Dissertations / Theses on the topic 'Droits de l'homme – Environnement'
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Dubin, Stéphane. "L'influence des droits de l'homme de la troisième génération sur le droit rural français." Limoges, 2008. http://www.theses.fr/2008LIMO1010.
Full textThird-generation human rights are related to the great politicals and economics liberties recognized in 1789. Second-generation rights are usually contained in the 1946 Constitution introduction. The rights of the third generation, also called "solidarity rights", appeared in the 1970s: right to development, right to environment, right of the consumers for a particular protection. These last ones, recognized by the international or european law, have a chronic influence on agricultural policies. Numerous agreements look for their application, and find a translation in France, mostly through european mechanisms. The european integration subordinates the French law, to go always farther in an adaptation of the agricultural structures to the free trade, in theory vector of the Southtern coutries devlopment. But the environmental protection is also a major constituent of the european rules, which is translated in the french law. Protection of the consumers also gives place to turnovers: traceability, labeling, distinguishing features, and the other quality initiatives. French agricultural policy evolutions, to implement the rights of solidarity, questioning of european agricultural vocation and model
Zeumeue, Sime Rose Nicole. "L' intérêt général de l'humanité et le droit international de l'environnement." Limoges, 2004. http://www.theses.fr/2004LIMO0527.
Full textBaumann, Paul. "Le droit à un environnement sain au sens de la Convention européenne des droits de l'homme." Thesis, Nantes, 2018. http://www.theses.fr/2018NANT3007/document.
Full textThe right to a healthy environment is not stated in the text of the European Convention on Human Rights. However, this fact did not prevent the European judge, starting in the 1980s, from progressively setting up a protective plan that helped deal with this lack. Firstly, a specific body of case law was brought together. Its structure being formed by means of the technique of positive obligations, this law is analysed as a "right to the protection" of a healthy environment, the purpose of which is not the protection of nature but essentially aims at human environmental security, including mankind's man's living space. Secondly, the study of implementation of the protection under the terms of the Convention disclosed a discrepancy between the Praetorian development and the effective authority of the right to a healthy environment under the ECHR. Findings of Convention violations are infrequent. The judge's sanction is issued only on the grounds of exceptional circumstances, stemming from the seriousness of environmental harm and the discrepant situations judged on the basis of internal law. A first explanation is the inadequacy of European human rights with regard to the complexity of environmental litigation. However besides this "technical" obstacle there is a second "political" one. Analysis thus reveals the case law strategy of a judge who does not feel vested with sufficient legitimacy to intervene in litigations that mainly implicate freedom to the foundation stone of European liberal democracies. The right to a healthy environment might therefore in such a context be openly viewed as a mere exception to the freedom to destroy it
Gargiulo, Sheila. "Energie, droits de l'homme et libertés fondamentales : Etude comparée entre l'Italie et la France." Paris 1, 2010. http://www.theses.fr/2010PA010285.
Full textCallejon, Lucille. "Constitution internationale et droits de l'Homme." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10022.
Full textConstitutional terminology has developed far beyond States’ remit. European constitutionalism exemplifies this phenomenon, which is closely linked to the protection of human rights. However, does this loosened tie between the“Constitution” and the “State” allow us to conceive an international Constitution ? If so, what kind of ties exist between this international Constitution and human rights ? We argue that such a Constitution does exist and human rights are not just one of its subjects : they are enshrined in the international Constitution – they have a constitutional value as well as a constitutional remit. Thus human rights transform the international Constitution in two key ways. On the one hand, they alter the organisation of competencies at the international level. Although the sovereignty principle is not questioned as such, its absolute character is altered and the State’s place re-defined. On the other hand, human rights have also substantial consequences in that they are at the core of a superior project in which the environment is a key element of what should be called the “Common Good of Humanity”
Rbii, Hamid. "Environnement international et protection des droits de l'homme au Maroc : essai sur l'édification d'un État de droit (1990-1996)." Toulouse 1, 1997. http://www.theses.fr/1997TOU10070.
Full textThe aim of this study is the human rights situation in morocco. Indeed, in the 1990th a deep change and substantial improvement in human rights protection have been recorded in this country. This reality can be explained by two important factors. The first one is the international context post second world war, which became more favourable to individual freedom's and right's. The international law and relationships between states base oneself on reciprocal respect of the human rights. The important actors: United States, European Union, France and Amnesty International have played a great part. The second one is the national context which was ready to receive international environment's pressures and to give effect. The monarchy's will and ngo's implacable role have run onto considerable normative recasting. Two constitutional reviews, the family's right reform, penal procedure amendment, the ratification of several international agreements in human rights matter are the signs of this improvement. The establishment of the right's state has been accompanied by putting into place of several organizations: human rights office, CCDH, CNJA, Constitutional Council, administrative courts. Our approach doesn't limit oneself on the analysis of texts but confront the daily (everyday’s) reality
Essoh, Jean Bosco. "Recherches sur les relations entre les droits de l'homme et l'environnement en droit international." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30051.
Full textLinks between human rights and the environment are developing, because of their meeting and their coexistence in international law. This research aims to highlight the joints that characterize this law. The resulting reports are in the texture and the role of standards there are the product of the legal sources, the driver of their structural and functional design that doubles as a result of the analysis of relevant standards as well as over that of the relevant case law. Structural design reports based links resulting from the overall appearance of the standards considered during the design meets functional linkages arising from the operation or use of such standards. In this perspective, the relationship between human rights and the environment are part of a dialectical relational logic, to generate coherent evolution of differentiation towards complementarity. Thus, despite the fundamental differences that result from formal reports, human rights and the environment develop a functional point of view, relations of mutual fertilization. The environment wins in terms of strengthening its protection scheme, while human rights in benefit for the recognition of new rights
Olaka, Jean-Michel. "Le droit à l'eau." Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/out/theses/2008_out_olaka_jm.pdf.
Full textThe concept of right to water made its appearance in the legal language on!y in 2002 by the adoption of the general Observation no 15 of the International committee relating to the economic rights, social and cultural. However, one finds very old traces of his recognition in the texts, especially in articles 11 and 12 of the international Pact relating to the economic rights, social and cultural of 1966, in the international Pact relating to the civil laws and policies of 1966 and in the Universal declaration of the human rights of 1948. Years 1970 are remembered by the multiplication of the reference to the right to water, then set up in basic right, whose expression is relayed in the practices. In spite of this implicit recognition, the right to water is the subject thus at the same time of a procedural but also jurisdictional protection, thanks to the influence of the doctrines and under the determining impulse of the European Convention of the human rights. This first procedural guarantee must however be supplemented by the second, which that of a protection of the right to water by the means of others of the man is guaranteed The right to water if is recognized remains sometimes dead letter, and this in a timorée or limited way. On the second assumption the guarantee of the other guaranteed rights can restore the right to water because, this last is a condition of effectivity of right-freedoms. On the fîrst assurmption, such a protection preventive or is only Iimited
Claerebout, Véronique. "Le développement durable et droit international : une mise en oeuvre difficile." Nice, 2011. http://www.theses.fr/2011NICE0036.
Full textEmerging International Law of Sustainable Development (ILSD), through principles related to the concept, enables drawing the limits of a concept characterised by its vagueness. As the definition of the concept, which includes - even if usually forgotten - basic needs as a key element, we thus consider International Human Rights Law and International Development Law as the bases of ILSD. Consequently, ILSD consists in the integration of International Economic Law, International Environmental Law and International Social Law. The latter being the keystone of ILSD as it corresponds to the legal translation of basic needs. The lack of international legally binding instruments regarding Social International Law impedes the fast implementation of the concept. Another important obstacle lies in the misuse of the concept for the benefit of different actors of globalization, the current neo-liberal system being poorly willing to edict sustainable development as a priority. Sustainable development with primacy of International Social Law, would enable the elaboration of a new economical, ecological and social order (NEESO). As the international order is currently characterized by the lack of equity, a question arises, which is the question of compatibility between the logics of sustainable development and neo-liberal globalization
Balthazard, Bernard-Louis. "Vers un droit mondial du développement durable : Contribution à l'étude d'un droit commun aux droits de la santé et de l'environnement, en France et au Laos." Montpellier 1, 2009. http://www.theses.fr/2009MON10043.
Full textPerruso, Camila. "Le droit à un environnement sain en droit international." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D050.
Full textThis thesis is devoted to study the scope of the right to a healthy environment in international law. This human right is apprehended as the result of interactions between international human rights law and international environmental law as well as among different normative ensembles for the protection of human rights. This right is witnessing a remarkable rise within countries and legal systems of human rights protection. By retracing the various stages of its progressive development, this thesis aims to identify its contours, both formally and materially. It then considers the implementation of this right through the related obligations and the control that can be achieved. As a result, it seems fair to suggest that the conditions are now in place to recognise its universal scope. In addition, this thesis considers the right to a healthy environment as one of the possible responses to the environmental crisis which calls for a renewal of the relationships that humans have with nature. It is in the light of this axiological perspective that the right to a healthy environment is analysed
Rabieb, Prangtip. "Les droits et libertés face à la durabilité des ressources naturelles épuisables : recherche comparative des droits thaïlandais et français." Electronic Thesis or Diss., Paris 1, 2018. http://www.theses.fr/2018PA01D027.
Full textThis thesis highlights the significant role of the fundamental rights in the efficiency of the law that governs the preservation of natural resources. It will be organised around two axes: the first part will discuss the rivalry between rights and liberties and the objective of maintaining the durability of natural resources. The second part explores the guarantee of rights in determining an effective power sharing mechanism over these resources. The first part places an emphasis on the foundations of human rights, the primacy of the human person, also on the limiting function of the action of the sovereign power. In Thai law, the requirement of compliance with property law, freedom of enterprise and the right to subsistence form a significant obstacle in the regulation of this field. This comparative analysis unfolds instruments in French law that limit more powerfully the exercise of these rights and could inspire new developments in Thai law. The second part of this thesis argues that the guarantee of environmental rights marks the dawn of a partial transfer of power on natural resources from a State to its citizens, and makes citizens protectors of nature alongside the State. Apart from participatory rights and their accessories, the Thai constitution also guarantees to its citizens and local communities a right to conserve and exploit natural resources. This right renders citizens as the representatives of the environment. Its second component, the right to exploitation, inspires the principle of the equitable sharing of the nation's natural resources, put forward in the final chapter
Gaillard, Sebileau Émilie. "Générations futures et droit privé." Orléans, 2008. http://www.theses.fr/2008ORLE0001.
Full textMayoussier, Amélie. "La protection européenne des droits fondamentaux en matière environnementale : contribution à l'étude des rapports entre le droit et la science." Thesis, Bourgogne Franche-Comté, 2019. http://www.theses.fr/2019UBFCF005.
Full textThe prevention and sanction aspects of the protection against the pollution is manifested in Europe by the combination and complementarity of two matters (environment and fundamental rights) and two legal orders (European Union and Council of Europe). They consist of the protection of the environment that a person can expect to obtain in the context of the protection of these rights. They allow the management of "new risks" and the assimilation of pollution to a violation of a fundamental right under conditions including scientific knowledge. Protection against PSINE raises the question of the place given to scientific demonstration in jurisdictional work and of the presence of tools available to european judges to perform their functions
Bentirou, Mathlouthi Rahma. "Le droit à un environnement sain en droit européen." Thesis, Université Grenoble Alpes (ComUE), 2018. http://www.theses.fr/2018GREAD001/document.
Full textThe subject of this study focuses exclusively on the right to a healthy environment in European law as it is defined by the two major European legal systems which constitute this right: Council of Europe and European Union. It seems fundamental to understand how these two complementary but also competing legal orders can be seized in a similar way or, on the contrary, significantly different from the great challenge of the right to a healthy environment. The choice to study the right to an environment in a European context is justified by the special approach offered by European law as a field of analysis. Indeed, the two organizations and their respective legal orders, the European Union and the Council of Europe, are two systems that work differently, which are driven by singular objectives but which do not exclude certain reconciliations. Thus the right to a healthy environment in Europe is most often apprehended from two different approaches. On the one hand, the "droit de l’hommiste" angle, very much favored by the Council of Europe, which claims its pioneering role in the protection of human rights, democracy and the rule of law . On the other hand, the European Union, first conceived as an Economic Union and an organization that remains fundamentally driven by economic objectives. Of course, the EU also defends and protects human rights. But the healthy environment or the high level of environmental protection that is its corollary is more frequently confronted with fundamental freedoms guaranteed by the EU, in particular freedom of movement within the framework of the internal market. This balance between the human right approach and the internal market approach is very specific to EU law. European law will be studied in a systemic approach: process of norm production. This specificity of European law to the healthy environment and its dynamics deserve to be apprehended both from the point of view of the recognition of right and its implementation, which we will see that it is animated by springs specific to each of organizations, but which are not necessarily exclusive of each other
Fontaine, Aurélie. "L'intérêt environnemental. Contribution à l'émergence des droits fondamentaux en matière d'environnement." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCD090.
Full textFundamental rights in environment are the legal expression of the interdependence between men and environment. There are new rights, and they definitive content is not finalized yet. They are also a reflection of a new form of solidarity, binding humans and nature in the same community of destiny. Generally forgathered under the umbrella of the right to an healthy environment, those new rights are still struggling to be enforced, while they represent at the same time an emergency to save the environment and humanity. How can we help those rights to rise ? A legal maxim says « there is no right without an interest ».Could the notion of interest be a key to unlock the maze of their slumber ? Real but invisible, the environmental interest appears as inescapable. Until now, the notion was unnamed : we could hear about it only by whisper of Law. Because the interest is a key notion both in practice and in theory of Law, we are conviced that a study on that interest will create better conditions for the rising of these new and vital rights in environmental matters.To identify it, we will need courage and peace. Courage, for we must always be ready to face the challenge of the judicial order and its sacred monsters. Peace, because we have to be ready to follow the interest on the new roads of the juridicity. In this journey between factsand ideals, the environmental interest invites us to rediscover the treasures of the judicial order and to renew our sense of justice. Walking next to it, we will be able to capture its transcendant nature. This will directly leads us to confront the judicial order in the manner in which it takes care of this fundamental interest. While doing so, we will point out some paradoxical legal situation. At the end, the truth appears : subversive, the environmental interest does not give peace to the judicial order. Its integration shakes the foundations of Law and demand a renewal to reach a new and fair equilibrium
Petsoko, Maturin. "Exploitation minière et droits fondamentaux en droit camerounais - Recherche d'une conciliation entre developpement économique et droit à la santé et à la vie." Electronic Thesis or Diss., Lyon, 2020. http://www.theses.fr/2020LYSE3018.
Full textAlthough mining is useful because it generates revenues, it also raises difficulties because it undermines some legally protected interests. This is why it is criticized for its many negative externalities that hurt some fundamental rights, as the right to health, and finally, the right to life. The question is whether to give it up or whether to maintain it. The solution seems to be maintenance, but for that, it must be reconciled with environmental and social considerations. The research question is how to organize a mining operation that ensures the preservation of the right to health and the right to life ? To organize the conciliation between these imperatives is the object of this thesis. It is justified not only by the usefulness of mining, but also by the interests attached to the protection of fundamental rights.Faced with this difficulty, the Cameroonian legislator has taken some important, but insufficient measures that need to be completed. The analysis reveals that the regulations do not give the necessary guarantees of a legal security that would integrate both the preservation of the general interest and the private interests of mining operators, and the fundamental rights of the citizens. These legal uncertainties call for further reflection so that the technical, scientific, health and environmental uncertainties raised by mining should fully be taken into account. This is the reason why several proposals have been made to optimize this conciliation. To this end, sustainable development appears as the martingale of the reconciliation of diverging interests.Conciliation involves the avoidance of damages on the one hand and the curative treatment of the negatives effects of mining on health and life on the other. Although the field of experimentation of research is Cameroon, the analysis remains mobilizable in others contexts
Terrier, Laure. "La criminalité environnementale ou l’impossible jouissance des droits de l’homme : le cas de l’exploitation industrielle et commerciale des ressources aurifères et diamantifères en Amérique Latine." Paris 10, 2011. http://www.theses.fr/2011PA100194.
Full textThis research work focuses on the socio-environmental impacts of industrial gold and diamond mining in Latin America. It analyzes the normative and institutional legal framework, both existing and projected, and its relevance in the pursuit of an ambitious goal: to restore a full and effective implementation of Human Rights. The case study of the open pit mine in Paracatu, Brazil gathers various testimonies and evidence of Human Rights abuses, collected during an investigation and fact-finding trip. The examples of cases in Guatemala, Peru, Argentina, Chile or Salvador bear also testify to serious environmental and Human Rights abuses in the context of industrial and intensive gold and diamond mining. Considering the seriousness of the facts described herein, judiciary mechanisms destined to sentenced environmental crimes will prove to be insufficient and less effective than extra-judiciary ones. A positive prospect is the implementation of standards that frame fairtrade and fairmined gold in a legal framework
Gebre, Emnet Berhanu. "La protection internationale des personnes déplacées par les changements climatiques." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10014.
Full textClimate change is one of the major issues of the 21st century which poses significant challenges to the international community as a whole particularly to the Southern States. Beyond the physical disruption that climate change causes, its impacts on man – most notably the displacement of population that it will likely trigger − raise several legal issues. Despite the significant importance of the flow of highly vulnerable persons, there is currently no statutory recognition of persons displaced by climate change by the international law. Considering the multidimensional and cross-cutting nature of the issue, and in the absence of a special legal protection, it was essential to question the different existing protection regimes. At the crossroad of several branches of international law, notably, refugee law, disaster response law, environmental law and human rights law, the international protection of climate displaced persons is difficult to be fully guaranteed. The partial and fragmented character of the protection obligates us to search for ways to overcome the identified legal shortcomings. Indeed, the displacements induced by climate change represent the very essence of all the legal and ethical problems that climate change poses. Though this global phenomenon is primarily attributable to the industrial activities of a small group of States, its adverse effects are taken on large group of States who remain extremely helpless in this situation due to their notably low adaptive capacity and level of economic development. The quest of international liability proves to be laborious in the face of the many legal impediments that are currently in place. Consequently, prospective thoughts related to the formulation of a specific international protection are necessary
Sutterlin, Olivier. "L'évaluation monétaire des nuisances : éléments de réflexion au carrefour des raisonnements juridiques et économiques en matière environnementale." Paris 5, 2010. http://www.theses.fr/2010PA05D009.
Full textThe monetary valuation of environmental injuries caused by human activities is a major. Preoccupation since the ecological movement sprang up, in the 1960's. Every ecological disaster revives the interest in this issue. Economists have developped some new methods in order to estimate environmental injuries in monetary terms. Though the validity and reliability of those methods are principally questionned, the controversy is more deeply rooted in the legal approach of environmental injuries. When called upon, the traditional Tort Law's mechanisms proved to be insufficient and their evolution was required. Generally speaking, the development of environmental economics interrogates the efficiency and adaptability of Environmental Law. A continuous cross-disciplinary dialogue is more and more needed so as to adopt common, meticulous, harmonized and understandable valution methods. Nevertheless, if the legal basic notions and general principles may enrich at the contact of economics, the limits of this process shall be analyzed
Braig, Katharina. "Umweltschutz durch die Europäische Menschenrechtskonvention." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA037.
Full textIn this thesis, the envrionmental protection through the jurisprudence of the European Court of Human Rightsis analysed : European court of Human Rights, environmental protection, environment
Rabieb, Prangtip. "Les droits et libertés face à la durabilité des ressources naturelles épuisables : recherche comparative des droits thaïlandais et français." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D027/document.
Full textThis thesis highlights the significant role of the fundamental rights in the efficiency of the law that governs the preservation of natural resources. It will be organised around two axes: the first part will discuss the rivalry between rights and liberties and the objective of maintaining the durability of natural resources. The second part explores the guarantee of rights in determining an effective power sharing mechanism over these resources. The first part places an emphasis on the foundations of human rights, the primacy of the human person, also on the limiting function of the action of the sovereign power. In Thai law, the requirement of compliance with property law, freedom of enterprise and the right to subsistence form a significant obstacle in the regulation of this field. This comparative analysis unfolds instruments in French law that limit more powerfully the exercise of these rights and could inspire new developments in Thai law. The second part of this thesis argues that the guarantee of environmental rights marks the dawn of a partial transfer of power on natural resources from a State to its citizens, and makes citizens protectors of nature alongside the State. Apart from participatory rights and their accessories, the Thai constitution also guarantees to its citizens and local communities a right to conserve and exploit natural resources. This right renders citizens as the representatives of the environment. Its second component, the right to exploitation, inspires the principle of the equitable sharing of the nation's natural resources, put forward in the final chapter
Lucas, Bénédicte. "Derechos humanos y derechos colectivos : influencia de las culturas indígenas bolivianas en los textos y las prácticas jurídicas." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010302/document.
Full textNo English summary available
La dimensión colectiva de los retos globales, como la crisis ecológica, y de la satisfacción de determinadas necesidades, nos invitan a mirar hacia otras culturas, desde la perspectiva de la antropología jurídica, para repensar nuestra concepción de los derechos humanos y mejorar su efectividad. El estudio de los textos y las prácticas jurídicas bolivianas relativos a los derechos sobre los bienes, en especial la tierra, pone de manifiesto la influencia de las culturas indígenas en la fonación del Derecho. Se observa un proceso de transculturación del Derecho estatal por el Derecho indígena. Los pueblos indígena originario campesinos se ven reconocidos, gracias a su lucha, derechos colectivos que permiten proteger su territorio y ejercer en éste un autogobierno. La consagración en Derecho interno del Vivir Bien como principio rector de las políticas públicas y de la Madre Tierra como bien colectivo y sujeto de derecho evidencia la influencia potencial de las culturas indígenas en el Derecho internacional del Medio Ambiente, en la actualidad convertido en una categoría sui generis regida por un Derecho híbrido, y en el que ya se percibe cierta transculturación jurídica
Belaïdi, Nadia. "La lutte contre les atteintes globales à l'environnement : vers un ordre public écologique ?" Dijon, 2004. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/f6701868-5bf0-4ba3-95d4-a0945429b5f2.
Full textKolacinski, David. "L'économie des droits de l'homme." Montpellier 1, 2002. http://www.theses.fr/2002MON10052.
Full textSefiani, Kaouter. "Droits de l'homme et droits des peuples en Afrique." Paris 1, 1987. http://www.theses.fr/1987PA010282.
Full textSefiani, Kaouter. "Droits de l'homme et droits des peuples en Afrique." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb376098520.
Full textBatakou, Mahuwetin Sylvie. "Le risque environnemental et l'assurance." Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3002.
Full textEnvironmental risk is defined as the damage to the environment caused by the activities of companies that give rise to their responsibilities, which are the source of ecological damage or ecological harm and oblige them to take measures to repair or even prevent it. The enshrinement by liability law for so-called pure ecological prejudice, i.e. those caused to the environment itself, has obliged insurers to structure themselves and offer adequate guarantees. Beyond environmental liability as provided for in the Environmental Code, henceforth, on the basis of Articles 1246 et seq. of the Civil Code, any person, and consequently any company, and not only those whose activity constitutes a risk for the environment, must repair the damage caused and put in place, if necessary, measures to prevent such damages. These costs, which are borne by him and are likely to affect his financial survival, cannot be assumed without recourse to insurance. This one can then be used to cover and pay for pure ecological damages. Insurance plays an essential downstream role, but also an upstream role by enabling and promoting the prevention of environmental risk. In this way, environmental risk insurance is fully in line with the current sustainable development approach. However, while traditional insurance is the technique best suited to effectively repairing damage caused to the environment, it alone cannot cover environmental risk. There are substantial, temporal and financial limitations in environmental insurance contracts, requiring consideration of the implementation of a multifaceted compensation system. As a result, the complementary intervention of other compensation mechanisms, particularly a compensation fund, is indispensable. At the end of our study, the crucial role of the insurer in repairing environmental damages is highlighted. However, it must be included in a broader and rethought compensation mechanism, consisting of the establishment of an insurance obligation on the one hand and a special compensation fund on the other
Thépot, Anne. "Droits de l'homme et pharmacie humanitaire : instances et instruments au service des droits de l'homme." Paris 5, 1999. http://www.theses.fr/1999PA05P083.
Full textAttal-Galy, Yaël. "Droits de l'homme et catégories d'individus /." Paris : LGDJ, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/386828040.pdf.
Full textKolacinski, David. "Analyse économique des droits de l'homme /." Rennes : Presses Univ. de Rennes, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/380792265.pdf.
Full textZollinger, Alexandre. "Droit d'auteur et droits de l'Homme." Poitiers, 2006. http://www.theses.fr/2006POIT3016.
Full textThis thesis shows the different links that exist between author’s right and human rights. Primarily, we have determined whether we can qualify author’s right as being a human right. From an axiological point of view, some values have been highlighted to demonstrate the pertinence of this qualification. Regarding the positive right, author’s right as a fundamental right is undoubtly established, but often in an imperfect or ambiguous way. Some suggestions have been made to compensate these deficiencies. Secondly, we have reviewed whether author’s right could be in conflict with certain human rights. Besides the public’s rights to information and culture which are often highlighted by opponents to author’s right, it was necessary to analyse the hypothesis of a conflict with artistic liberty, respect of privacy or property right. The study shows that, in fact, no insurmountable antagonism exists ; coordination of these different rights is relatively simple to put in place, to the extent that every right is well defined, and that the author’s right remains in accordance with its original principles
Hennion-Jacquet, Patricia. "Preuve pénale et droits de l'homme." Nice, 1999. http://www.theses.fr/1999NICE0011.
Full textThere is a basic connection between human rights and criminal evidence. This interaction gives rise to a set of problems, which is an age-old one: society's and accuser's interests conciliation. Today, this set of problems is solved aid of a legislation appointing limits to the defendant's rights violations. The searched balance is estimated aid of a functional analysis of human rights in penal evidence law. This thesis demonstrates that human rights role and impact in criminal evidence rules vary in function of their nature. The accused benefits of rights agreed to all men. These rights restrict evidence processes during pre-trial investigations. In fact, instead of its justification by the necessities of suppression, evidence search freedom should not step conduct to sacrifice defendant to threatened community: the human dignity must be protected against unreasonable processes infringing the rights to be presumed innocent and personal freedom. Consequently, the rights entrenched by criminal law restrict effectiveness of the truth search. The accused benefits also of rights agreed to any person charged with an offence. These rights guarantee the quality of evidence : for the sentencing to be approved, the accused must be tried by an independent and impartial tribunal, benefit of open court proceedings, and have the same rights as proceedings authorities. The rights entrenched by criminal law of procedure protect, in a manner that varies in function of the standard of justification agreed by law to sentencings, the appearance of a due process and the repute of justice. Consequently, they are used to legitimize the demonstration of truth
Boumaza, Assia. "Hospitalisation psychiatrique et droits de l'homme /." Paris : Éd. du CTNERHI : diff. PUF, 2002. http://catalogue.bnf.fr/ark:/12148/cb389244920.
Full textKolacinski, David. "Analyse économique des droits de l'homme /." Rennes : Presses universitaires de Rennes, 2004. http://catalogue.bnf.fr/ark:/12148/cb391328483.
Full textAfifi, Abdelrahman. "Monde arabe et droits de l'homme : vers l'émergence d'un système régional de protection des droits de l'homme ?" Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32062.
Full textThe evaluation of the main achievements, difficulties, and future prospects of human rights protection in the Arab world is constantly based on the view that the protection of human rights is a process, and not an objective that can be achieved once and for all. The human rights issue in the Arab countries must be developed in it's legal, economic and religious aspects. Inter-arab legal order does not lack legal texts that assure protection of fundamental rights, but does lack the efficiency of this protection which seems severely fragile. In order to detect progress and regression factors and risks of fracture protection system, we have to place rights and liberties in a historical context. Arabic charter of human rights adopted by the Arab league in 1994 constitutes a progress in comparison with the situation of laws absence that prevailed before in the Arab world. Normative content of this charter includes concept considered rather close to the international charter of human rights. Unfortunately, this approach is technically poor concerning the mechanism of rights protection, and the whole absence of other rights in the charter; as a result the modification of this charter becomes extremely necessary. If the Arabic charter constitutes a challenge of the Arab countries future towards the emergency of a regional system of fundamental rights protection. It's the task of concerned peoples, Arab countries, and international organisations to create necessary conditions to firmly enable this acquisition and to allow the individual to make use of the consecration not only on civil and political rights basis but also of economic, social and cultural ones
Van, Engeland Anicée. "Universalité des droits de l'homme et droit iranien : application des droits de l'homme dans un pays musulman." Paris, Institut d'études politiques, 2006. https://spire.sciencespo.fr/notice/2441/53r60a8s3kup1vc9ke03k64hp.
Full textThe debate about universal human rights finds in Iran a particular echo, that of a Muslim scene of theatre where the discussion is tolerated while being restricted, where all ideas criss-cross and are piled up until creating a new vision of human rights. The challenge which arises is the conciliation between the Iranian legal system resting partly on Islamic law and universal human rights. How do human rights and international standards coexist? There are many issues at stake: Iranian law is based upon Islamic law while international texts are secular. There is consequently a conflict of legitimacy and legality between the two sets of laws. Then, Iran bases its legal specificity on cultural relativism: it is a Muslim country with cultural traditions that are strongly anchored and the enforcement of international standards is a threat. Iran set up a protective legal barrier resting on a Shia Islamic interpretation Shari'a. The matter is also legal: While not respecting international standards of human rights, Iran is in permanent violation of international law of human rights. Meanwhile Iran is still a party to these international documents. This double attitude symbolizes an Iranian paradox: Iran is caught between tradition and modernity. The Iranian specificity becomes then a challenge for universal human rights. How do we reconcile the two legal worlds? The debate in Iran is public. Iranian civil society plays a role by discussing the enforcement of universal human rights. This effervescence demonstrates that there is a real need in Iran to have a position reflecting peoples' wish. It is then that the country would be ready to deal with the principle of universality
Delvaux, Paul. "La Controverse des droits de l'homme de 1789 apothéose des droits et bannissement des devoirs de l'homme?" Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb375946836.
Full textLechevallier, Véronique. "La convention européenne des droits de l'Homme et les droits économiques." Université Robert Schuman (Strasbourg) (1971-2008), 2003. http://www.theses.fr/2003STR30015.
Full textThe examination of the economic rights via the ECHR is astonished because this Convention guarantees Human Rights of a political and civil nature. Thus, considering the increasing role of the State in the economic sector, the European Court had to open the praetorium to the salaried or independent workers and the economic operators. She has justified this standpoint by claiming that there is no impenetrable barrier between civil and political rights on the one hand and economic, social and cultural rights on the other. The effective protection of the rights of the ECHR implies therefore a restricting judicial control of the economic rights which until now only the European Court is able to provide on an European level on the basis of the articles 4, 6 to 11, 14 of the ECHR and 1st of Protocol n°1. Via a systemization of the interpretation of economic rights on the basis of the material rights of the ECHR, the Court confirms the thesis of Human Rights endowed with an economic dimension
Konaté, Woyo. "Universalité des droits de l'homme et mondialisation." Thesis, Montpellier 3, 2011. http://www.theses.fr/2011MON30027/document.
Full textHuman rights are really born with the writings of French Constituents during the 1789 revolution. These rights are the outcome of a long process of maturity of the conception of the right, which started since the classical jusnaturalisme through the divine right to result in modern jusnaturalisme, the modern natural right, which recognize for man rights by his nature. In fact, after being subject of poignant criticisms, the human rights have gained ground. They have been made legal by many bills of rights at the international as well as the regional level, and they have been constitutional thanks to democratic states. So their claim has become universal. But behind this theoretical universality is hidden a catastrophic practical reality. They are permanently and strongly violated. In fact, the fundamental obstacle which hinders the universalisation of these rights is the capitalistic globalization. This one, from its organization according to the only one logic of the market, raises difficulties of cultural, economic and political nature which prevent men from being able to enjoy their rights. But these difficulties which make the effective and universal practical of the human rights impossible are not a fatality. In fact, for a real universalisation of this norm we must remake the mondial system in substituting at the economical globalization the human rights globalization
Gingras, Denis. "René Cassin et les droits de l'homme." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq25238.pdf.
Full textYassine, Oueini Farah. "Droit humanitaire et droits de l'homme aujourd'hui." Thesis, Grenoble, 2013. http://www.theses.fr/2013GREND008.
Full textThe objectives of Human Rights and Humanitarian Law are inspired by principles of humanity. They are tightly linked and share many common elements. The two bodies of laws complement each other to protect further human beings. A comparative analysis in this regard shows many similarities. However there are still some differences between them: they are two separate laws despite being too close. Many criteria are used to study them in parallel. This study reveals their mutual relations, and the existing legal movement. They are getting closer and shifting from a mere complementarity to a more advanced stage. Are they moving towards a real integration between their norms?
Attal-Galy, Yaël. "Droits de l'homme et catégories de personnes." Toulouse 1, 2002. http://www.theses.fr/2002TOU10061.
Full textContrary to the revolutionary myth concerning the legal existence of a homogeneous society that's composed of uniform individuals, the law now reflects the contrasted images of many categories of people. The emergence of categories of individuals proceed from a mutation in human rights, considering the latter, no longer as an abstract unity based on the majority model, but as a concrete plurality that corresponds to a real diversity. The progressive adaptation of the principal of equality to the particularities of the human condition has lead to an institutionalisation of individual differences, which has reduced the most flagrant inequalities. Thus, achieving a real equality require taking specific legal procedures. The categorisation appears to be a purely legal construct that takes individuals having in common at least, an intrinsic particularity such as gender, age, state of health, or extrinsic, such as loss of freedom or nationality
Mamouna, Nicaise. "Le noyau intangible des droits de l'homme." Rennes 1, 2001. http://www.theses.fr/2001REN10405.
Full textMasson, Thibauld. "La protection européenne des droits de l'Homme." Nice, 2003. http://www.theses.fr/2003NICE0021.
Full textMoussa, Ahmed. "Les droits de l'homme détenu : Etude comparative des droits français et égyptien." Paris 2, 2002. http://www.theses.fr/2002PA020007.
Full textGay, Laurence. "Les "droits-créances" constitutionnels." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32074.
Full textThe research aims at clarify the impact of social rights which imply positive involvement from the State (articles 5, 10, 11, 12 and 13 of the constitutional Preamble of 1946). After an historical approach, it shows how tthe "Conseil constitutionnel" has recognized their constitutional rank and was able to precise their content. The Conseil sometimes recognized freedoms on the basis of the Preamble. Next to these few possibilities, the legislator has to carry out two different obligations. On the one hand, it has to implement the right for people to get benefits from governmental authorities (access to social benefits, to education, compensation of damages produced by national disasters). On the other hand, it has to conduct social policies (guarantee public health, employment and housing policies). .
Malcontent, Petrus Adrianus Maria. "Op kruistocht in de Derde Wereld : de reacties van de Nederlandse regering op ernstige en stelselmatige schendingen van fundamentele mensenrechten in ontwikkelingslanden, 1973-1981 /." Hilversum : Verloren, 1998. http://www.gbv.de/dms/spk/sbb/recht/toc/252893425.pdf.
Full textNikkhah, Sarnagi Reza. "L' indivisibilité des droits de l'homme : vers une approche globale des droits de l'homme à l'ère de la mondialisation." Strasbourg, 2010. http://www.theses.fr/2010STRA4015.
Full textThe research aims at clarify the scope of the indivisibility of human rights. Since the adoption of the Universal Declaration of Human Rights in 1948, we assist to the proliferation of international instruments of protection of Human Rights. These instruments are conceived as catalogs of independent rights. This multiplication of the instruments of human rights conducts to a risk of fragmentation of international law of human rights. This research permitted to bring coherence for international law of human rights. With regard to this central idea, the work spreads around two dedicated parts the one to put in evidence the interne coherence of human rights law and the other one to put in evidence the externe coherence. The key assumption is to critic distinctions horizontal and vertical between human rights on the basis of their indivisibility and interdependence and develops a system of internal coherence of human rights. Social rights are regrettably perceived as rights of second category with regard to the civil and political rights. The objective was so to defend the justiciability of social rights which it is important to recognize as rights for legal contents. The thesis has pointed to the fact that today the principle of global indivisibility has sought to integrate other areas in the system of protection of human rights through constitutional functions
Frouville, Olivier de. "L'intangibilité des droits de l'homme en droit international public : régime conventionnel des droits de l'homme et droit des traités." Paris 10, 2001. http://www.theses.fr/2001PA100166.
Full textOriginally, human rights are central to social contract theories, which aim at legitimizing power and law. In order to place freedom of the individuals at the very basis of law, these theories assume the existence of « natural rights », inherent to human beings. Human rights are thus regarded as both external and superior to any legal order. This intangibilitity considered as a principle is at the origin of a human rights dynamic : once those rights are integrated in positive law, any legal order tends to be reconstructed on the basis of their requirements. The object of the study is the reflexive aspect of this reconstruction in public international law : it describes the influence of the human rights dynamic on the integration of these rights in international law. To this end, the study focuses on treaty as a paradigmatic source of this law. The effects of the principe of intangibility are thus examined along two main lines : the first one deals with the regulation of human rights as defined by international conventions. It identifies the material concepts on which this regulation is based and the work of reconstruction by impartial bodies in relation with these concepts. The second main line studies the law of treaties in the field of human rights, in order to shed light on alterations or specific rules which emerge from the principle of intangibility. As a conclusion, the thesis confirms Michel Virally hypothesis, formulated almost 30 years ago : the integration of human rights in international law is not a mere evolution. It results in an in-depth transformation of international law which used to be a purely interstate law and now can be described as the law of the universal human society