Dissertations / Theses on the topic 'Detention of persons – Europe'
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Santos, Valdirene Ferreira [UNESP]. "Sobre a imigração ilegal na Europa e os espaços de exceção: o caso dos centros de internamento para estrangeiros na Espanha." Universidade Estadual Paulista (UNESP), 2014. http://hdl.handle.net/11449/116064.
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Este trabalho analisa a política de criminalização da imigração irregular dentro do espaço político e social da União Europeia (UE) a partir dos anos 1990, focando a atenção nos centros de detenção especializados para imigrantes ilegais. Discute-se a crescente proliferação desses espaços de confinamento nos países europeus, no contexto de crise do Estado de Bem Estar Social, como uma construção de resposta política securitária às novas formas de marginalidade geradas pelo capitalismo tardio na era da globalização. Nessa perspectiva, procurou-se investigar o papel que os centros de detenção desempenham no âmbito de um conjunto de medidas de exceção contra os imigrantes indocumentados e irregulares, as quais limitam e obstruem o acesso dos não cidadãos europeus mais pobres aos direitos humanos fundamentais, como o direito de ir e vir, e aos serviços sociais oferecidos à população das sociedades de destino. Para explicar o sentido dessa política de exclusão de direitos, e inserção das categorias de imigrantes, consideradas ilegais, no conjunto de dispositivos de controle governamental em regime fechado, centrou-se atenção no estudo de caso dos Centros de Internamento para Estrangeiros na Espanha, como um exemplo dos espaços de exceção que são instituídos pela política de transformação do modelo de Estado-Providência em um paradigma político de Estado penal e carcerário. Em termos metodológicos, além de uma revisão bibliográfica de textos especializados, realizou-se uma análise de documentos referentes à legislação da UE e à legislação da Espanha, acerca da regulamentação da política migratória levada a cabo pelos países desse bloco político e econômico, e do Estado espanhol, em particular, nas últimas décadas. Na etapa da análise documental, ainda explorou-se, de forma exaustiva, relatórios e estudos de organizações não-governamentais, bem como pareceres da ...
This paper analyzes the policy of criminalization of irregular migration within the political and social space of the European Union (UE) from the 1990s, focusing attention in specialized centres of detention for illegal immigrants. Discusses the growing proliferation of these spaces confinement in European countries, in the context of crisis the State Social Welfare, as a construction of a security policy response to the new forms of marginality generated by late capitalism in the age of globalization. On this perspective, we sought to investigate the role that the detention centers exercise within a set of emergency measures against undocumented and irregular migrants, which restrict and obstruct the access of non-Europeans poorest fundamental human rights, as the right to come and go, and social services offered to the population of the societies of destination. To explain the meaning of this policy of exclusion rights, and inclusion of categories of immigrants, considered illegal in the whole of government devices of control in a closed system, focused attention on the case study of Internment Centres for Foreigners in Spain as an example of spaces of exception that are imposed by the transformation of the welfare state model in a political paradigm of state penal and correctional policy. In methodological terms, further a bibliographic review of specialized texts, we held an analysis of documents relative to legislation of UE and the legislation of Spain, about the regulation of migration policy pursued by countries that political and economic bloc, and of Spanish state, in particularly, in recent decades. In step of document analysis, still explored exhaustively, reports and studies of non-governmental organizations, as well as reports of the United Nations (UN) and the European Parliament, with the intention of to obtain data and identify standpoint of ...
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Santos, Valdirene Ferreira. "Sobre a imigração ilegal na Europa e os espaços de exceção : o caso dos centros de internamento para estrangeiros na Espanha /." Araraquara, 2014. http://hdl.handle.net/11449/116064.
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Orientador: João Carlos Soares ZuinBanca: Renata Medeiros Paoliello
Banca: Ígor José de Renó Machado
Resumo: Este trabalho analisa a política de criminalização da imigração irregular dentro do espaço político e social da União Europeia (UE) a partir dos anos 1990, focando a atenção nos centros de detenção especializados para imigrantes ilegais. Discute-se a crescente proliferação desses espaços de confinamento nos países europeus, no contexto de crise do Estado de Bem Estar Social, como uma construção de resposta política securitária às novas formas de marginalidade geradas pelo capitalismo tardio na era da globalização. Nessa perspectiva, procurou-se investigar o papel que os centros de detenção desempenham no âmbito de um conjunto de medidas de exceção contra os imigrantes indocumentados e irregulares, as quais limitam e obstruem o acesso dos não cidadãos europeus mais pobres aos direitos humanos fundamentais, como o direito de ir e vir, e aos serviços sociais oferecidos à população das sociedades de destino. Para explicar o sentido dessa política de exclusão de direitos, e inserção das categorias de imigrantes, consideradas ilegais, no conjunto de dispositivos de controle governamental em regime fechado, centrou-se atenção no estudo de caso dos Centros de Internamento para Estrangeiros na Espanha, como um exemplo dos espaços de exceção que são instituídos pela política de transformação do modelo de Estado-Providência em um paradigma político de Estado penal e carcerário. Em termos metodológicos, além de uma revisão bibliográfica de textos especializados, realizou-se uma análise de documentos referentes à legislação da UE e à legislação da Espanha, acerca da regulamentação da política migratória levada a cabo pelos países desse bloco político e econômico, e do Estado espanhol, em particular, nas últimas décadas. Na etapa da análise documental, ainda explorou-se, de forma exaustiva, relatórios e estudos de organizações não-governamentais, bem como pareceres da ...
Abstract: This paper analyzes the policy of criminalization of irregular migration within the political and social space of the European Union (UE) from the 1990s, focusing attention in specialized centres of detention for illegal immigrants. Discusses the growing proliferation of these spaces confinement in European countries, in the context of crisis the State Social Welfare, as a construction of a security policy response to the new forms of marginality generated by late capitalism in the age of globalization. On this perspective, we sought to investigate the role that the detention centers exercise within a set of emergency measures against undocumented and irregular migrants, which restrict and obstruct the access of non-Europeans poorest fundamental human rights, as the right to come and go, and social services offered to the population of the societies of destination. To explain the meaning of this policy of exclusion rights, and inclusion of categories of immigrants, considered illegal in the whole of government devices of control in a closed system, focused attention on the case study of Internment Centres for Foreigners in Spain as an example of spaces of exception that are imposed by the transformation of the welfare state model in a political paradigm of state penal and correctional policy. In methodological terms, further a bibliographic review of specialized texts, we held an analysis of documents relative to legislation of UE and the legislation of Spain, about the regulation of migration policy pursued by countries that political and economic bloc, and of Spanish state, in particularly, in recent decades. In step of document analysis, still explored exhaustively, reports and studies of non-governmental organizations, as well as reports of the United Nations (UN) and the European Parliament, with the intention of to obtain data and identify standpoint of ...
Mestre
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Bernardini, Lorenzo. "Immigration detention in Europe." Doctoral thesis, Urbino, 2022. http://hdl.handle.net/11576/2698151.
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McMaster, Don. "Detention, deterrence, discrimination : Australian refugee policy /." Title page, abstract and contents only, 1999. http://web4.library.adelaide.edu.au/theses/09PH/09phm167.pdf.
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Frank, Heather M. "Evaluating the effectiveness of an anger management program in a detention facility /." View online ; access limited to URI, 2007. http://0-digitalcommons.uri.edu.helin.uri.edu/dissertations/AAI3225317.
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Persian, Jayne. "Displaced persons (1947-1952) : representations, memory and commemoration." Thesis, School of Philosophical and Historical Inquiry, 2011. http://hdl.handle.net/2123/10597.
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Yu, Ping. "Administrative model v. adjudication model : the impact of administrative detention in the criminal process of the People's Republic of China /." Thesis, online access from Digital Dissertation Consortium access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?3224316.
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Kaguongo, Waruguru. "Prisoners' rights: the role of national human rights institutions in Africa." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/991.
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"This dissertation seeks to investigate: (a) whether national human rights institutions are best suited to oversee the improvement of prison conditions; (b) why national institutions are in a better position than others working in this field to monitor the respect of prisoners' rights; and (c) some of the ways in which national institutions can achieve this objective. This will entail an examination of the nature of prisoners' rights and prison conditions and, thereafter, the general character and elements that define national human rights commissions in terms of organization and establishment. These elements will be considered with a view to finding out whether they offer any advantages that can positively influence the conditions of prisons and prisoners and if so, how. It is recognized that national institutions are not the only ones involved in seeking to improve prison conditions. It will be argued however, that even with the existence of the other bodies, there still exists the need for national institutions to be expressly mandated to inspect and monitor the adherence to standards on prisoners' rights. The argument will again be based on the examination of the unique characteristics that these institutions possess as distinguished from other bodies, and the potential these characteristics have to ameliorate the conditions in which prisoners find themselves. ... Chapter one introduces the study and the questions that have prompted the study. Chapter two looks at the nature of pisons, how they began to be and what purposes they serve. This chapter also examines the conditions of prisons in Africa. The scope of chapter three is prisoners' rights, what they are, their justification and the legal regime that regulates their observance. Chapter four focuses on the implementation aspect by looking into what national human rights instiutions are. The final chapter will examine how national institutions have utilized or might utilize their characteristics in favor of the protection of the human rights of prisoners. Conclusions and recommendations will then follow." -- Chapter 1.Prepared under the supervision of Dr. Jean Allain at the Political Science Department, American University in Cairo, Egypt
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Garcia, Fernanda Di Flora 1986. "Sobre os centros de permanência temporária na Itália e a construção social da não-pessoa." [s.n.], 2011. http://repositorio.unicamp.br/jspui/handle/REPOSIP/279005.
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Orientadores: Maria Lygia Quartim de Moraes, João Carlos Soares ZuinDissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas
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Resumo: Desde o início da década de 1990, os países-membros da União Européia tem se movido em direção a políticas e leis de imigração cada vez mais repressivas, punitivas e de amplo caráter discriminatório. A intensificação desta política bem como a militarização progressiva de suas fronteiras tem construído o fenômeno político denominado fortaleza Europa, constituído por muros reais e virtuais, pela vigilância constante tanto dos limites territoriais como do próprio espaço público e pelas práticas sancionadas pelos Estados de estigmatização dos imigrantes, refugiados e solicitantes de asilo com base em sua origem cultural, fenótipo e etnia. Neste contexto, o Estado italiano aparece como um caso exemplar desta nova política, pautada pela ótica da emergência, da exclusão de todos os seres considerados indesejáveis e pelo racismo de ordem cultural, que concebe o estrangeiro como incapaz de se adaptar aos valores ocidentais, sobretudo aos valores italianos. Esta dissertação tem como objeto a política italiana para imigração, cujo pilar principal é constituído pela instauração dos Centros de Permanência Temporária, espaço de exceção nos quais são confinados os imigrantes ilegais, refugiados e solicitantes de asilo, e nos quais se efetua a espoliação do estatuto jurídico destes seres, convertendo-os em não-pessoas. Nesse sentido, a análise destes espaços e da política que os criou pode ser capaz de revelar o sentido da reaplicação de esquemas racistas na configuração das relações sociais,bem como o lugar ocupado pelo paradigma da segurança e da exceção, nos quais se pautam diversos Estados europeus e que redefinem a política na atualidade
Abstract: Since the early 1990s, member states of the European Union (EU) have moved toward policies and immigration laws increasingly repressive, punitive and discriminatory. The intensification of these policies and the gradual militarization of EU's borders have built a political phenomenon called Fortress Europe, which consists of real and virtual walls, constant surveillance by both the territorial limits and the very public space and practices sanctioned by the States of stigmatization of immigrants, refugees and asylum seekers based on their cultural background, ethnicity and phenotype. In this context, the Italian State appears as a striking example of this new policy, guided by the optics of emergency, the exclusion of all beings that are considered undesirable, and by cultural racism that sees the foreigner as unable to adapt to Western values, especially Italian values. This thesis aims at Italian immigration policy, which main point is the establishment of Temporary Stay and Assistance Centers. These centers are states of exception in which illegal immigrants, refugees and asylum seekers are confined to, their legal status is spoiled, and thus, they are turned into non-persons. In this sense, the analysis of these states and the politics that created them may reveal the meaning of racist reapplication regimens in the social relations set, and the place occupied by the security and exception paradigm, in which several European States are governed redefining the political scene today
Mestrado
Sociologia
Mestre em Sociologia
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Cheng, Jinhua. "A threefold legal campaign : the central state, local bureaucracies, and social forces relating to the Sun Zhigang case /." View abstract or full-text, 2005. http://library.ust.hk/cgi/db/thesis.pl?SOSC%202005%20CHENGJ.
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VERSTICHEL, Annelies. "Representation and identity : the right of persons belonging to minorities to effective participation in public affairs : content, justification and limits." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13178.
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Defence date: 13 December 2007Examining Board: Prof. Bruno De Witte (EUI); Prof. Paul Lemmens, (Katholieke Universiteit Leuven); Prof. John Packer, (University of Essex); Prof. Wojciech Sadurski, (EUI)
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2008.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This doctoral thesis aims at investigating this new international right of persons belonging to minorities to effective participation in public affairs. What is its content? What is its justification and what is it aiming at? Are there any limits to its implementation and what kind of problematic issues are involved? The example of Bosnia and Herzegovina as described above illustrates that organising representation along ethnic lines raises challenging questions. These will be explored in this PhD.Our investigation of the right of minorities to effective participation in public affairs will run through five chapters: Chapter 1 will outline the theoretical framework; Chapter 2 will examine the political rights in the general human rights instruments; Chapter 3 will study the provision on effective participation in public affairs in the three key minority rights instruments of the 1990’s; Chapter 4 will look at the range of possible domestic mechanisms implementing the right of minorities to effective participation in public affairs through a comparative national law approach; and Chapter 5 will illustrate Chapter 4 by zooming in on three case studies, namely Belgium, Italy and Hungary.
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Rijken, Conny. "Trafficking in persons : prosecution from a European perspective /." The Hague : T.M.C. Asser Press, 2003. http://www.loc.gov/catdir/toc/cam051/2004436856.html.
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Perry, Katherine Nicole. "Detesting brutality British Parliament and the method of detention during the state of emergency in Kenya, 1952-1960 /." View electronic thesis (PDF), 2009. http://dl.uncw.edu/etd/2009-3/rp/perryk/katherineperry.pdf.
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Iakobishvili, Ekaterine. "Exploring the applicability and limitations of international human rights law to the protection of transgender persons : a case study on detention." Thesis, University of Essex, 2018. http://repository.essex.ac.uk/21964/.
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This thesis explores and analyses the applicability and limitations of human rights law as it applies to transgender persons. As such limitations are most evident in a strictly sex segregated spaces, the thesis proposes a case study on detention to illustrate potential conflict between the binary models of the sexes, gender fluidity and application of international human rights law to those with transgender or non-binary gender identity. For this, the thesis reviews international human rights law sources, queer theory literature and transgender and non-binary gender studies. This research examines the issues of transgender and non-binary identities and their recognition in law, including developments in international human rights law and the recognition of transgender identities in human rights instruments. The thesis considers issues such as underlying principles of human rights, and substantive rights applicable to transgender persons while surveying the national jurisprudences to assemble and fully examine the available models of transgender recognition in law. The case study on detention analyzes the lived experiences of transgender prisoners and their life stories. It examines the international standards on the treatment of transgender prisoners and their human rights. The scope and applicable framework of protection is also discussed, considering the tension between binary nature of prisons and transgender persons’ non-binary gender. Overall, this thesis initiates a discussion about the binary/non-binary dichotomy in the prison context and asks a series of questions as to how transgender and non-binary gender identities can be accommodated in the prison context. It concludes with a number of recommendations for a deeper understanding of sex/gender and prison dichotomy both in theory and practice. The thesis also offers practical recommendations to international human rights mechanisms to provide specific guidelines on the application of human rights law to transgender and other non-binary gender prisoners.
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Sereda, V. O. "Current situation and prospects of enforcement by the European Court of Human Rights (ECHR) for the rights of foreign citizens." Thesis, National Aviation University, 2021. https://er.nau.edu.ua/handle/NAU/53539.
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Purpose: to conduct a comprehensive analysis of the current state and practice of consideration of cases
concerning the rights of foreign citizens and stateless persons by the European Court of Human Rights
(ECHR). Discussion: the key cases brought against foreigners and stateless persons in the European
Court of Human Rights are covered, international legal acts defining the rights of foreigners at the local
level are considered, ECHR judgments on foreigners are analyzed in detail and eligibility criteria are
determined for each of the main cases.Мета: провести комплексний аналіз сучасного стану та практики розгляду справ щодо прав іноземних громадян та осіб без громадянства Європейським судом з прав людини (ЄСПЛ). Обговорення: ключові справи, порушені проти іноземців та осіб без громадянства в Європі Суд з прав людини охоплює міжнародно-правові акти, що визначають права іноземців на місцевому рівні рівень розглянуто, рішення ЄСПЛ щодо іноземців детально проаналізовано та критерії відповідності визначається для кожного з основних випадків.
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Tannam, Gerard Desmond. "The police and their dealings with mentally-abnormal persons." Thesis, [Hong Kong : University of Hong Kong], 1992. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13302632.
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Davies, Evan. "Mandatory detention for asylum seekers in Australia : an evaluation of liberal criticism." University of Western Australia. Political Science and International Relations Discipline Group, 2007. http://theses.library.uwa.edu.au/adt-WU2007.0202.
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This thesis evaluates the policy of mandatory detention for asylum seekers maintained by successive Australian governments against several core liberal principles. These principles are derived from various accounts of liberal political thought and the major themes and criticisms inherent in the public debate over the policy. The justifications of the policy given by the Australian government and the criticisms enunciated by scholars, refugee advocates and non-government organisations with respect to the policy strongly correspond with the core liberal principles of fairness, protecting the rights of the individual, accountability and proportionality. The claims of the critics converge on a central point of contention: that the mandatory detention of asylum seekers violates core liberal principles. To ascertain the extent to which the claims of the critics can be supported, the thesis selectively draws on liberal political theory to provide a framework for the analysis of the policy against these liberal principles, a basis for inquiry largely neglected by contributors to the literature. This thesis argues that, on balance, the mandatory detention policy employed by successive Australian governments violates core liberal principles. The claims of the critics are weakened, but by no means discredited, by the importance of the government's maintenance of strong border control. In the main, however, criticisms made by opponents of the policy can be supported. This thesis contributes to the substantial body of literature on the mandatory detention policy by shedding light on how liberal principles may be applicable to the mandatory detention policy. Further, it aims to contribute to an enriched understanding of the Australian government's competence to detain asylum seekers.
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Skinner, Donald. "Factors caregivers believe helped their preschool children to cope with a parent's detention and subsequent events : a study from the Western Cape." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/14324.
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Bibliography: leaves 43-46.An exploratory study of factors that caregivers felt helped their child, in preschool at the time of the detention, to cope with a parent's detention was conducted. It is part of a broader study looking at the consequences for these children of the parent's detention. Semi-structured, depth interviews were conducted with the prime caregivers of the child, in 1986 and then a follow-up study was done in 1988. The original sample contained 19 subjects between the ages of two and six years, from a range of contexts. In the follow-up study 13 caregivers were re-interviewed. The research was done in cooperation with community groups who provided the contacts and gave direction. Caregivers reported a wide range of factors which they felt assisted coping, with varying levels of success. Results are reported in brief before a more detailed discussion is entered into, including case reports. The most commonly cited factor was the availability and use of social support and support structures, which appeared to be extensive in most cases. Family centered coping strategies were reported to be important where they were applied, particularly if the family was able to sit down as a whole and address the problems it faced. Politically centered strategies were also used. The focus in these was on obtaining information on detention so as to make sense of the situation and the use of political structures to give vent to emotions. Other aspects of coping not covered by the above areas include strategies such as keeping a regular routine. As was found in the 1986 study (Skinner and Swartz,L., 1989), security of life following the detention was found to be important in assisting the child to come to terms with the previous stressor.
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Roncuzzi, Noemi <1995>. "The Disproportionate Human Cost of Immigration Detention in Europe: Analysis on the Impacts that the Administrative Confinement has on Asylum-Seekers and Migrant Women." Master's Degree Thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/18247.
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La prima parte dell'elaborato si propone di analizzare il sistema europeo di detenzione per immigrati, dove le procedure amministrative sono state contaminate da quelle penali, conseguentemente ai discorsi nazionalisti sul nesso immigrazione-sicurezza. Pertanto, la logica della "crimmigrazione" ha portato alla detenzione dei migranti irregolari in "zone di esclusione", dove la mancanza di cittadinanza trasforma l'identità in un fattore potenzialmente discriminante. Di fatto, questo ambiente discriminante di genere e razzista rende le donne migranti soggetti particolarmente vulnerabili. Inoltre, le migranti detenute affrontano problemi legati alla salute mentale e fisica che sono specifici di genere, ma che vengono spesso trascurati o mal gestiti. Pertanto, al fine di prevenire i maltrattamenti delle migranti detenute, gli Stati membri dovrebbero sia migliorare le condizioni di vita dei centri di detenzione sia stabilire politiche di immigrazione più sensibili al genere.
La seconda parte della tesi sostiene che la mancanza di sensibilità di genere sia collegata all' "invisibilità" delle donne negli studi sulla migrazione. Sebbene il recente cambiamento del modello migratorio abbia gettato luce sulle esperienze di migrazione delle donne, le politiche degli Stati Membri in materia di asilo non sono ancora abbastanza sensibili al genere. Ad esempio, i casi di persecuzione relativi al genere potrebbero essere motivi insufficienti per il riconoscimento della protezione internazionale in Europa. Pertanto, le donne hanno maggiori probabilità degli uomini di diventare residenti irregolari, subire maltrattamenti e traumi post-migrazione.
La terza parte della dissertazione indaga quali strumenti giuridici internazionali e regionali in vigore possano contribuire alla protezione dei diritti delle donne in detenzione per immigrati. Così facendo, verranno messi in luce i limiti del meccanismo di protezione dei diritti umani delle donne migranti irregolari. L'analisi si focalizza sul principio di proporzionalità e sulle potenzialità dell’Articolo 5 della Convenzione di Istanbul in merito alla prevenzione della violenza di genere. In conclusione, viene offerta una panoramica dei casi europei (Belgio, Germania e Inghilterra) che hanno implementato pratiche alternative alla detenzione per immigrati. Tali alternative, di natura meno umanamente degradante, possono rappresentare una soluzione ottimale, in quanto eviterebbero la reclusione e le annesse violazioni dei diritti umani dei migranti, pur rispettando l'autorità decisionale dei governi nazionali in merito alle politiche sull'immigrazione.
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Makasana, Velile. "The onus of proof and presumption of innocence in South African bail jurisprudence." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020911.
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The South African criminal justice process is such that there is an inevitable lapse of time between the arrest of the offender and his or her subsequent trial. The pre-trial incarceration presents a special problem. Between the arrest of the accused and release, the accused is being deprived of his or her liberty in circumstances where no court of law has pronounced him or her guilty. The right to bail is well entrenched in South African criminal justice system both in the Constitution Act and Criminal Procedure Act. Bail is always in the form of contract between the State and the accused, even though at times it may be opposed by the State. In the past the legal position based on the case law was that the presumption of innocence in bail proceedings operated in favour of the applicant even where it was said that there was a strong prima facie case against him or her. This position has slightly changed in that the courts in bail applications are not concerned with guilt, but that of possible guilt only to the extent that it may bear on where the interests of justice lie in regard to bail. The onus of proof in bail applications, other than Schedule 5 and 6 offences is borne by the State. Where Schedule 5 or 6 is applicable the onus is on the applicant. There are different requirements between schedule 5 and 6 that must be met by the applicant before release on bail is granted. In Schedule 5 offences the bail applicant must satisfy the court that the interests of justice permit his or her release. In determining whether the interests of justice permit the release of a particular applicant on bail, the courts are guided by the provisions of section 60(4) to (9) inclusive of section (11B)(c) of the Criminal Procedure Act. In such determination the courts must also take into account of section 60(60)(a) to (g) of the Criminal Procedure Act. In Schedule 6 offences there are two requirements namely: the exceptional circumstances and the interests of justice. The term “exceptional circumstances” does not have a closed definition. Both requirements must be established by means of written or oral evidence to the satisfaction of the court before bail may be granted. As pointed out above, the State may still oppose the release on bail of the applicant. It is now accepted in bail applications that ordinary circumstances may in particular context be blended with exceptional or unusual elements. In such cases the court is expected to apply its independent evaluation of evidence in order to determine whether the exceptional circumstances in the interests of justice permit the release on bail. Similarly to the South African bail jurisprudence the Rome Statute of the International Criminal Court recognises a right of the arrested person to apply for the interim release. It also recognises the need to establish exceptional circumstances for such release. The South African bail jurisprudence recognises the right to bail, and places reasonable and procedural limitations founded on the constitutional values and interests of justice. There are still practical challenges that need to be addressed as a results of the stringent requirements in section 60(11)(a) and (b) of the Criminal Procedure Act that relate to Schedule 5 and 6. It is therefore recommended that there is a need for the following: 1. Legislative intervention that will regulate and limit the time spent on investigations where bail has been refused. 2. Legislative intervention that will provide for an automatic review procedures in Schedule 5 or 6 offences where bail is refused on grounds that the interests of justice do not permit the release of the applicant on bail or for failure to prove exceptional circumstances. It is submitted that this may assist in reducing refusals of bail based on mistaken understanding of the law or facts or irregularities that may be prejudicial to the applicant or the administration of justice; or 3. Legislative intervention that will make it mandatory for a court that refuses to grant bail to reconsider its decision after a certain period in future provided that the trial has not been commenced with, in order to determine whether further incarceration is necessary or proportionate to the offence. It is submitted that this may assist the court to enquire into unreasonable delays on investigations or changed circumstances of the applicant in order to enable the court to reconsider its previous decision if necessary. This may further assist in offences where it is foreseeable that the trial court is likely to pass a partly or wholly suspended sentence in case of conviction. For example some cases fall within the scope of Schedule 5 by virtue of a previous conviction on Schedule 1 or release on bail on a Schedule 1 offence. The above recommendations may directly or indirectly contribute in balancing the scales of justice during the bail proceedings and its aftermath. These may contribute to the reduction of high numbers of the in custody awaiting trial prisoners while not compromising the current bail procedures.
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Malavaux, Claire. "Cultivating indifference : an anthropological analysis of Australia's policy of mandatory detention, its rhetoric, practices and bureaucratic enactment." University of Western Australia. School of Social and Cultural Studies, 2007. http://theses.library.uwa.edu.au/adt-WU2008.0120.
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This thesis is based on a particular domain of anthropological inquiry, the anthropology of policy, which proposes that policy be contemplated as an ethnographic object itself. The policy I consider is Australia's refugee policy, which advocates the mandatory detention of
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Soares, Joaquim JF, Örjan Sundin, Eija Viitasara, Maria Gabriella Melchiorre, Mindaugas Stankunas, Jutta Lindert, Francisco Torres-Gonzales, Henrique Barros, and Elisabeth Ioannidi-Kapolou. "Quality of life among persons aged 60-84 years in Europe: The role of psychological abuse and socio-demographic, social and health factors." Mittuniversitetet, Avdelningen för hälsovetenskap, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:miun:diva-18658.
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Background: Elder abuse and its effects are a serious public health issue. However, little is known about therelation between psychological abuse, other factors (e.g. social support) and quality of life (QoL) by domain. This studyaddressed differences in QoL by domain between psychologically abused and non-abused. While considering otherfactors such as social support. Methods: The respondents were 4,467 (2,559 women) randomly selected persons aged 60-84 years living in7 European cities. The mean response across countries was 45.2%. The cross-sectional data were analyzed withbivariate/multivariate methods. Results: Abused respondents contrasted to non-abused scored lower in QoL (autonomy, 67.42 ± 21.26 vs. 72.39± 19.58; intimacy, 55.31 ± 31.15 vs. 67.21 ± 28.55; past/present/future activities, 62.79 ± 19.62 vs. 68.05 ± 18.09;social participation, 65.03 ± 19.84 vs. 68.21 ± 19.77). Regressions showed that abuse was negatively associated withautonomy, intimacy and past/present/future activities, and positively with the social participation. All QoL dimensionswere negatively associated with country and depressive/anxiety symptoms, and positively with social support. Further,variables such as age, sex and somatic symptoms were negatively associated with some of the QoL dimensions andothers such as family structure, education, health care use and drinking positively. The regression model “explained”32.8% of the variation in autonomy, 45.6% in intimacy, 44.8% in past/present/future activities and 41.5% in socialparticipation. Conclusions: Abuse was linked to lower QoL in most domains, but other factors such as depressive symptomsalso carried a negative impact. Social support and to some extent family structure had a “protective” effect on QoL.Abuse, health indicators (e.g. depressive symptoms) and social support should be considered in addressing the QoL ofolder persons. However, QoL was influenced by many factors, which could not be firmly disentangled due to the crosssectionalapproach, calling for longitudinal research to address causality.
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Best, Sylvia Renee Martina. "The British Foreign Office, the United Nations Relief and Rehabilitation Administration (UNRRA), and the displaced persons problem in British-occupied Europe, 1944-1947." Thesis, London School of Economics and Political Science (University of London), 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.267090.
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Morgante, Victoria. "Le droit à la protection de la santé des personnes détenues." Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2077.
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Toxicomanie, viols, échanges de seringues, hygiène, psychiatrie, vieillesse carcérale : la personne détenue est considérée comme « personne à risque de par son environnement ». Le détenu usager du service public, doit néanmoins rester une personne capable de revendiquer le respect de ses droits fondamentaux. La protection de la santé est un droit pour l’Homme, liée à un devoir de l’état qui doit la lui assurer. Nul ne peut nuire à la santé d’autrui, pas même un établissement pénitentiaire.La loi du 18 janvier 1994 relative à la santé publique et à la protection sociale a posé le socle d’un nouveau cadre de soins en milieu pénitentiaire. Elle confiait au service public hospitalier, la prise en charge de la santé des détenus. Les enjeux dépassent néanmoins aujourd’hui le simple aspect médical. Ils atteignent les principes fondamentaux du droit pénal et de la procédure pénale tant au niveau national qu’européen. En effet, sous l’impulsion des évolutions internationales et européennes, notre droit s’est doté d’un statut pour les détenus, dont celui du droit à la protection de la santé, devenu un droit fondamental. Néanmoins, si cette évolution a permis une avancée considérable dans l’effectivité du droit aux soins des détenus, des difficultés demeurent et ont été révélées encore aujourd’hui par la crise sanitaire liée au Covid-19, dès lors que le droit à la protection de la santé doit être concilié avec l’impératif sécuritaire.Si les questions en lien avec la santé sont désormais inscrites dans la jurisprudence de la Cour de cassation et de la Cour européenne, l’harmonisation de ce droit avec le droit pénal doit cependant passer par une affirmation de la protection des droits du détenu. Cette protection se doit d’être double : substantielle et procédurale.Etant un droit subjectif, le droit à la protection de la santé des détenus devrait tenir compte des différences avec celui de la population libre. Il exige une discrimination positive sur le plan des garanties procédurales, notamment le droit au recours effectif. Malgré la perte d’autonomie qu’implique la détention et ses impératifs sécuritaires, le détenu qui se trouve dans une situation juridique qui s’y prête, doit pouvoir en saisir les opportunités procédurales.Les questions de la responsabilité et du comportement des soignants en cas de faute, des facteurs d’exposition à ces risques par le versant pénitentiaire ou judiciaire, ou encore de la responsabilité de l’administration pénitentiaire, font partie de ces situations juridiques. Le détenu malade ne jouit néanmoins d’aucune protection spécifique. Si les soignants du milieu pénitentiaire doivent travailler en étroite collaboration avec l’administration pénitentiaire, les juridictions devront également y être associées afin de pouvoir tenir compte de l’état médical du détenu dans toutes les décisions et ce, dans une optique d’individualisation de la peine.Cependant, le contexte particulier du temps carcéral et de l’enfermement rend complexe la mise en œuvre de ces principes substantiels et procéduraux : la crise sanitaire liée au Covid en est un parfait exemple récentSubstance abuse, rape among fellow prisoners, needle exchanges, deplorable hygiene, psychiatry, old age in prison: the prisoner is a " person at risk due to his environment". Nevertheless, prisoners, who are users of a public service, must not be deprived of the capacity to claim their fundamental human rights. The protection of health is a human right, linked to a duty of the state which must ensure it. No one can harm the health of others, not even a penitentiary etablishment.In this context, the Public Health and Social Protection law of January 18 th, 1994 was a real turnaround in custodial spheres. It gave responsibility for prisoner’s health to the public hospital service. Yet, although this law was a great step forward in the effective recognition of prisoners’ rights, the reconciliation of the imperative of security with the respect of such rights still poses problems today. The issues today go beyond the simple medical aspect. They achieve the basic principles of criminal law and procedure both at national and European level.Indeed, under the impetus of international and European developments, our law has acquired a status for prisoners, including that of the right to health protection, which has become a fundamental right. However, if this development has enabled considerable progress in the effectiveness of the right to care for detainees, difficulties remain and have been revealed even today by the health crisis linked to Covid-19, since the right to protection of health must be reconciled with the imperative of security.While health-related issues are now included in the case law of the Court of Cassation and the European Court, the harmonization of this law with criminal law must however go through an affirmation of the protection of the rights of the detainee. This protection must be twofold: substantive and procedural.Being a subjective right, the right to protection of the prisoner’s health should take into account the differences with that of the free population. It demands positive discrimination in terms of procedural guarantees, in particular the right to an effective remedy. Despite the loss of autonomy that detention entails and its security imperatives, the detainee who finds himself in a suitable legal situation must be able to seize the procedural opportunities.For issues such as the responsibility and the behavior of fault-committing health care providers, risk exposure factors related to prison and law enforcement, or to the responsibility of the prison authorities, are among these legal situations If prison health care workers are to work in close conjunction with the prison administration, the courts must also be involved so that the medical condition of the detainee can be taken into account in all their decisions and sentences can be individualized. However, the particular context of prison time and confinement makes it difficult to implement these substantive and procedural principles: the health crisis linked to Covid is a recent perfect example
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Beach, Brian. "The role of employability in the labour market transitions of older workers : a cross-national study in Europe." Thesis, University of Oxford, 2016. http://ora.ox.ac.uk/objects/uuid:3f21ef3b-f24a-4fb8-8804-6a6990e414d6.
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In light of current population dynamics across Europe, employability has been highlighted in policy circles as a way to enhance the employment situation for older people and to extend working lives. This research examines the concept of employability in the context of older workers (aged 50-64) in a number of European countries. The definition of employability is elaborated through prior research to develop a conceptual framework for analysis. This multidimensional framework is then applied using multiple waves of the English Longitudinal Study of Ageing (ELSA) and the Survey of Health, Ageing, and Retirement in Europe (SHARE). The analysis identifies the associations of indicators representing the dimensions of employability on labour market status through a cross-sectional approach, before expanding to explore their relationship with labour market transitions in and out of employment. This is first done using English data before introducing macroeconomic variables in a multilevel model of 13 European countries to incorporate the cultural and contextual factors that may impact trends in labour market outcomes of older workers. Overall, the findings suggest that, while some of the conceptual dimensions of employability are associated with labour market outcomes, many of these relationships relate to broader socio-economic factors as well as the contextual environment in which older workers find themselves. In other words, for policy approaches to improve employment in later life, a focus on the concept of employability may be a less effective approach than concentrating on more specific factors that shape the structure of opportunities for older workers.
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Askam, Richard. "Memory, truth and justice: A contextualisation of the uses of photographs of the victims of state terrorism in Argentina, 1972-2012: Communicating an intersection of art, politics and history." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2014. https://ro.ecu.edu.au/theses/1339.
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Photographs of the victims of Argentine state terrorism from 1972 to 1983, and most prominently those of the detained-disappeared victims of the Proceso de Reorganización Nacional dictatorship (1976-1983), have had a significant role in elucidating the demands of human rights activists since the aftermath of the Trelew Massacre in 1972. In this thesis I examine the role of photographs of victims of state terrorism in the construction of unofficial, or counter, narratives critical of those produced by two dictatorships and by elected democratic administrations in the demand for truth and justice, and in the construction of social memory. I discuss how the photographs have operated during distinct historical periods and the threads that have emerged in response to the longer timeframe of state terrorism (1972-1983), in terms of what sociologist Daniel Feierstein (2011) calls explanatory frameworks. Feierstein’s term looks at how state terrorism has been approached in distinct political periods. Those explanations include war and genocide
In order to answer the questions; how do bodies of photographs articulate and at times drive political and social debates regarding state repression in Argentina, and how are they used to frame an understanding of state violence during changing political conditions?, the study embeds the use of photographs by artists and activists within an extensive historical narrative constructed from the data retrieved from a number of key publications from the 1970s and 1980s and archival documents and photographs held by human rights organisations in Argentina.
The study addresses significant gaps in existing scholarship. Much existing literature focuses on the Mothers of the Plaza de Mayo’s use of photographs of the detained-disappeared victims of the Proceso de Reorganización Nacional during that dictatorship. These analyses are dominated by the application of Barthesian photographic theory that rests on photography’s capacity to simultaneously represent absence and presence (Barthes, 1981; Longoni, 2010; Tandeciarz, 2006; Taylor, 2002). That period is one significant part of a longitudinal campaign conducted in Argentina from 1972. This thesis furthers the discussion, particularly in the examination of the continued use of photographs by one of the two factions of the organisation; the Mothers of the Plaza de Mayo: Founding Line, following the organisation’s 1986 split, and by an examination of the role of a small number of photographs of victims taken in a Clandestine Detention Centre (CDC).
From the Proceso the use of photographs has been informed by the imposition of limits with respect to information on the fate of victims and by the demand for information on the victims. The small number of state produced photographs or repressive photographs (Sekula, 1986) emerged into the public realm in 1984 and formed part of the records produced for all victims held in Clandestine Detention Centres.
Allan Sekula’s honorific and repressive photographic poles underpins my analysis of the importance of photographs during distinct political periods and their uses in art works, the legal arena, and in demonstrations. I examine how those repressive and honorific (Sekula, 1986) and disciplinary photographs (Tandeciarz, 2006) which originated in the family realm or non repressive state agencies have underpinned the pursuit of truth and justice. Only through an extensive examination do core aspects of the uses of photographs of victims of state terrorism emerge with clarity.
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Greenhalgh, Charlotte Maree. "An age of emotion : expertise and subjectivity in old age in Britain, 1937-1970." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:18c215e1-a9fe-43ac-9879-9a8da8678836.
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This thesis heeds W. Andrew Achenbaum’s call for historians of ageing to analyse the inner lives of their subjects. Building on and problematizing existing studies of health and welfare policies for the old, it explores the ways that mid-century public and private life shaped how individuals felt about old age. Both public discussions and private narratives of ageing are used to consider how older people understood and expressed their emotional experiences during a challenging period of the life cycle. I argue that old age in general, and its emotional dimensions in particular, are missing from British historiography. Yet both were vital to social life in the mid-century, when the ageing population was an important political issue and a large number of experts hoped to manage the emotional and psychological aspects of this ‘problem’. This thesis begins by setting out this national context for old age, showing that heightened interest in ageing and emotion were significant influences over the expansion of the welfare state. However, contrary to the expectations of mid-century researchers and policy-makers, my subsequent chapters show that older people frequently maintained their social roles and relationships through informal means. This thesis explores how ageing men and women engaged with work, retirement, ill health, marriage, bereavement, fashion, beauty culture, and autobiography as opportunities to find meaning in late life. Together, these varied perspectives on old age make a series of interventions in its history. I argue that historians could do much more to detail the significance of the life cycle for their subjects, whether they write political, social, or cultural history. As this thesis shows, such studies should approach ageing as a lifelong and personal process, which has been shaped by reminiscence and story-telling. I suggest that historians of emotion are best-equipped to write scholarship that is sensitive to the passing of time and personal biography in this way.
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Duffy, Maureen T. "The U.S. immigration detentions in the war on terror : impact on the rule of law." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82658.
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The terrorist attacks on September 11, 2001, resulted in dramatic legal changes in the U.S. As part of its investigation into the attacks, the U.S. Government detained approximately 5,000 "aliens" from predominantly Muslim countries. These detentions were characterized by minimal, and sometimes non-existent, habeas corpus and due-process protections. During times of crisis, care should be taken that panic not be allowed to prevail over long-cherished constitutional values. This thesis examines Government actions in light of constitutional principles to examine the larger question of whether the War on Terror detention practices have permanently undermined the rule of law in the U.S.The factual and legal scenarios in this area have been changing at a rapid rate, and they will certainly continue to change. Those constant changes have presented a special challenge in writing this thesis. The facts and legal scenarios described herein, therefore, are current as of January 31, 2005.
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Kilian, Clive Linton. "The status of the Al Qaeda and Taliban detainees at Guantanamo bay." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/826.
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The United States of America has in its custody several hundred Taliban and Al Qaeda combatants who were captured after the September 11, 2001 attack and during the war in Afghanistan. These prisoners are incarcerated at the Guantanamo naval base in Cuba. The treatment given to these detainees has elicited widespread criticism, as well as unprecedented intellectual and legal debates regarding prisoners of war. In order to fully understand the position of the Guantanamo Bay detainees, one has to be aware of the origins of the prisoner-of-war phenomenon. From biblical times, through the countless conflicts that were waged across the globe through the ages, the concept of “prisoner of war” gradually evolved. Growing concern for the plight of prisoners of war was paralleled by the development of the laws of war, which sought to regulate the conduct of combatants during an armed conflict. The laws of war that have bearing on modern day States are those documented in the Geneva Conventions. The Geneva Conventions regulate armed conflicts and set out the requirements for prisoners of war, as well as their trial rights. The United States, in declaring the Guantanamo Bay detainees “unlawful combatants” or “illegal enemy combatants”, terms which are undefined in International Law, have sought to evade the prescripts of the Geneva Conventions. In direct contravention of the Geneva Conventions, the Guantanamo Bay detainees are denied the right to humane treatment, a fair trial and due process of the law. Prior to Hamdan vs Rumsfeld, the United States’ position was challenged with very little success. The Supreme Court, in Hamdan vs Rumsfeld, directed the president to accord the detainees the protections of the Third Geneva Convention. The relief brought by this decision was very short lived. In September 2006 the United States Congress passed the Military Commissions Act of 2006. This Bill gives the president of the United States unfettered power in dealing with anyone suspected of being a threat to the State, as well as the authorisation to interpret and apply the Geneva Conventions according to his sole discretion.
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Vant, Megan. "In Legal Limbo? The status and rights of detainees from the 2001 war in Afghanistan." The University of Waikato, 2007. http://hdl.handle.net/10289/2448.
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During the 2001 war in Afghanistan hundreds of people associated with the Taliban or al Qaeda were arrested by United States forces and transported to the Naval Base at Guantanamo Bay, Cuba. The legal status and treatment of these detainees has been an ongoing problem over the last five years. The majority have been given no recourse to justice and allegations of inhuman treatment and torture have been frequent. The first issue raised by the incarceration of these people is whether any of them may be entitled to Prisoner of War status. The evidence shows that, in general, the Taliban and al-Qaeda fighters were not lawful combatants, and hence they are not entitled to Prisoner of War status. While the rights of Prisoners of War are well documented and generally uncontested, the rights of people not entitled to Prisoner of War status are not so easily definable. Despite classification as unlawful or unprivileged combatants, the detainees are not in legal limbo - they are still entitled to the benefit of certain fundamental human rights. There are applicable protections under the Fourth Geneva Convention, Additional Protocol I, the International Covenant on Civil and Political Rights and the United Nations Convention Against Torture. The main rights upheld by these documents are the right to liberty and freedom from arbitrary detention; the right to a fair trial; and the right to life. Furthermore, there is a requirement of humane treatment and an absolute prohibition on torture. Reports from international humanitarian watchdogs such as the International Committee of the Red Cross, Amnesty International and Human Rights Watch suggest that the United States Government is not upholding the rights held by the detainees. It is essential that the United States Government recognises the fundamental rights owed to the detainees and ensures that they receive the requisite treatment and access to justice.
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Sheldon, Dania S. K. "'Unregarded age' : texts and contexts for elderly characters in English Renaissance drama, c.1480-1625." Thesis, University of Oxford, 2000. http://ora.ox.ac.uk/objects/uuid:20f5d513-2121-4cb6-afcb-de9846ab9a8e.
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This study seeks to provide historical and literary contexts for elderly characters from English play-texts c.1580 to 1625. Its primary aim, from a literary perspective, is to draw attention to the ways that a better understanding of elderly characterisation can enrich the appreciation of much-studied play-texts, and to indicate some interesting features of more obscure ones. Its secondary aim is to suggest the value, for social historians of old age in early modern England, of play-texts as social evidence. I have examined most of the published extant play-texts of the period, and have found approximately 150 of these to be relevant (the most important of these are listed in the Appendix). Because of the problems of handling all aspects of such a large amount of material, I have chosen to consider the plays chiefly as texts to be read, with little reference to their performative aspects. However, I analyse the dramas as literary as well as social documents. Specific plays provide illustrations for observations and support for various hypotheses about dramatic representations of the elderly. In some instances, I address plays which have received little critical attention. The thesis falls into two parts. In the first three chapters, I discuss the socio-historical, cultural and non-dramatic literary contexts for representations of elderly men and women in play-texts. In chapters four through seven, I examine elderly characters in specific role or relationship categories: as sovereigns and magistrates, in sexual and marital relationships, and as parents. In the final chapter, I offer a detailed analysis of The Old Law by Thomas Middleton and William Rowley.
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Soberanis, Solís Laura Marina. "La configuración constitucional de la detención preventiva como límite especifico al derecho a la libertad personal. Sus consecuencias e incidencia sobre otros derechos fundamentales." Doctoral thesis, Universitat Autònoma de Barcelona, 2017. http://hdl.handle.net/10803/457895.
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Esta Tesis Doctoral analiza la detención preventiva y los derechos fundamentales con los que ésta se relaciona, en ambos casos considerándolos como instituciones jurídicas de origen ius fundamental. Para el desarrollo de la investigación se tuvo en cuenta, ex arts. 10 y 93 CE, la integración –diferenciada—de distintos sistemas de derechos fundamentales: el de la Constitución, el que nace a partir del Convenio Europeo de Derechos Humanos, el derivado de la Carta de los Derechos Fundamentales de la Unión Europea y el Universal de Derechos Humanos; por tal razón, el método de análisis utilizado permitió la construcción del referente constitucional de cada una de las instituciones abordadas a partir de su previsión en: 1) el texto constitucional y su interpretación a cargo del Tribunal Constitucional, 2) el Convenio Europeo de Derechos Humanos interpretado por el Tribunal Europeo de Derechos Humanos, 3) la Carta de los Derechos Fundamentales de la Unión Europea y la interpretación realizada por el Tribunal de Justicia de la Unión Europea y, de manera complementaria, las previsiones del Pacto Internacional de Derechos Civiles y Políticos y su órgano de vigilancia. En consecuencia, esta Tesis Doctoral descansa principalmente en la doctrina jurisprudencial de los órganos jurisdiccionales previamente mencionados, buscando su sistematización y armonización y, de manera complementaria, se apoya en bibliografía especializada. El trabajo se estructura en cuatro capítulos: El primero se aboca al análisis de la configuración constitucional de la detención a partir de la identificación y estudio de los elementos que la perfilan como institución jurídica constitucional (estructura, finalidad, presupuesto habilitante, contenido, titularidad, ejercicio y límites), los cuales permiten comprender su justificación, naturaleza y eventuales consecuencias. En el segundo se identifican y estudian los derechos fundamentales que deberían asegurarse a toda persona detenida, también se identifican los elementos que delinean el perfil de cada uno de los derechos-garantía (marco constitucional, estructura, función, presupuesto habilitante, contenido, titularidad, ejercicio y límites) para determinar sus alcances, finalidad y trascendencia durante el íter de la detención. En el tercero se analizan las restricciones que con motivo o en el marco de la detención preventiva pueden padecer, al margen de la libertad personal, otros derechos tales como los derechos a la integridad física y moral, a la intimidad personal y al secreto de las comunicaciones, a fin de determinar que afectaciones pueden resultar constitucionalmente válidas o no. En el cuarto se estudian las excepciones que puede haber al régimen general de la Detención Preventiva, sea con motivo de una suspensión general de derechos –art. 55.1 CE— o sea con motivo de la suspensión individual de derechos para el caso de investigaciones correspondientes a la actuación de bandas armadas o elementos terroristas –art. 55.2 CE—.This Doctoral Thesis analyses the preventive detention and those fundamental rights which it is related to, in any case considered as legal institutions on an ius fundamental basis. The research was carried out ex arts. 10 and 93 SC, taking account of the integration of different systems of fundamental rights: the one stablished by the Constitution, the one arising from the European Convention on Human Rights, the one emerging from the Charter of Fundamental Rights of the European Union and the one identified as Universal System of Human Rights. On account of this, the method of analysis allowed the construction of the constitutional reference of each of the abovementioned legal institutions, considering: 1) The constitutional provisions and its interpretation by the Constitutional Court of Spain, 2) The European Convention on Human Rights as interpreted by the European Court of Human Rights, 3) The Charter of Fundamental Rights of the European Union and its interpretation by the Court of Justice of the European Union, and to complement the above, the International Civil and Political Rights Covenant provisions and some of its relevant interpretations. Therefore, this Doctoral Thesis mainly relies on jurisprudential doctrine of the Courts previously referred, seeking to systematise and harmonise it and, as a complement, some specialised bibliography was also used. The Thesis is structured in four chapters: Chapter one discusses the constitutional configuration of preventive detention from the identification and study of the elements shaping it as a constitutional legal institution (structure, purpose, enabling conditions, content, entitlement, exercise and limitations), which allow to understand its justification, nature and potential consequences. The second chapter identifies and scrutinises those fundamental rights which should be guaranteed to every arrested person, furthermore the elements outlining the profile of each of the guarantee-rights are identified (constitutional framework, structure, function, enabling conditions, content, entitlement, exercise and limits) determining the concrete scope, purpose and significance of every right during the detention period. The third chapter analyses possible restrictions on the right to physical and mental integrity, the right to private life and the right to privacy of communications, either by reason or in the context of preventive detention, in order to distinguish between affectations suffered during detention which could have constitutional acceptance and the ones going beyond the constitutional limits. The fourth chapter examines possible exceptions to the ordinary regime of preventive detention, either due to the general suspension of rights –art. 55.1 SC— or on the occasion of the individual suspension of rights in case of investigations related to activities of armed bands or terrorist elements –art. 55.2 SC—.
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Francois, Anne. "Exploiter terres et populations conquises au nom du national-socialisme : l'Ostland dans les Ardennes pendant la Seconde Guerre mondiale." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMC030/document.
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En mai 1940, la population ardennaise fuit devant l’arrivée des troupes allemandes. Les ressources économiques et agricoles du département, qui faisaient pourtant l’objet de plans d’évacuation préparés dès les années 1930, sont abandonnées à l’occupant. Quelques semaines plus tard, une vaste zone du nord-est de la France, dont les Ardennes font partie, est déclarée « zone interdite ». Les terres cultivables sont confisquées à leurs propriétaires et prises en charge au profit du Reich par une entreprise appelée Ostland, qui a déjà orchestré un semblable mouvement de spoliation en Pologne depuis son invasion. L’une de ses filiales régionales, la WOL III, met en place dans les Ardennes un vaste projet d’implantation des méthodes agricoles nationales-socialistes qui nécessite une abondante main-d’œuvre. Des agriculteurs allemands, appelés « chefs de culture » sont diligentés sur place et gèrent de grandes exploitations dans lesquelles travaillent plusieurs milliers de prisonniers français et coloniaux ainsi que 5 000 agriculteurs ardennais contraints à se mettre à leur service. Des ouvriers juifs sont également recrutés et des milliers de Polonais, expulsés de leurs villages, sont déportés pour travailler dans ces fermes qui exercent une agriculture intensive. Cette situation engendre des tensions sociales qui s’expriment particulièrement lors de la Libération et lors de procès d’épuration qui visent certains employés de l’Ostland. Les autorités françaises tentent de gérer au mieux la liquidation de l’entreprise allemande et l’organisation du rapatriement des Polonais dans leur pays, deux opérations difficiles qui nécessitent de longs mois. La reconnaissance des victimes de l’Ostland est inégale et tardive puisqu’elle n’intervient qu’à partir des années 1990. Des mémoires distinctes et spécifiques aux différents groupes de travailleurs émergent aussi à cette époque et s’expriment lors de commémorationsIn May 1940, the population of the Ardennes fled from the arrival of the German troops. The economic and agricultural ressources of the department, which yet had been subject to evacuation plans since the thirties, were given up to the occupying forces. A few weeks later, a large area of the North-East of France including the Ardennes was declared « forbidden zone ». The cultivable land was confiscated from its owners and taken over for the benefit of the Reich by a company named Ostland, which had already orchestrated a similar spoliation movement in Poland since its invasion. One of its local subsidiaries, WOL III , set up in the Ardennes a vast project to implement the National Socialist agricultural methods which required an abundant workforce. Some German farmers, called crop managers, were sent out there to run large farms on which several thousands of French and colonial prisoners as well as 5000 Ardennes farmers were working under duress. Jewish labourers were also recruited and thousands of Poles, expelled from their villages, were deported to work on these farms with intensive agriculture. This situation caused social tensions that were particuliarly evident during the Liberation and during the « purification » trials involving some WOL employees. French authorities tried to manage the liquidation of the German company and the organisation of the repatriation of the Poles, two difficult operations that took many months to complete. Recognition of Ostland victims was uneven and late since it occurred only from the 1990s onwards. Distinct memories specific to the different groups of workers also emerged at that time and were expressed during commemorations
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CORNELISSE, Galina. "Immigration detention, territoriality and human rights : towards destabilization of sovereignty's territorial frame." Doctoral thesis, 2007. http://hdl.handle.net/1814/7028.
Full textAbstract:
Defence date: 7 May 2007Examining Board: Prof. Neil Walker (Supervisor, European University Institute) ; Prof. Marise Cremona (European University Institute) ; Prof. Pieter Boeles (Leiden University) ; Prof. Dora Kostakopoulou (University of Manchester)
First made available online on 10 July 2018
From a sociological point of view, camps or transit zones may present the institutionalisation o f temporariness as a form of radical social exclusion and marginalisation in modem society and a conservation of borders as dividing lines
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McMaster, Don. "Detention, deterrence, discrimination : Australian refugee policy / Don McMaster." Thesis, 1999. http://hdl.handle.net/2440/19457.
Full textAbstract:
Bibliography: leaves 385-420.vi, 420 leaves ; 30 cm.
Title page, contents and abstract only. The complete thesis in print form is available from the University Library.
An exploration of the Australian refugee detention policy, which argues that the resort to detention is discriminatory and founded in the fear of Australia's "significant other" - the Asian.
Thesis (Ph.D.)--University of Adelaide, Dept. of Politics, 1999
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ZIORKIEWICZ, Beata. "Covert methods of communication used by persons deprived of liberty." Doctoral thesis, 2006. http://hdl.handle.net/1814/6369.
Full textAbstract:
Defence date: 27 September 2006Examining board: Prof. Antonio Cassese, Supervisor, former EUI; Law Faculty, University of Florence ; Dr Silvia Casale, President, European Committee for the Prevention of Torture (CPT), Strasbourg ; Prof. Bruno De Witte, European University Institute, Florence ; Prof. Zbigniew Holda, Jagiellonian University, Krakow, Poland
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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Nisa, Richard. "Demons, phantoms, monsters law, bodies, and detention in the war on terror." 2007. http://hdl.rutgers.edu/1782.2/rucore10001600001.ETD.16754.
Full text
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Torr, Douglas John. "God has been detained : an examination of the detention experience of a few Christian activists to see whether there is an emergent theology of detention." Thesis, 1997. http://hdl.handle.net/10413/5636.
Full textAbstract:
In this thesis we will describe the ways in which detainees have dealt with
their experience of detention using various coping skills. Through using the psychological theory of the hardy personality and combining this with various theological categories, we will see how they could deal with the stress of detention. In this way then it is hoped that their experiences will serve as the beginning of a local emergent theology of detention experiences. We will look at how they exercised commitment, and this will be examined by the role which faith plays as an agent of commitment. Faith will be interpreted as a symbol. We will, therefore, look at the role that dreams and visions, reading scripture, praying, and worshippinq played in helping the detainees deal with the stress of detention. The control component of the hardy personality will be dealt with by showing how by exercising forgiveness, creating justice, and using community, detainees were able to feel they had control in this stressful situation. The hardy personality theory is based on an existential theory that says that life is constantly changing. We will see how Christian detainees are able to cope with change by challenging their situation through the use of a theology of hope. In concluding this study of detention we look at the real evil of detention. We will, therefore, look at the negative effects of detention that these detainees were subjected to as part of their experience of detention. We will look at the psychological categories of dread, dependency, and debility. These categories are seen as companion parallel concepts to commitment, control, and challenge. Having done this, and bearing in mind that one of our aims in doing this study is to see if we are able to provide some ideas towards a pastoral model for dealing with the past hurt of detention, we then look at the Truth and Reconciliation Commission and the challenges it poses for the churches. In doing this we will attempt to show how resources drawn from the faith tradition of Christian activists may be used in helping detainees do 'suffering work' and deal with debility, dependency, and dread.Thesis (M.A.)-University of Natal, Pietermaritzburg, 1997.
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RENZO, CHIARA. "«Where Shall I Go?» The Jewish Displaced Persons in Italy (1943-1951)." Doctoral thesis, 2017. http://hdl.handle.net/2158/1080224.
Full textAbstract:
This Ph.D dissertation aims at analysing political, social and cultural dynamics related to the history of the Jewish displaced persons (DPs) in refugee camps, assembly centers, hachsharot and kibbutzim in Italy between 1943 and 1951. The research is based on hitherto unexplored primary sources collected in archives located in Italy, Israel and the UK.
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ANIŠIĆ, Maša. "Innovative aspects of the UN convention on the rights of persons with disabilities." Doctoral thesis, 2013. http://hdl.handle.net/1814/28025.
Full textAbstract:
Award date: 20 June 2013Supervisor: Dr. Claire Kilpatrick, European University Institute.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The thesis examines the innovations introduced by the United Nations Convention on the Rights of Persons with Disabilities in the international human rights arena. It addresses three separate aspects of the Convention, i.e., its drafting process, its general and substantive provisions, and its provisions on implementation and monitoring. The main focus of the thesis is on the innovative mechanisms for stronger social rights realisation found within the general and substantive provisions of the Convention. The thesis argues that the Convention’s innovative use of nondiscrimination, equality, and social participation mechanisms presents a new tool that moves social rights closer to civil rights and consequently provides an effective framework for their stronger realisation. The drafting process and the implementation provisions are analysed to the extent to which they relate to the stronger social rights realisation. The thesis argues that the innovations in the drafting process affected the experimental nature of the Convention’s content and explores the future implications of stakeholder participation in the Convention’s drafting process by comparing it to the drafting of other relevant international treaties. The innovations within the implementation and monitoring provisions are relevant to the fostering of social rights, since these provisions are tasked with transforming the Convention’s text into an actual lever of change. The thesis identifies the problems currently faced by the treaty bodies, and provides an overview of the CRPD’s mechanisms to address such problems. The thesis aims to determine whether these innovations are CRPD specific, or part of a broader trend in international human rights law and to offer some concluding remarks on the Convention’s innovative mechanisms, particularly where they relate to fostering the stronger realisation of social rights and their potential to produce effects beyond the scope of disability law.
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Stephens, Oluyemi Adetunji. "A comparative study of prison systems in African countries." Thesis, 2018. http://hdl.handle.net/10500/24232.
Full textAbstract:
The situation of prisons in Africa has been of concern to practitioners in the criminal justice system, researchers, policy makers, the government and even international organizations. Likewise, is the challenge of not having adequate information about prison system in Africa. In addition, most African countries are signatories to international treaties and convention regarding the treatment of prisoners, to what extent are prisons in Africa complying with the provisions and recommendation of such treaties and conventions. This study was therefore designed to explore the prison system in Africa countries.
As part of its objectives the study explored the prison condition in countries in Africa as exemplified by the physical structure of the prison buildings; living conditions with regards to overcrowding, medical care, separation of categories, food, sanitation, beds and beddings, administration and independent monitoring. Furthermore, the treatment and prison conditions of pre- trial detainees were also considered. Similarly, this thesis evaluated the treatment and prison conditions of prisoners with special needs. This category of prisoners include prisoners with mental health care needs, prisoners with disabilities, foreign national prisoners, older prisoners, prisoners on the death row and prisoners living with HIV/AIDS. The conditions and treatment of women prisoners, pregnant women prisoners, and babies living with their mothers in prison were also discussed. The Nelson Mandela Rules, Kampala and Luanda declarations were employed as a bench mark to ascertain whether the treatment and conditions in prisons in Africa meet up to international standards.
The study adopted a qualitative approach of inquiry using literature search as mode of inquiry. Data for the study was obtained from books, reports from international organisations such as United Nations, United Nations Office on Drugs and Crime, Penal Reform International, Amnesty International, international conventions and treaties among others, journals (Local, Africa and International), reports from selected countries, government legislations, policies, Acts, previous studies on prison system, web based information and national data.
The review of literature with regards to physical structure revealed that most prisons in African countries do not meet international standards pertaining to the issue of physical structure as most prison building are dilapidated and in bad conditions. The study further revealed that the prisons and treatment of prisoners in African prison do not meet international standards. In specific terms, most of the prisons in countries in Africa are overcrowded; most prisons are also characterized by inadequate medical care with lack of facilities, medical personnel and medications. To a large extent most prisons do not meet international standards with reference to separation of categories as most prisons in countries in Africa lock up awaiting trial persons with convicted persons, minor offenders with adult but in most cases women are separated from men. The food situation in most prisons in countries in Africa did not meet international standards in quantity and nutritional value. The finding of the study indicated that the sanitary conditions in most prisons in countries in Africa is in very poor condition which could lead to an outbreak of diseases, this too did not meet international standards. Most prisons in countries in Africa are typified by lack of beds and beddings, prisoners in some prisons sleep on bare floors while some sleep standing while others sleep in shifts. This condition does not meet international standards. With regards to administration it was equally revealed that the record keeping of most prisons in countries in Africa is inadequate, most prisons do not have an ombudsman where prisoners could lodge their complaints while corruption seem to also be rife. This do not meet international standards as well. However, on a good note, most prisons in countries in Africa do permit independent observers such as NGOs, human rights organisations and international organization to have access to the prisons
Furthermore, literature search disclosed that the population of awaiting trial person in prisons in Africa is very high when compared to the total prison population and that some countries in Africa are among countries in the world with highest number of pre - trial detainees. The treatment and living conditions of pre - trial detainees in most prisons in African countries do not meet international standards as they are locked in overcrowded cells, often locked up with convicted persons, no legal representation and having to stay longer that the stipulates without being charged to court. The thesis also conducted literature search on prisoners with special needs and the study point out that in each of the categories, prisons in countries in African countries do not meet international standards. For instance, there are no provisions to meet the mental health care needs of prisoners as there are no mental health practitioners, no facilities and no screening is conducted in most prisons. Similarly, there are no facilities to assist prisoners living with physical disabilities as well as older prisoners. The situation with foreign national prisoners are not different as there are no translation of prison materials that could make them adjust well to prison life, in some cases their consular are not contacted that they are in prison. With regards to prisoners on the death row, their conditions did not meet international standards as they are locked up in solitary confinement for most part of the day and their cells are often dirty with inadequate food and medical care. Some of this category of prisoners have been on the death row for as long as twenty years. For prisoners living with HIV/AIDS their treatment and condition does not met international standards as there are not treatment of any kind neither is there any form of screening conducted for inmates. For women prisoners, the treatment and conditions do not meet international standards as most prisons were not designed with women in mind. The living condition is unsanitary, unhygienic exemplified with inadequate toilet and bathroom facilities as well as no supply of peculiar needs of women such as sanitary towels. Review of literature equally indicates that there is no special treatment given to pregnant women prisoners. For children living with their mothers in prison, their treatment does not meet international standards as there is no special provision made for them, they share food with their mothers, some are locked up with their mothers for hours in overcrowded cells.
Based on the finding of this study, some recommendations were made. These include the need to conduct more studies on prisons in countries in Africa, the need to consider reviewing the indigenous methods of treatment of offenders before the advent of colonial masters, need for a synergy amongst all practitioners in the criminal justice. Other recommendations are that there should be more advocacy on the prison conditions, need to establish a special trust fund, involve the private sector as well as professional bodies and to professionalize corrections managementCorrections Management
Ph. D. (Criminal Justice System)
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Makgopa, Lazarus. "The prevention of deaths in police cells." Diss., 2014. http://hdl.handle.net/10500/13788.
Full textAbstract:
The research question of this study is to determine what circumstances and conditions
contribute to deaths in police cells. The study was undertaken in order to establish the causes of
deaths in police cells and the factors which contribute thereto, as well as to determine the best
international practices to prevent deaths in police cells. The literature was reviewed in order to
establish the extent to which this phenomenon has been researched in South Africa and in other
countries and to determine the regulatory framework related thereto. The researcher had
collected data from the dockets relating to deaths in police cells which were kept at the IPID
provincial offices in Gauteng and Limpopo. The data were collected by using the docket
analysis schedule and were categorised into themes during the analysis process. Four cause of
deaths in police cells were identified, namely, suicide, natural causes, assault by fellow
detainees and injuries which were sustained prior to detention. Suicide is the leading cause of
deaths. The second leading causes of deaths in police cells are natural causes and assault by
fellow detainees. Deaths as a result of injuries sustained prior to detention came third. The most
common ligatures which were used to commit suicide are shoe-laces, belts and strips torn from
clothing and bedding items. The preferred ligature points are the burglar proof bars on cell
windows. Booted feet and hands were the most common instruments used to inflict fatal injuries
on the detainees. It was also found that police officials are generally not complying fully with the
standing orders which regulate the management of people who are detained in police cells. The
failure of police officials to comply fully with the standing orders on custody in police cells
contributed to the deaths of detainees in police cells. Recommendations are made to prevent
the deaths of detainees in police cells.Police Practice
M. Tech. (Policing)
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Manawalia, Mehek. "The practice of extraordinary rendition : increasing accountability and oversight." Thesis, 2012. http://hdl.handle.net/1805/2847.
Full textAbstract:
Indiana University-Purdue University Indianapolis (IUPUI)Since the 9/11 terrorist attacks, the United States has transferred close to a hundred individuals suspected of terrorism to foreign jurisdictions through a process known as extraordinary rendition. This is an infamous program that allows for the transfer of individuals to a foreign jurisdiction for interrogation, detention, or trial. While the use of extraordinary rendition attracts widespread controversy regarding its use and legality, it remains a vital tool for combating international terrorism. Evidence in this thesis lends support to extraordinary rendition program, but recognizes that while the program strengthens the country’s ability to gather vital intelligence to combat terrorism, there are methods to improve the program. The extraordinary rendition program requires an assessment of the totality of circumstances before a extraordinary rendition is permitted; reliance on diplomatic assurances from countries that hold a good human rights record; and subsequent monitoring of individuals rendered to foreign states to ensure that transfers comply with U.S. and international law. Evidence suggests that extraordinary rendition aids in the ability to gather sensitive intelligence and serves as a gathering tool used by American presidents to preserve freedom and peace; however, in the eyes of critics, this program represents a perversely autonomous and un-American legal maneuver that avoids due process. This thesis seeks to discuss common misconceptions associated with the extraordinary rendition program and identify the major points of controversy. The first part explores the history of the extraordinary rendition program and provides an understanding of its roots and procedures. The second part, discusses the executive branch’s attempts to conduct extraordinary renditions morally and responsibly, and examines the legal oversight and accountability gaps surrounding the program. Part three identifies the line of authority empowering the President to conduct extraordinary renditions. It also outlines the struggle of the legislative, judicial and executive branches to strengthen the extraordinary rendition program’s compliance with the rule of law by increasing oversight and accountability. Finally, Part four discusses the future of the extraordinary rendition program. The discussion presents possible solutions to correct oversight and accountability problems and suggests a multi-faceted approach that raises the bar for extraordinary renditions, thereby closing the oversight and accountability gaps.
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Ratnasingham, Christine. "Australian quasi refugees and international refugee law : abetment or abdication?" Phd thesis, 2009. http://hdl.handle.net/1885/149981.
Full text
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Marto, Rita A. Gaspar. "Relatório de estágio curricular no Observatório de Tráfico de Seres Humanos." Master's thesis, 2016. http://hdl.handle.net/10362/19173.
Full textAbstract:
This report seeks to demonstrate the Portuguese situation with regards to human trafficking. It starts with the analysis of three legal instruments that are pillars at the international and European level, revealing how they have affected Portuguese policies aimed at preventing and combating human trafficking. It analyzes the evolution of the criminalization of trafficking in persons in the Portuguese Penal Code, since its original version to the latest. It provides an overview of the system of support and assistance to victims of trafficking and of the importance of coordination between public authorities and civil society associations. It explains how knowledge of the trafficking phenomenon is important and how the activity of the Observatory of Trafficking in Human Beings contributes to its comprehension. Lastly, it concludes with a brief background of the situation of refugees and explains how they are particularly vulnerable to trafficking networks.O presente relatório pretende retratar a realidade portuguesa face ao tráfico de pessoas. Parte da análise de três instrumentos jurídicos pilares a nível internacional e europeu, revelando de que forma interferem nas políticas portuguesas de prevenção e combate ao tráfico. Desenvolve a evolução da criminalização do tráfico de pessoas no Código Penal português, desde a versão original até à mais recente. Expõe o sistema de apoio e assistência às vítimas de tráfico e a relevância da articulação entre entidades públicas e associações da sociedade civil. Explica a importância do conhecimento do fenómeno do tráfico e de que forma a atividade do Observatório de Tráfico de Seres Humanos contribui para o mesmo. Termina com uma breve contextualização da situação dos refugiados e como se encontram especialmente vulneráveis às redes de tráfico.