonialism and structural functionalism, as well as in relation to previous research. We found that the respondents lacked deeper juridical knowledge concerning right to education. Overall the respondents expressed an ambiguity in their gender awareness, and their perception of girls’ education in relation to cultural traditions. The main obstacles for girls schooling were gender cultural traditions and socio-economic factors.

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Lihuvud, Svensson Nathalie. "The universal periodic review : a study on the effectiveness of the United Nations Human Rights Council´s monitoring mechanism." Thesis, Stockholms universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-115624.

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Dissertations / Theses on the topic 'Childrens human rights'

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Dissertations / Theses on the topic 'Childrens human rights'

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Dissertations / Theses on the topic 'Childrens human rights'