Dissertations / Theses on the topic 'Domestic human rights law'
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1
Eick, Christophe N. "Enforcing international human rights law in domestic courts." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63973.
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Malkani, Bharat. "The judicial use of non-domestic human rights law." Thesis, University of Bristol, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.520220.
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Amit, Roni. "Judges without borders : international human rights law in domestic courts /." Thesis, Connect to this title online; UW restricted, 2004. http://hdl.handle.net/1773/10732.
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Fernandes, Joao Miguel de Brito Pinto. "Enforcement of international human rights law in domestic courts in Mozambique and Ghana." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1143.
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"The domestic courts have not been able to enforce international human rights in Mozambique and there are no institutions to address the concerns of victims of human rights abuses. A limited number of NGO's operating in the field of human rights play a role, which is not significant considering the number. Several factors, for example, the lack of knowledge of international human rights instruments by the people in charge of administration of justice such as judges, prosecutors, or even lawyers and legal assistants, may explain this. The present paper is an attempt to explore why the international human rights norms are not enforced in the Mozambican legal system; this will be done in a comparison with the situation [in] Ghana. ... This paper is structured in five chapters. Chapter one is the introductory chapter, it essentially introduces the topic, discusses the manner in which the research will be caried out, namely the methodological approach used, literature review, objectives of the study and its limitations, [and] last but not least, it outlines the research questions and the hypothesis. Chapter two gives the definitions of the main concepts used in this paper; it goes further in discussing the relationship between national law and international law focusing [on] the theories of monism and dualism. It also analyses the constitutional provisions dealing with international law in the Mozambican and Ghanaian legal order in the light of the monist and dualist theories. Chapter three discusses the sources of international human rights law and their implications [for] the enforcement of internationl human rights law in domestic courts. It goes further by discussing the principles governing domestic applicability of international human rights law and finally discusses the obstacles to the enforcement. Chapter four is the case study of this paper: it analyses how international human rights law is enforced by domestic courts in Mozambique and Ghana and several other aspects around the judiciary and the international human rights law training. Chapter five finally draws conclusions and gives recommendations on what should be done to ensure the enforcement of international human rights law in domestic courts." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Kofi Quashigah at the Faculty of Law, University of Ghana
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Overmeyer, Nina. "Domestic Violence as a Violation of the European Convention on Human Rights : The Application of Articles 3 and 8 by the European Court of Human Rights in Cases Concerning Domestic Violence." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-94621.
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Al-Rodiman, Abdulaziz. "The application of Shari’ah and international human rights law in Saudi Arabia." Thesis, Brunel University, 2013. http://bura.brunel.ac.uk/handle/2438/7578.
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The present dissertation provides an analytical and comparative study of the application of Islamic law (Shari’ah) and international human rights law in the Kingdom of Saudi Arabia. It provides an analysis of the sources of Islamic law as well as the sources of international law to set the background for analysis and defines the nature of both laws. It also tackles the subject of the domestic application of international human treaties in Saudi Arabia. In addition, it examines some reservations Saudi Arabia has entered to some of the international human rights treaties it has ratified, specifically the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). It also sheds some light on the political, cultural and religious obstacles to the realisation of norms protected by international human rights treaties in the country, and in other countries for that matter, clearly stating the impossibility of implementing the provisions of the international human rights treaties in their entirety. This is due to the various political and legal developments towards the internationalization of the concept of human rights. It observes that despite the existence of the international human rights treaties, which aim at reinforcing a universal realisation of international human rights, these rights cannot be possibly realised by all countries. To stress the importance Saudi Arabia attaches to the issue of human rights, the dissertation discusses some rights of women before Saudi courts in family matters, an issue which has been criticised by some international human rights treaties, and examines to what extent the country has managed to tackle the issue of domestic violence, particularly violence against women. It provides an overview of the major causes of domestic violence against women in Saudi Arabia, presents some cases of domestic violence before Saudi courts and sheds some light on the measures taken by the Saudi government to combat domestic violence against women. It also tackles this issue both in the international and domestic legal frameworks, clearly stating the Islamic standpoint on the issue, namely that Islamic law, and Saudi Arabia for that matter, whose laws are essentially derived from the two main sources of Shari’ah. It also discusses the common forms of violence against women in Saudi Arabia and suggests a number of recommendations towards more effective protection of women against violence in the country. The dissertation concludes by presenting a number of obstacles in the way of executing judicial decisions in the Kingdom as well as the obstacles which negatively affect the performance of the new code of law practice. It also presents some recommendations concerning personal status law obstacles and hindrances to progress and attempts to answer the research questions it has posed.
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Ndayikengurukiye, Michel. "The international human rights law as a source of law in the Burundian judicial system." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1154.
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"The enjoyment of all human rights by all persons is the ultimate horizon of democracy. It is generally admitted that democratic societies are less likely to violate human rights. The good human rights records of these societies can be justified, among others, by the promotion of a strong legal culture, which provides procedural avenues for allocating responsibility for human rights violations. Thus, the protection of human rights follows from the functions of law in society, and the nature of human rights claims. At the national level, human rights are protected by both domestic and international mechanisms. Therefore, the human rights claims should be based on violations of either domestic law or relevant provisions of operational international human rights instruments. However, most of the time this is not the case, especially in Africa. Many African states have ratified several international human rights instruments, but the record of the way the latter are applied in their respective judicial systems remains very poor. This study aims to analyse the case of Burundi, one of these state whose judicial system only rarely applies international human rights instruments in spite of the importance devoted to them by the Constitution. It must be understood that international human rights as a source of law will be referred to, in this study, both as a source of rights and as a source of interpretation of domestic human righs instruments such as the Bill of Rights. ... Chapter one will set out the content of the research, identify the problem and outline the methodology. Chapter two will focus on the status of international law in domestic legal systems. It will highlight the theories that have been used to determine the relationship between international and domestic law in general. Chapter three will analyse on basis of some samples of cases how the Burundian courts interpret and apply international human rights instruments. Chapte four discusses the role played by the Burundian lawyers in the enforcement of these instruments. Chapter five will draw [a] conclusion and recommendations." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Grace Patrick Tumwine-Mukubwa at the Faculty of Law, Makerere University in Kampala, Uganda
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Macarchuk, Ashley. "The Effect of International NGOs on Influencing Domestic Policy and Law." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1866.
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This thesis attempts to understand the impact of international human rights and environmental NGOs on affecting domestic policy and law. In particular, it looks at how State-NGO relations, civil society, and accountability affect the success of international NGOs in enacting change in domestic policy. The focus is on four countries with some of the largest human rights and environmental abuses: Argentina, China, India, and Russia. Through these countries, this thesis shows that NGOs have the most influence when State-NGO relations are strong, civil society is active, and NGOs are accountable to both the State and citizens. A key component to the success of international NGOs is the State’s willingness to change. When a NGOs interests align with the State, NGOs are able to push for and achieve the largest results. The contrast between the success of human rights and environmental NGOs highlights this as many times States will not recognize their human rights abuses, but are willing to improve their environmental degradation. As a result, NGOs have been met with more success in advocating for change in environmental policy than human rights.
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Bjorge, Eirik. "A theory of national application of the European Convention on Human Rights." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:886adfa8-c036-415c-9268-cc1f828792a5.
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This study seeks to flesh out a theory of national application of the European Convention on Human Rights (ECHR). It does so by seeking to provide an answer to the research question, ‘what is the proper role of the domestic courts in the application of the European Convention?’ By relying upon the examples of French, German, and UK law, the study argues that it is not true in descriptive terms, nor desirable in normative terms, that the domestic courts take an approach to the ECHR based upon friction and assertion of sovereignty. This study argues instead that domestic application of the ECHR is built on the attainment of certain aims. These aims are inferred, in the main, from the domestic courts’ jurisprudence, such as it relates to four central ECHR doctrines, and they are: the doctrines of evolutionary interpretation; proportionality; the margin of appreciation; and autonomous concepts. On the basis of an analysis of this jurisprudence, the four aims are identified as being, first, honouring the principle of pacta sunt servanda; secondly, the safeguarding of human rights based upon the insight that human rights are a paramount good to be pursued; thirdly, the aim of positive, as opposed to negative, rights diversity; and, fourthly, the aim that conclusions reached on the domestic level of one state must be capable of being universalized. The approach of the domestic courts to the application of the ECHR can be explained on the basis of the domestic courts’ wish to attain these four aims. The proper role played by the domestic courts, the study argues, is one in which they are willing to give a lead to Strasbourg as well as to be led, in both, to use the wording of the Preamble of the ECHR, ‘the maintenance’ and in the ‘further realisation’ of the Convention rights.
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Tshosa, Onkemetse Baster. "Some legal aspects of the incorporation of international human rights law into domestic laws of Botswana, Namibia and Zimbabwe." Thesis, University of Edinburgh, 1999. http://hdl.handle.net/1842/22701.
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This thesis is a critical analysis of the incorporation and role of international human rights law in the municipal laws of Botswana, Namibia and Zimbabwe. It adopts a comparative approach. This approach is predicated on the following similarities between the three countries. These countries have inherited the same Roman-Dutch common law from the erstwhile colonial Powers, they have entrenched Bills of Rights in their respective national Constitutions and there is an emerging judicial practice of invoking and relying upon international human rights law in interpreting national law. The areas examined are: the dominant theories on the relationship between international law and national law, colonial legal legacy, the reception and status of international human rights law in the pre-independence era, the domestic status of international law at independence and new departures, if any, from the colonial legacy, and the practice of each of these counties in relation to these theories in the post-independence legal order. As regards the latter, the study examines the extent to which Namibian monist theory adopted at independence and the monist-dualist inherited legacy of Botswana and Zimbabwe have been applied since independence in national law particularly by the judiciary in the enforcement of human rights law. A comparison is made between the countries in question in order to assess the relevance of classical monism and dualism in the domestic application of international human rights law. In particular, the thesis examines the extent to which the common theoretical approach inherited by these countries towards international law, customary and conventional, has been retained or departed from in the enforcement of national human rights law.
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Malmsköld, Elin. "The status of abortion in public international law and its effect on domestic legislation." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-355922.
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Few issues divide leaders and policy-makers as much as abortion, which regularly sparks heated political, religious and philosophical debates. Numerous states choose to prohibit or criminalize abortion, despite the fact that it has been practiced throughout recorded history. In many of these states, women turn to unsafe abortion methods, such as consuming bleach or inserting a coat hanger, which may cause long-term damage or death. In the light of this tragic reality, one could ask whether these women have a right to safe abortion in human rights law or not. In order to answer this question, the author analyzes the status of abortion in public international law. The results are based on a thorough examination of the preparatory works (travaux préparatoires) and reservations to CEDAW, CRC, ECHR, and ICCPR, as well as documents by international and regional treaty bodies. The author applies a treaty-based international law methodology, analyzes the results through Hilary Charlesworth and Christine Chinkin’s theory of the public and private distinction in public international law and discusses the juridical- political context. The author concludes that there is neither an explicitly formulated human right to abortion, nor is abortion included within the right to family planning. However, she finds that domestic legislation which criminalizes or restrict access to safe abortions may be in violation of other fundamental human rights.
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Bouhamdan, Tyra Murielle. "Religion, the Law and the Human Rights of Women in the Middle East: A Quantitative Analysis." Atlanta, Ga. : Georgia State University, 2009. http://digitalarchive.gsu.edu/political_science_theses/31/.
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Thesis (M.A.)--Georgia State University, 2009.Title from title page (Digital Archive@GSU, viewed July 20, 2010) Michael Herb, committee chair; Jelena Subotic, Scott Graves, committee members. Includes bibliographical references.
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McQuigg, R. J. A. "How effective is international human rights law? : a case study of domestic violence in the United Kingdom." Thesis, Queen's University Belfast, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.432852.
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Fikadu, Tarikawit. "Domestic Violence and self-defence claim : An analysis in relation to article 2and 3 of European Convention on Human Rights." Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-174520.
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Alati, Daniel. "Domestic counter-terrorism in a global context : a comparison of legal and political structures and cultures in Canada and the United Kingdom's counter-terrorism policy-making." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:2a37e08e-8463-4000-9fdc-389072bc5960.
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Although both Canada and the United Kingdom had experienced terrorism prior to the attacks that occurred in the United States on September 11, 2001, Roach has argued that the events of that day ‘produced a horrible natural experiment that allows us to compare how international institutions and different countries responded’. Arguably, the most significant international response post-9/11 was the United Nations Security Council Resolution 1373, which set a 90-day deadline for states to implement measures in accordance with the Resolution. Despite the fact that both Canada and the United Kingdom already had in place extensive provisions to deal with terrorism, both countries responded swiftly and their legislative responses reflect the histories and legal, political and social cultures of each country. This thesis tests the hypothesis that national security remains a bastion of national sovereignty, despite the force of international legal instruments like UN Security Council Resolution 1373 and, as such, the evolution of counter-terrorism policies in different jurisdictions is best analyzed and understood as a product of local institutional structures and cultures. To test this hypothesis, this thesis engages in comparative analyses of legal and political structures and cultures within Canada and the United Kingdom. It analyses variations in the evolution of counter-terrorism policies in the two jurisdictions and explores the domestic reasons for them. In its analysis of security certificates and bail with recognizance/investigative hearings in Canada, and detention without trial, control orders and TPIMs in the UK, this thesis reveals how domestic structures and cultures, including the legal system, the relative stability of government, local human rights culture, and geopolitical relationships all influence how counter-terrorism measures evolve.
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Njambatwa, Siyasanga. "The protection of the right to freedom from torture and extradition in South Africa." University of Western Cape, 2013. http://hdl.handle.net/11394/3911.
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Akoh, Harry Asa'na. "How a Country Treats its Own Nationals is No Longer a Matter of Exclusive Domestic Concern: A History of the Alien Tort Statute Litigations in the United States for Human Rights Violations Committed in Africa, 1980-2008." Atlanta, Ga. : Georgia State University, 2009. http://digitalarchive.gsu.edu/history_diss/14/.
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Thesis (Ph. D.)--Georgia State University, 2009.Title from title page (Digital Archive@GSU, viewed June 22, 2010) Mohammed Hassen Ali, committee chair; H. Robert Baker, Charles G. Steffen, Bereket Habte Selassie, committee members. Includes bibliographical references (p. 221-232).
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Hardowar, Rishi Kumarsingh. "Improving domestic enforcement of socio-economic rights through international law : ratification of the International Covenant on Economic, Social and Cultural Rights by South Africa." Thesis, University of Pretoria, 2009. http://hdl.handle.net/11394/3220.
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Chirwa, Danwood Mzikenge. "Towards binding economic, social and cultural rights obligations of non-state actors in international and domestic law: a critical survey of emerging norms." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This study argued that the issue of non-state actors requires a comprehensive response that includes the recognition of both non-binding and binding human rights obligations of these actors. It examined critically the emerging norms on voluntary obligations, state responsibility, and direct responsibility of these actors with regard to human rights at both international and domestic levels.
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Wandieen, Abdennaim M. A. "The role of the constitution and domestic law in the implementation of the modern international standards of human rights : a case study of Jordan." Thesis, SOAS, University of London, 1987. http://eprints.soas.ac.uk/28838/.
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This Thesis deals with the role of the Constitution and the Domestic Law in the implementation of the modern international standards of human rights as defined under the United Nations Covenants on Human Rights of 1966. It seeks to explain some aspects of the obligation of states parties to take legislative measures for purposes of the effective implementation of the Covenants at the domestic level. The study is conducted in the context of a case study of Jordan as a state party. The Thesis consists of three main parts, divided into seven Chapters and followed by Chapter VIII which is a general conclusion. Part One, contains two Chapters dealing with the relationship between the modern international standards of human rights and the domestic legal systems. Chapter I is a brief legal and historical background. It seeks to highlight some of the major developments in the legal background of the modern international standards of human rights and the legal system of Jordan. Chapter II discusses the applicability of the international rules of human rights within the domestic legal systems with special reference to Jordan. Part Two, is devoted to the first part of the role of the constitution and domestic law in the implementation of the modern international standards of human rights; namely, the adoption of equivalent standards at the domestic level. It also contains two Chapters. Whereas Chapter III focuses on the civil and political rights. Chapter IV deals with the economic, social and cultural rights. A list of four rights has been selected from each catalogue in order to define precisely what are the legislative measures required in the case of each right. Part Three, deals with the other part of the role of the constitution and domestic law, i.e. the introduction of sufficient domestic legal safeguards. It contains three Chapters. Chapter V discusses the role of the Judiciary as the vindicator of human rights, and the independence of the Judiciary as a legal safeguard against human rights violations. Chapter VI deals with the rights to judicial review of administrative actions, as a guarantee against excess or abuse of powers by the administrative authorities, and as an inevitable requirement for the rule of law and respect for human rights in practice. Chapter VII discusses emergency powers and the Impact of the state of emergency on human rights; and considers the question of derogation under Article 4 of the Political Covenant. It focuses on the role of the Constitution and the domestic legislature in imposing restrictions on the right of the national authorities to declare a public emergency and on the emergency powers themselves when the state of emergency is declared. Finally, the concluding Chapter VIII is a general assessment of; The role of the constitution and the domestic laws in the implementation of the modern international standards of human rights, the present system of international scrutiny of the domestic legislative measures, and the performance of Jordan as a state party and the existing legal system of Jordan in general.
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Calnan, Scott Law Faculty of Law UNSW. "In the trenches: a comparative analysis of the nature and effectiveness of the mobilisation of law by domestic human rights NGOs in the United States, Britain and Germany." Awarded by:University of New South Wales. School of Law, 2004. http://handle.unsw.edu.au/1959.4/23951.
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This thesis critically compares how domestic human rights NGOs (DNGOs) in the United States, Britain and Germany use (or mobilise) law to enforce human rights standards and proposes a method to measure their effectiveness in doing so. To do this it draws upon both case studies and literature from many disciplines. On the basis of the data and the literature it finds that, despite their great diversity, DNGOs in each jurisdiction show general similarities in their ???styles??? of operation and use of the law. It also finds that their effectiveness in enforcing human rights can be ascertained with reasonable accuracy and that a DNGO???s size and access to resources does not necessarily correlate with its effectiveness. The context in which the above questions were investigated was one in which there existed very little literature that examined the work of DNGOs (as opposed to international NGOs) as well as few theoretical approaches that would allow their activities to be critically examined and compared. It was also a context in which there was a great deal of discussion in the literature about the crucial importance of DNGOs in human rights enforcement and a growing suspicion that Globalisation might be making their role even more important than it was in the past. To address these issues the author used case studies to supply the necessary detail and a method using ???ideal types??? to assess the data. He also proposed a method to measure DNGO effectiveness so that the case studies could be more thoroughly compared and their true success in human rights enforcement revealed. Despite the incredible diversity among DNGOs the author was able to draw a few useful conclusions about how successful DNGOs operate. In response to these conclusions the author proposed that one possible route by which DNGOs could improve their effectiveness was to transplant their characteristics between jurisdictions. The author also found some evidence that Globalisation was having an effect on DNGOs and proposed some ways in which individual case studies could take advantage of this.
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Chyzh, Olga. "Tell me who your friends are: an endogenous model of international trade network formation and effect on domestic political outcomes." Diss., University of Iowa, 2013. https://ir.uiowa.edu/etd/1837.
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What is the relationship between networks and unit-level outcomes, such as the international trade network among states and domestic rule of law or repression? Do these effects hold after accounting for actors' strategic selection of network ties? I explore these questions by building a multi-player game, in which players make two simultaneous decisions: (1) whether to form trade links and with who, and (2) whether to increase their trade benefits by improving their type, associated with the level of domestic economic risk factors. The model predicts an endogenous relationship between the number of direct trade partners and the probability of playing High Type: High Type states have more direct trade partners, and the number of trade partners has a positive effect on the probability of choosing High Type. A state's type is also affected by indirect trade connections--counter-intuitively, indirect trade has a negative effect on the probability of choosing High Type.
In Chapters 3 and 4, I test the general predictions of the theoretical model, by applying them to two distinct areas of international research. In Chapter 3, I conceptualize a state's type as the level of domestic rule of law enforcement. States with strong rule of law enforcement are regarded as High Type states, because they guarantee lower cost of operations within their borders, by enforcing property rights and contractual law. Weak rule of law states, on the other hand, can be thought of as Low Type states, as business operations within such states are constantly threatened by a risk of expropriations, inefficiencies associated with corruption within the judicial system, and other manifestations of poor business practices.
In Chapter 4, I recast the theoretical model by showing how a state's type can be conceptualized as a state's domestic respect for human rights. Highlighting the economic costs of repression, such as higher economic risk, negative publicity, and decreased quality of human capital, I argue that these costs are suffered by both the domestic economic elites and their international business partners. These business elites can, however, alleviate their losses resulting from such costs by either pressuring their government to embrace stronger human rights protections or, when this option is unavailable, by setting up channels for indirect economic transactions through states with more favorable political environments.
To test each Chapter's empirical predictions, model the simultaneity between network formation and effect, using a statistical estimator developed by Ripley, Snijders, and Preciado (2012). This statistical estimator, referred to as a continuous Markov Chain exponential random graph model (MC ERGM), allows for a close mimicking of the theoretical model by simultaneously modeling two dependent variables: network formation and its effect on actors' behavior. The results of the statistical tests provide some support the theoretical predictions.
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Armendariz, Veronica S. "Paradox Lost: Explaining Cross-National Variation in Case Volume at the European Court of Human Rights." Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/political_science_theses/41.
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Existing research on states and human rights focuses primarily on international treaty ratification, post-treaty rating systems, and ad hoc reports on adherence in individual countries. Additionally, the literature is characterized by disproportionate attention to certain rights to the neglect of others, thereby painting an incomplete and potentially inaccurate picture of a state’s practice and implementation of human rights. Consequently, the extant literature too frequently disregards key domestic and international factors as determinants of cross-national variation in the implementation and protection of human rights, and it instead generates paradoxical claims about human rights and state behavior. With Europe as its empirical focus, this study tests one assertion that state strength relative to societal actors impacts the frequency of cases heard at the European Court of Human Rights. Findings suggest that state strength indeed plays a role in the overall number of cases from member states in the European human rights system.
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Leonardi, Danilo A. "Is there a European law of human rights? : diversity in the interpretation and application of the ECHR by the European organs and the domestic courts of the member states." Thesis, University of Edinburgh, 1994. http://hdl.handle.net/1842/20632.
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This study examines the relevance and consequences of the use of the comparative method as a tool of interpretation of the law of the European Convention on Human Rights and particularly, the capacity of the "transplants" of principles and legal thinking from one tradition to the other to enhance the protection of rights and freedoms. The metaphor of "transplants of laws" is proposed to depict more clearly the complexities of transfers and borrowings between various systems of protection. The work is guided by the question: "Is there a European law of human rights?" The affirmative answer is qualified by the existence of overlapping systems and remedies which affect ECHR construction. The comparative method is used, therefore, to bring to light the effect of these pressures in specific cases. The consequences of the dynamic interpretation, the doctrine of the margin of appreciation and the supranational judicial review of member states' actions are also addressed. There is a limited inquiry into the drafting of the ECHR and into the protection of human rights in the EU system from the point of view of the same comparative method. In addition, the effect of the ECHR in three countries (with civilian, common law and "mixed" legal systems) is studied. It is the conclusion of this work that the strain produced by a multiplicity of systems on interpretation is turned to positive use with the help of the comparative method and this, in turn, improves the protection of the individuals. Further reliance on the method can assist the European organs in the refinement of their interpretative tools. As a result, a more harmonised protection of human rights emerges which is easier to share by different legal systems, although without becoming one single system of protection.
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Zetterqvist, Jenny. "Visibility at risk for women as rights-holders : a study with regard to a refugee camp context." Licentiate thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-74329.
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By taking the recognition of persons as rights-holders in the framework of international human rights into account, this study directs its attention to women in protracted refugee situations, restricted to stay in camps also when their human rights are at risk due to various forms of violence. The question in focus is the following: To what extent may there be a risk that women in a refugee camp context, distinguished by a protracted refugee situation, do not become visible as rights-holders and entrusted to act with regard to international human rights and the problem of violence against women, especially domestic violence? The research process has taken the form of a continuous dialogue with the material for the study, a dialogue directing attention to material from an established international human rights system on one hand and material dealing with a local refugee camp context on the other. The study finds its entry-point primarily in the context of the international human rights treaty the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), including the work of the CEDAW Committee as a treaty body, and also the international mandate of the Special Rapporteur on Violence against Women, its causes and consequences. Due to the presence of a variety of justice mechanisms in the camps, certain aspects of a local customary law tradition are also addressed. The existence of an unlocked legal door for women to take actions in family law matters, or in cases of gender-based violence is something not to take for granted. The hindrances could lie deep in the legal system practiced. It could be an issue of not being entrusted by the structure of the system to act in person, as woman, with a legal capacity and by own right before the law. The study underlines the importance of sharpened awareness and analysis of the presence of a complex legal context and a variety of customary law traditions in the camps. It appears from the study that for women in a refugee camp to be able to act as rights-holders and claim human rights as laid down in human rights conventions, the issue of visibility is not only a matter of training in presenting facts on the ground in front of local authorities. To be visible in addressing the problem of gender-based violence and gaps in protection of human rights in a refugee camp context is first and foremost an issue for women to be recognized the right to act in legal matters. It is an issue of having the freedom of expression and to be recognized the social and legal status to act in their own capacity in front of the local legal structures, including the local customary law context, and to address international human rights monitoring mechanisms, such as the CEDAW Committee or the Special Rapporteur.
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Swoger, Megan R. "Analysis of the Prevailing Practice of FGM in the Upper West Region of Ghana: Are International Laws and Domestic Policy Effective in Eradicating FGM Within the State?" Kent State University Honors College / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1527422662295883.
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Namwase, Sylvie. "The Principle of Legality and the prosecution of international crimes in domestic courts: lessons from Uganda." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9280_1363774835.
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Erman, Ayla. "Staters positiva förpliktelser och due diligence gällande våld mot kvinnor i hemmet : En kritisk analys av staters upprätthållande av kvinnors mänskliga rättigheter utifrån ett genusrättsvetenskapligt perspektiv." Thesis, Uppsala universitet, Teologiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-323535.
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Although women’s rights have been widely recognized in the international agenda, violence against women in the private sphere does not seem to decrease. Women are still suffering today from not enjoying the most basic human rights. States fail often to recognize domestic violence as a human rights violation because it is committed in the private sphere by non-states actors. Because of this the European Court of Human Rights decided to develop the due diligence standard in 2008 to combat violence against women. This thesis examines the European Convention on Human Rights law regarding domestic violence and the meaning of member states positive obligation and the concept of due diligence. The European Court has established that member states have several positive obligations to fulfill in order to address the issue of violence against women in the private sphere. However states fail too often to exercise the due diligence by not living up to the standards that has been established by the Court. It has been proven that the Convention articles are inconsistent. The Court needs too clarify exactly which measures states should take to address the issue of violence against women and send a clear message how much effort it takes to fill the scope of the due diligence standard. This inconsistency allows states to take stand in the law enforcements, which are contemplated to be dominated by male norms. The consequence of this is that women are usually disadvantaged in state law enforcement when it comes to violence in the private sphere. It is therefor of great importance to pay attention to women’s rights when it comes to domestic violence, as well as analyzing states approach in the domestic violence cases. The purpose of this thesis is to analyze domestic violence as men’s violence against women from a critical gender perspective by highlighting elements that effects states actions in the cases. The point of departure is to recognize similar behavior in states actions by focusing on the concept male norm and private and public sphere. The results revealed a clear pattern of the concepts. In each case signs of male norms expressed in a male position, where men are superior to women were shown. States divisions of the private and public spheres were also proven in the cases. States would prefer not to intervene when a woman was exposed to violence in the private sphere. This leads to women being suppressed and unable to reach legal protection in the private sphere.
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Nyathi, Noluvo Annagratia. "Factors that conduce towards domestic violence against rural women a case study of Sisonke District Municipality KwaZulu Natal." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/509.
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In all the Black communities, women’s rights have always been taken for granted. Women have always been subordinate to the patriarchal system. The denial of domestic violence against rural women has its origin in the age long patriarchal society, deeply rooted in culture and tradition. The main aim of the patriarchal society is the control of women by men. The idea of protecting women abuse is not really new. It is a necessary component of long established and internationally recognized human rights. This includes the right to equality and freedom, liberty and personal security. The recognition could be traced to the adoption of the Universal Declaration of Human Rights of 1948 (UDHR). However, women’s rights remain unrealized and are continuously violated despite the fact that these rights are well expressed in many international documents and national laws. The study examined the factors that conduce towards domestic violence against rural women in the Kwa Zulu Natal Province of South Africa. In this regard, the reasons why they support culture and traditional practices that are detrimental to their health were also explored. The small isolated area of Umzimkhulu was used. In-depth face to face interviews were employed to elicit information from the respondents and brief notes were written down to collect the data. The findings revealed that women are not aware of their human rights. This ignorance and negative attitude is influenced by the dependency of women to men, supremacy of the patriarchal system and the dominance of culture. Most disturbing is that these women don’t seem to see anything wrong with the situation. It is evidently clear therefore that women empowerment, through education, will not only affect women’s autonomy but will also increase their worth and make them understand the impact of traditional practices that they support. All these will have implications for policy and legislative interventions.
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Brasileiro, Eduardo Tambelini. "Os tratados internacionais sobre direitos humanos incorporados ao direito brasileiro e a Constituição Federal/88." Universidade Presbiteriana Mackenzie, 2009. http://tede.mackenzie.br/jspui/handle/tede/1264.
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Previous issue date: 2009-09-01This thesis covered the influence of human rights in relation to the international treaties merged in the Brazilian law. For this to be achieved, the evolution of human rights was highlighted, as well as its importance and reflection in the national and international setting. In the Brazilian law, human rights are fundamental in a society that is considered impartial and is characterized by solidarity, being strictly defended by the Federal Constitution of 1988. In the international setting, this situation was not different. The human rights have been proved to be a powerful shaping instrument of the sovereign States, setting the limits and boundaries to be followed as the way of elevating the human being as the heart of the international legal system. Facing the importance and relevance of the international treaties, the conventional phenomenon and its integration in the domestic law have been studied. Therefore, the main concern of this project was to make evident the reflex of the defense of human rights in the analysis of relations between the international and domestic legal systems, emphasizing the existence of antimonies between them and also their solutions, especially those regarding the existing conflict between Brazil s Federal Republic Constitution of 1988 and the Pact San Jose of Costa Rica, concentrating on the possibility of civil arrest caused by indebtedness. This treaty was rightly validated in Brazil and it examines the human rights issue. Through a bibliographical research on this normative conflict, criteria were obtained in order to be used as a solution for the antinomy between the national law and the international treaty. The Constitution of 1988 acknowledges the hypothesis of civil arrest for the unfaithful trustee. However, the Pact of San Jose of Costa Rica does not grant it. The analysis of this conflict is highlighted by its solution achieved by specific criteria related to human rights, since the Pact of San Jose of Costa Rica is an international treaty that considers these rights, and that it has a distinctive judicial hierarchy granted by the Federal Constitution itself. The results and conclusions show that the procedure that favors the individual is the one that prevails, being this the international treaty, since it has been granted a constitutional hierarchy. However, this positioning deals with a divergence in its doctrine and legal system.
Esta dissertação abordou a influência dos direitos humanos frente aos tratados internacionais incorporados ao direito brasileiro. Para tanto, destacou a evolução dos direitos humanos, sua importância e reflexos no cenário nacional e internacional. No direito brasileiro, os direitos humanos são imperativos a uma sociedade justa e solidária, sendo defendidos a rigor na Constituição Federal de 1988. No cenário internacional, não aconteceu diferente. Os direitos humanos se mostram valoroso instrumento modelador dos Estados soberanos, impondo limites e parâmetros a serem seguidos, como forma de enaltecer o ser humano como cerne do ordenamento jurídico internacional. Face à importância e relevância dos tratados internacionais, estuda-se o que vem a ser esse fenômeno convencional e a sua integração no direito interno. A preocupação fundamental deste trabalho foi, portanto, evidenciar o reflexo da proteção dos direitos humanos quando da análise das relações entre os ordenamentos jurídicos internacionais e o interno, ressaltando, inclusive, a existência de antinomias entre esses diferentes ordenamentos e a forma de solução, principalmente quanto ao conflito existente entre a Constituição da República Federativa do Brasil de 1988 e o Pacto de San Jose da Costa Rica, especificamente quanto à possibilidade da prisão civil por dívidas, tratado esse devidamente ratificado pelo Brasil e que versa sobre direitos humanos. Através de uma pesquisa bibliográfica acerca do respectivo conflito normativo, obtiveram-se critérios a serem utilizados para solucionar a antinomia entre o direito nacional e o tratado internacional. A Constituição/88, por sua vez, admite a hipótese de prisão civil do depositário infiel, contudo, o Pacto de San Jose da Costa Rica não a contempla. A análise desse conflito tem como destaque a sua solução por meio de critérios específicos aos direitos humanos, uma vez que o Pacto de San Jose da Costa Rica por ser um tratado internacional que versa sobre esses direitos, possuiu hierarquia jurídica diferenciada conferida pela própria Constituição Federal. Os resultados e conclusões apontam para a prevalência da norma mais favorável ao indivíduo, qual seja a do tratado internacional, uma vez que lhe é conferida hierarquia constitucional. Esse posicionamento, contudo, enfrenta divergências na doutrina e jurisprudência.
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Glazewski, Anna. "Les « obligations structurelles » de l’État au regard du droit international des droits de l’homme : recherche sur une nouvelle catégorie juridique." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020093.
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Le développement du droit international des droits de l’homme conduit le droit international public à réenvisager la question étatique. Loin de n’être que le relai fonctionnel permettant l’application effective du droit international, l’État devient en effet, par l’intermédiaire de son « appareil interne », un véritable objet de celui-ci. Se développe ainsi, par le biais de cette branche du droit international qu’est le droit international des droits de l’homme, un droit international de l’organisation de l’État. L’obligation structurelle est l’un des outils juridiques permettant cette évolution. Au-delà des seules références que le droit international des droits de l’homme peut faire à l’appareil étatique se développent des obligations internationales destinées à l’organiser d’une certaine façon. Ne pouvant être parfaitement saisies par le biais des typologies d’obligations existantes, une nouvelle typologie reposant essentiellement sur la nature et les effets de telles obligations devait être dressée puis confrontée à la pratique du droit international des droits de l’hommeContemporary evolution of international law of human rights leads the doctrine to reconsider the State question. Far from being a mere functional relay allowing an effective application of international law, the State’s ‘internal apparatus’ becomes one of its subject-matter. An international law of States’ domestic organization is therefore developing through this branch of international law. ‘Structural obligations’ is one of the legal tools enabling that evolution. Indeed, beyond simple references to institutional domestic aspects, obligations prescribing how States should organize themselves in order to fully respect their human rights commitments are emerging. These obligations could not be comprehensively described through classical typologies of obligations, so a new one needs to be elaborated and confronted with the international law of human rights practice
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Araujo, Darlene Costa Azevedo. "SISTEMA DE PROTEÇÃO DOS DIREITOS HUMANOS DAS MULHERES NO BRASIL: LEI MARIA DA PENHA E SUA EFETIVIDADE." Pontifícia Universidade Católica de Goiás, 2013. http://localhost:8080/tede/handle/tede/2684.
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Previous issue date: 2013-10-03Esta dissertação Sistema de proteção aos direitos humanos da mulher no Brasil: Lei Maria da Penha e sua efetividade trata da discriminação histórica da mulher e violência doméstica, aborda a internacionalização dos direitos humanos e os avanços do sistema jurídico brasileiro na igualdade entre homens e mulheres. Tem por objeto demonstrar que a violação dos direitos humanos da mulher ainda persiste no Brasil, no mercado de trabalho, no aprisionamento das mulheres e notadamente no âmbito doméstico, através dos fatos e inclusive por meio de dados estatísticos. Concentra no estudo da Lei nº 11.340/2006 e sua eficácia no enfrentamento da violência doméstica, buscando reforço junto aos profissionais que lidam com este problema, como Delegadas de Polícia e ativistas feministas. Analisa a Lei Maria da Penha também sob o aspecto de ação afirmativa e sua constitucionalidade. Ao final, propõe a reflexão sobre a insuficiência e ineficácia das políticas públicas para o enfrentamento da violação dos direitos humanos da mulher e a cultura brasileira de que o recrudescimento das leis é o remédio para todos os males da sociedade no que tange à criminalidade.
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Gambaraza, Marc. "Le statut juridique de la Déclaration universelle des droits de l’Homme." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020073/document.
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Le statut juridique de la Déclaration universelle des droits de l'Homme, qui a fait l'objet de controverses lors de son adoption, a évolué depuis. Sur le plan international, la Déclaration universelle fait désormais partie du corpus juridique du droit interne de l'ONU et a été reconnue comme un instrument obligatoire par la doctrine et les organes judiciaires et quasi-judiciaires. Sur le plan national, elle a été incorporée dans de nombreux ordres internes en suivant des dynamiques propres à quatre espaces transrégionaux (Common Law, Amérique Latine, Europe et Afrique). Cette double évolution a modifié le statut intrinsèque de la DUDH, qui fait désormais partie des sources non-conventionnelles du droit obligatoire, bien que certains ordres juridiques refusent d'admettre sa force contraignante. Son applicabilité repose ainsi sur la formulation des droits qu'elle énonceThe legal status of the Universal Declaration of Human Rights, which was subject to controversy at the time it was adopted, has evolved since then. At the international level, the Universal Declaration has become part of the United Nations legal corpus and has been recognized as a binding instrument by publicists and judicial and quasi-judicial bodies. At the national level, it has been incorporated into many domestic legal systems following dynamics related to four trans-regional areas (Common Law, Latin America, Europe and Africa). This double evolution has changed the intrinsic status of the UDHR, which is now part of the non-conventional sources of mandatory law, though some legal systems deny its binding force. Its applicability is therefore based on the formulation of the rights it contains
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Al-Marzouqi, Abraheem Abdulla Muhammed. "Human rights in Islamic law." Thesis, University of Exeter, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.252974.
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Keith, Linda Camp. "The Law and Human Rights: Is the Law a Mere Parchment Barrier to Human Rights Abuse?" Thesis, University of North Texas, 1999. https://digital.library.unt.edu/ark:/67531/metadc2247/.
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This study is the first systematic global analysis of the impact of law on human rights, analyzing the impact of twenty-three constitution provisions and an international covenant on three measures of human rights behavior, over the period of 1976-1996. Three sets of constitutional provisions are analyzed, including 1) ten provisions for individual freedoms and due process rights, 2) nine provisions for elements of judicial independence and 3) four provisions that outline procedures for states of emergency. Additionally, the impact of the International Covenant on Civil and Political Rights on actual human rights behavior is analyzed. Each of these areas of law are evaluated individually, in multiple models in which different elements vary. For example, some models control for democracy with different measures, others divide the data into the Cold War and post-Cold War eras, and some test constitutional indices. Finally, all provisions are simultaneously analyzed in integrated models. Provisions for fair and public trials are consistently shown to decrease the probability of abuse. An index of four freedoms (speech, religion, association, and assembly) decreases the probability of abuse somewhat consistently. Three of the provisions for judicial independence are most consistent in reducing the probability of abuse: the provisions for exclusive judicial authority, for the finality of judges' decisions, and banning exceptional courts. Two of four states of emergency provisions decrease abuse as international lawyers have argued: the provisions for legislative declaration of the emergency and the ban against dissolving the legislature during an emergency. However, two of the provisions are shown to hurt human rights practices: the duration and the derogation provisions. The International Covenant on Civil and Political Rights does not demonstrate a statistically significant impact. While the performance of the constitutional provisions is less than legal scholars would hope, their combined impact over time are shown to be quite large, relative to the impacts of other factors shown to affect human rights abuse.
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Swanson, Alan D. "International human rights law and development : a human rights way to development." Thesis, University of Essex, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.341236.
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Youngs, Raymond. "A comparative law assessment of the contribution which German human rights law can make to English human rights law." Thesis, Kingston University, 2013. http://eprints.kingston.ac.uk/27783/.
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Legg, Andrew. "Deference in international human rights law." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:42fc2528-cf7c-4cd8-9ff6-0d0bd25b6220.
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Deference in international human rights law has provoked animated discussion, particularly the margin of appreciation doctrine of the European Court of Human Rights. Many commentators describe the practice of deference but do not explain how it affects judicial reasoning. Some approve characteristics of deference but do not provide a justification to defend the practice against criticism. Others regard deference as a danger to human rights because it betrays the universality of human rights or involves tribunals either failing to consider a case properly or missing an opportunity to set human rights standards. This thesis employs a different approach by focussing on deference as the practice of assigning weight to reasons for a decision on the basis of external factors. This approach draws on theories of second-order reasoning from the philosophy of practical reasoning. The thesis offers a conceptual account of deference that accords with the practice not only of the European Court of Human Rights, but also the Inter-American Court of Human Rights and the UN Human Rights Committee. Additionally the thesis presents a normative account of deference, that the role of these tribunals entails permitting a measure of diversity as states implement international human rights standards. Deference in international human rights law then is the judicial practice of assigning weight to the respondent states’ reasoning in a case on the basis of three factors: democratic legitimacy, the common practice of states and expertise. This affects judicial reasoning by impacting the balance of reasons in the proportionality assessment. The account defended in this thesis dispels concerns that deference is a danger to human rights, whilst providing a theory that justifies the practice of the tribunals. The thesis thus provides the contours of a doctrine of deference in each of the three international human rights systems.
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Ryckman, Kirssa Cline. "Ratification as accommodation? Domestic dissent and human rights treaties." SAGE PUBLICATIONS LTD, 2016. http://hdl.handle.net/10150/620925.
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Repression is the expected response to anti-government protest; however, leaders can also accommodate demonstrators. Committing to human rights treaties is considered in this environment, where treaty commitments are conceptualized as a policy concession that leaders can grant dissenters. Past research has shown that top-down domestic pressures, such as new democratic regimes, can influence treaty commitments. This article extends this line of research by considering the influence of bottom-up domestic pressure, arguing that nonviolent, pro-democracy movements can pressure leaders into concessions, as these movements are risky to repress but threatening to ignore. Leaders are expected to seek ‘cheap’ accommodations, and commitments to human rights treaties provide a relatively low-cost concession that also addresses demonstrators’ pro-democracy demands. Using commitments to the nine core UN human rights treaties, results are generally supportive. Governments experiencing a nonviolent, pro-democracy movement are consistently likely to sign human rights treaties. Ratification is also likely but in more limited contexts, and is more closely related to movement success. This suggests that bottom-up pressures can influence commitment to human rights treaties, but there may be little substance behind those concessions. The status quo and cost-averse preferences of leaders lead them to grant accommodations that result in minimal change and cost.
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Godwin, Donna D. "The Impact of Gender on Domestic Human Rights Abuse." Thesis, University of North Texas, 2004. https://digital.library.unt.edu/ark:/67531/metadc4515/.
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This study develops three models of human rights determinants with the inclusion an untested variable, women in parliaments. The research is conducted on pooled cross-sectional time-series data from 130 countries between 1978 and 1996. For the purpose of analysis the Prais-Winsten Regression method with Panel Corrected Standard Errors was used. The women in power variable is hypothesized to be significantly, positively correlated with a state's propensity toward respect for human rights and is operationalized as percentage of women in parliaments. Three models incorporating as control variables previously identified correlates of human rights abuse were utilized to asses the impact of percentages of women in parliaments on two individual subsets of human rights: personal integrity rights and socio-economic rights. Two models were designed to measure the subset of rights categorized as personal integrity rights using two separate measures: State Department Scores and Amnesty International Scores. Model number three utilized the Physical Quality of Life Index to measure levels of socio-economic rights. Statistical significance was demonstrated by the women in parliament variable in all three models.
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Metcalfe, Eric William. "Are cultural rights human rights? : a cosmopolitan conception of cultural rights." Thesis, University of Oxford, 2000. http://ora.ox.ac.uk/objects/uuid:c2002d1f-98de-4131-a758-58a8bb84d85d.
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The liberal conception of the state is marked by an insistence upon the equal civil and political rights of each inhabitant. Recently, though, a number of writers have argued that this emphasis on uniform rights ignores the fact that the populations of most states are culturally diverse, and that their inhabitants have significant interests qua members of particular cultures. They argue that liberals should recognize special, group-based cultural rights as a necessary part of a theory of justice in multicultural societies. In this thesis I examine the idea of special cultural rights. In the first part (Chapters 1 to 4), I begin by setting out some of the different conceptions of culture and multiculturalism that are involved in the debate over cultural rights. I then discuss three claims made by supporters of special cultural rights: (1) that having culture is an essential part of individual autonomy; (2) that people have morally significant interests qua members of particular cultures; and (3) that these interests are inadequately protected by existing liberal conceptions of human rights. Although I conclude that (1) is correct, I argue that both (2) and (3) are mistaken. Among other things, I suggest that the version of culture relied upon by supporters of special cultural rights is an implausible one and I outline what I take to be a more plausible, cosmopolitan conception of culture. In the second part (Chapters 5 to 9), I begin by looking at specific instances of cultural rights-claims, and analyzing the concept of cultural rights qua rights. I consider the practical and conceptual difficulties with special cultural rights at great length. But the core of my thesis is that our interest in culture lies in its contribution of worthwhile goals and options, and that this interest lies in culture generally rather than in particular cultures. Hence, adopting a special or group-based distribution of any right to culture would seem to be inconsistent with liberal egalitarian principles. If there are such things as cultural rights, I argue, they are general rather than special rights. I conclude by offering a very preliminary account of what a cosmopolitan conception of cultural rights might involve in the case of the right to free association and language rights.
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Al-Hamli, Ahmed Thani Juma. "Islam, democracy, and human rights : can universal human rights be applied in our relativistic world?" Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:5842.
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This study mainly focuses on the compatibility of the international human rights with the diverse cultural and religious values of our world, in particular, the Islamic Shari'ah, consisting of values that not only extend across different regions but even form an important factor of legitimacy for most Islamic states. The study will extensively discuss the international conception of human rights and whether such rights are universal in character and hence applicable to all societies irrespective of their local values, or whether their local values are to a certain degree inevitable to establish real universal human rights with full realization of their essence. It will raise some religious and cultural matters that could form obstacles to the full realization of human rights, such as the complexity of the implementation of human rights under Islamic Shari'ah. It will also refer to traditional values and principles of the British common law, in which Parliament is the sovereign body accorded unrestrained power, which seems to pose the same difficulty that Islam could cause in human rights implementation. The study will demonstrate that the cultural tension with human rights is not exclusive to a certain culture but it is a result of the variety of diverse traditions of different nations that fonn our relativistic world. The study will suggest that although some of the local values of certain societies may raise tension with the principles and values of the current international trend of human rights, this does not mean that these local principles and values must be changed to comply. Rather, it may more appropriately be suggested that this developing notion of human rights should be reconsidered to make universal rights more universal and not relative to a certain regional part of the world.
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Weiß, Norman. "Stichwort: Der Menschenrechtsausschuß ((Human Rights Committee)." Universität Potsdam, 2002. http://opus.kobv.de/ubp/volltexte/2011/5516/.
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Fairclough, Thomas. "The Human Rights Act 1998 in constitutional context : the common law, the rule of law, and human rights." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/285494.
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The Human Rights Act 1998 (HRA) is seen as a landmark piece of constitutional legislation that brought about many legal and political changes in the United Kingdom's human rights architecture. Yet the HRA is vulnerable to repeal; successive governments have promised to repeal or otherwise alter the HRA. In this climate, the Supreme Court has instructed counsel to argue common law rights first, with the HRA there to supplement and fill the gap on the occasions where the common law does not go as far as the HRA. The logical conclusion of this is that the Supreme Court, or at least some Justices, think that the common law adequately protects rights to a level near, if not the same as, the HRA does; the results of arguing the common law will often be the same as those resulting from reliance on the HRA. The academic commentary regarding these judicial statements has been far from enthusiastic. The consensus is that common law rights do not go as far as the HRA in terms of their width, that the enforcement mechanisms lack rigour compared to s 3 HRA and the proportionality principle, and that they are vulnerable to legislative override. Therefore, a loss of the HRA would be a loss for the legal protection of rights. This thesis disputes the conclusion stated in the foregoing paragraph. It argues that one has to view the vectors against which one can measure the potency of common law rights through the lens of the rule of law. This principle, the controlling factor in the constitution, promises protection against arbitrary behaviour by state actors because it embodies the value of equality of concern. Once this is appreciated, an entirely new dimension of common law rights becomes apparent; the reach of rights, their rigour of protection, and their constitutional resilience are revealed to be much stronger than orthodoxy suggests.
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Mayua, Jim Nzonguma. "Human rights and jus Cogens: Questioning the use of normative hierarchy theory in human rights law." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4718.
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A Jus cogens is a hierarchically superior norm 'from which no derogation is permitted'. This peremptory norm suggests that there is a hierarchy among rules relating to international law. As such the recent trend of placing human rights norms in the catalogue of jus cogens has had a significant impact on both domestic and international law. For instance, in Barcelona Traction, Light and power Co, Ltd (Belgium v Spain), the International Court of Justice (ICJ), when making a distinction between the obligation of states towards the international community as whole and those arising vis-Ñ -vis another state, held that the former are obligation erga omnes in view of their importance
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Kaspers, Birte. "Beiträge zu "gefährdeten Personengruppen" im Zeitraum von 1995 bis 2009 : eine Auswertung von Human Rights Quarterly, Netherlands Quarterly of Human Rights und The International Journal of Human Rights." Universität Potsdam, 2009. http://opus.kobv.de/ubp/volltexte/2009/4013/.
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I. Einleitung
II. Auswertung Human Rights Quarterly
III. Auswertung Netherlands Quarterly of Human Rights
IV. Auswertung The International Journal of Human Rights
V. Zusammenfassende Auswertung
VI. Schlussanmerkung
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Mishina, O. "Ecology and law: the human rights case." Thesis, Вид-во СумДУ, 2006. http://essuir.sumdu.edu.ua/handle/123456789/11698.
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Obokata, Tomoya. "Trafficking of human beings as a human rights violation : obligations and accountability under international human rights law." Thesis, University of Nottingham, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408594.
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McCall-Smith, Kasey Lowe. "Reservations to human rights treaties." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6320.
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This thesis examines the default application of the 1969 Vienna Convention on the Law of Treaties reservation rules to reservations to human rights treaties. The contemporary practice of formulating reservations allows states to unilaterally modify their treaty obligations following the conclusion of negotiations. Though multilateral treaties address a broad spectrum of subjects and are negotiated using a variety of methods, all treaties are governed by the same residual reservation rules of the Vienna Convention when there is not a treaty-specific reservation regime in place. The Vienna Convention system is only engaged if a state seizes the opportunity to determine whether a reservation is valid pursuant to default rules or if a challenge regarding the validity of a reservation is brought before another competent mechanism of review, such as a dispute resolution mechanism. Even when applied, the Vienna Convention rules are ambiguous at best and have been criticised since their inception due to the high degree of flexibility in their application, especially in relation to human rights treaties. In light of the inherent flaws of the Vienna Convention reservation regime and the structural characteristics of human rights treaties, rarely will a reserving state be deprived of the benefit of the reservation even if it is determined to be invalid by another State Party. Though the consequences of an invalidity determination are more concrete when the decision is taken by a dispute resolution mechanism, such as a court, seldom are disputes over the validity of a reservation to a human rights treaty submitted to a competent mechanism. Using the core UN human rights treaties as a case study this research highlights that the past thirty years have revealed a practical impasse in treaty law when the default reservation rules are relied upon to regulate reservations to human rights treaties. Reservations of questionable validity gain the same status as valid reservations because the Vienna Convention rules do not address the consequence for a reservation determined to be invalid outwith the traditional inter se application of the reservation between the reserving and objecting states, which is not logical in the context of a human rights treaty. Against this background, this thesis examines whether the default reservation rules adequately govern reservations to human rights treaties. The conclusion affirms that the Vienna Convention reservation regime can regulate reservations to human rights treaties but only if there is a clearly defined final view on the validity of a reservation taken by an organ other than the state. Therefore, it is argued that treaty-specific supervisory mechanisms attached to each of the core UN human rights treaties should be invested with the competency to serve a determinative function with respect to evaluating reservations to human rights treaties in order to facilitate a stronger basis for the international human rights system.
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Tehrani, Maryam Moazezi Zadeh. "Women's rights in Islam and current discourse of international human rights law." Thesis, University of Hull, 2007. http://hydra.hull.ac.uk/resources/hull:6643.
Full textAbstract:
The international norm of non-discrimination on the basis of sex as reflected in the UN human rights instrument culminated in 1979 with the adoption of the UN Convention on the Elimination of All Forms of Discrimination Against Women. With the adoption of the Convention, the separate concepts of women's rights were recast in a global perspective, and supervisory machinery with terms of reference similar to those of existing human rights organs was provided for. Although the Convention is considered as the most important binding document for elimination of discrimination against women, it met with a large number of reservations by member states. The number of far reaching reservations entered to the Women's Convention has been the subject of a global debate and the Convention is seen as the most 'political' of all the human rights instruments. Muslim member states to the Convention have entered reservations to its substantive provisions based on Islamic Law and emphasise that the formulation and interpretation of these rights in Sharia is very different from the concept of human rights in international human rights instruments. Reservations of Muslim state parties to the substantive provisions of the Women's Convention and present gender discriminatory laws in Muslim states based on some jurists' interpretation of a few verses in the Quran and the existence of a few ahadith, including qawwamun (the superiority of male over female in marriage), divorce, guardianship and custody, women's testimony which is worth half that of a man in financial transactions; inheritance rights of women where women are entitled to half the share of a man in a comparable situation; polygamy and some issues in Islamic penal law which are undesirable from the perspective of women's human rights in international law have led to the belief that women in Islamic societies are second citizen and Islamic principles are an obstacle to eliminating discrimination against women. They also reinforce the view in the West that the concept of women's human rights in Islam is entirely irreconcilable with international human rights norms on the subject, such as those expressed in the Women's Convention. By studying the origin of the religion and Islamic sources, the present author, however, seriously doubts the validity of the Western view and Muslim parties' reservations to substantive provisions of the Convention, based solely on their interpretation of the Sharia. Contrary to the common perception, the principles of Islamic law do not consist of an immutable, unchanging set of norms, but have an inbuilt dynamism that is sensitive and flexible so that Islamic law can remain up-to-date and respond to the questions and demands of people at different times and places. This project, in the light of Islamic sources and interpretations of Islamic jurisprudence from both schools of thought, Sunni and Shi'a, is designed in four parts to discuss and explore the place of women's rights in Islam and the current discourse of women's human rights in modem international law in order to determine whether Islamic law is reconcilable with international women's human rights such as those expressed in the Women's Convention.