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Letendre, Martin. "Research with stored tissue samples of deceased persons : a North American perspective." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80938.
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In this thesis, the author studies the ethical and legal aspects of research conducted on stored tissue samples of deceased persons in North America.The first part of this thesis presents an overview of what constitutes human tissues and how are they used in research. The author describes the process in which human tissues are acquired and stored by health facilities, their utility for scientific research, and currently used techniques.
The second part is dedicated to the analysis of the current normative framework associated with research involving human tissue samples in North America. The author underlines the presence of two different normative regimes depending on whether the human tissues were removed before or after death. Finally, the author examines international documents in order to evaluate whether or not they can provide guidance to North American national legislation.
The third part evaluates the normative limitations associated with the use of stored tissue samples of deceased persons for research. The author considers that these limitations are related to the presence of conflicting interests, the difficulties in establishing rights over human tissues, the difficulties of establishing the rights of the dead, and the limitations of the theory of informed consent with regards to stored tissue samples.
The last part of this thesis suggests that stored human tissues should be interpreted as if they were part of an individual's medical record. After presenting some of the philosophical arguments in favour of such an interpretation, the author underlines the presence of legal precedents supporting the "tissue as information" model. The author finally examines the legal implications and the potential limitations of this proposal.
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Santos, Arthur Deucher Figueiredo. "Liberdade de expressão artística e a disposição sobre o corpo humano." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21327.
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Two themes surround the purpose of this work: the freedom of artistic expression (or artistic freedom) and the disposition of the human body. Both are very problematic. What is proposed is the analysis of the dialogue between these two questions: how should freedom of artistic expression be applied when applied at the disposition of the human body? Does artistic freedom strengthen such provision by broadening the range of possibilities for doing so? In this sense, the fundamental problem to be discussed in this work is whether the infra-constitutional legal order, especially the art. 13 of the Civil Code, is up to the constitutional text to regulate such sensitive subject. In order to do so, I seek to understand the outlines of artistic freedom in the legal order, its application in the Federal Supreme Court, as well as the free development of the individual and the creation of his identity, in the context of corporal disposition. In this sense, the theoretical study of liberties in general, freedom of expression, freedom of artistic expression, the phenomenon of the constitutionalization of private law, existential subjective situations, personality rights, private autonomy and the fundamental rights. Thereby, I seek to provide an adequate answer to the problem proposed in this study and to verify the appropriateness or not of the infraconstitutional rule of artistic freedom applied to the corporal disposition
Dois temas cercam o objetivo deste trabalho: a liberdade de expressão artística (ou liberdade artística) e a disposição do corpo humano (ou direito ao próprio corpo). Ambos são, por si só, problemáticos. O que se propõe é a análise do diálogo entre essas duas questões: como se deve operar a liberdade de expressão artística quando aplicada à disposição do corpo humano? A liberdade artística potencializa referida disposição, ampliando o leque de possibilidades para fazê-lo? Nesse sentido, o problema fundamental a ser discutido neste trabalho é saber se o ordenamento jurídico infraconstitucional, em especial o art. 13 do Código Civil, encontra-se à altura do texto constitucional para regular tão sensível tema. Para tanto, procuro compreender os contornos da liberdade artística no ordenamento jurídico, sua aplicação no Supremo Tribunal Federal, bem como o livre desenvolvimento da pessoa humana e a criação de sua identidade, no contexto de disposição corporal. Nesse sentido, parto do estudo teórico das liberdades em geral, da liberdade de expressão, da liberdade de expressão artística, do fenômeno da constitucionalização do direito privado, das situações subjetivas existenciais, dos direitos da personalidade, da autonomia privada e da vinculação dos particulares a direitos fundamentais. Com isso, busco fornecer uma resposta adequada ao problema proposto neste trabalho e verificar a adequação ou não do regramento infraconstitucional da liberdade artística aplicada à disposição corporal
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LINGENFELTER, Kerttuli Kareniina. "When is human trafficking slavery or enslavement? : human trafficking at the intersection of human rights law and criminal law." Doctoral thesis, European University Institute, 2018. http://hdl.handle.net/1814/64684.
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Award date: 22 October 2018Supervisor: Professor Martin Scheinin
This thesis explores the international definitions of slavery, enslavement and human trafficking to determine if and when human trafficking is slavery. Using predominantly the legal method, the thesis argues that there is an overlap between the definitions, yet they are not synonymous. Furthermore, the principles of human rights law and criminal law are compared in the context of slavery and human trafficking. Although the systems can and do engage with each other, it is posited that in a criminal setting courts should be wary of relying on human rights jurisprudence to determine the substance of the criminal definition. This is because human rights are interpreted in an evolutive, teleological way, whereas criminal courts should be bound by the principle of legality. Human rights courts, on the other hand, could and should engage more with the contours of the definitions of human trafficking and slavery – not to determine criminal liability, but instead to produce a deeper, more nuanced understanding of the structures that render persons vulnerable to exploitation. In this way, the thesis asserts, a human rights approach could move beyond the current model, which is excessively oriented toward criminal investigation and punishment. Due to current challenges posed by conflict and post-conflict situations, the thesis ends by reflecting on the potential of human trafficking being prosecuted by the International Criminal Court as a crime against humanity. Although the possibility has found some support within academia, this thesis proposes that if and when human trafficking does amount to slavery and meets the other elements of crimes against humanity, it has and can be prosecuted. Some forms of human trafficking, as of all other acts constituting crimes against humanity, will, however, fall outside the scope of international criminal law.
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Coxon, Benedict Francis. "Interpretive provisions in human rights legislation : a comparative analysis." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:d0a5ddca-9293-4204-b22b-417cdf829464.
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This thesis considers interpretive provisions in human rights legislation in the United Kingdom (UK), New Zealand and two Australian jurisdictions: the Australian Capital Territory and the State of Victoria. It deals with the relationship between certain common law interpretive principles which protect human rights and the rules under the interpretive provisions. It also considers what effect the interpretive provisions have on the overall approach to statutory interpretation, particularly in terms of their impact on the roles of intention and purpose. One of the themes of the thesis is that it is possible to identify a common methodology for the application of the various interpretive provisions. This is facilitated by an emphasis on the concept of purpose, which is flexible and capable of being identified and applied at higher levels of abstraction than the concept of intention as commonly applied by the courts. Despite this common methodology, the results of attempts at legislative rights-consistent interpretation in the relevant jurisdictions differ. We shall see that the UK courts have taken a broader interpretive approach than have their New Zealand and Australian counterparts. This will be explained by reference to the respective contexts of the human rights legislation in each jurisdiction, particularly in terms of legislative history. It will be argued that the purpose of the UK legislation to provide remedies in domestic courts for breaches of the European Convention on Human Rights provides the basis for the UK courts’ approach. The absence of this factor is the primary point of distinction between the UK on the one hand, and New Zealand and Australia on the other, though other issues will be explored. Finally, while as a matter of the interpretation of the UK legislation, and especially of the relevant interpretive provision, the approach of the UK courts is defensible, the significant risk to the principle of legal certainty which it poses will be highlighted.
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Hardcastle, Rohan John. "Law and the human body property rights, ownership and control /." Oxford ; Portland (Or.) : Hart, 2007. http://www.sciences-po.eblib.com/EBLWeb/patron/?target=patron&extendedid=P_317926_0.
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Varju, Márton. "On divergence in European human rights laws : the European Convention on Human Rights and European community law: a claim of non-divergence." Thesis, University of Hull, 2008. http://hydra.hull.ac.uk/resources/hull:993.
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The issue of divergence in human rights protection (adjudication) between the law of the European Convention on Human Rights (ECHR) and European Community/Union (EC/EU) law has been in the centre of academic attention for decades. The position that there are instances of divergence and there is a risk of divergence between the two legal orders has gained authority in academic discourse despite the fact that its premises were subject to challenges on numerous occasions. The claim that human rights protection in EC law is divergent from that under the ECHR appears to suffer from certain shortcomings. First, it is not clear how the divergence claim addresses the question of incommensurability that unavoidably emerges in a comparison of judgments originating from different jurisdictions. Second, the divergence claim has largely eluded to address the quality of flexibility possessed by ECHR and EC human rights law. Both legal orders operate mechanisms of flexibility that enable a treatment of differing human rights solutions other than rejection. In reaction to these problems the present thesis advances the arguments of flexibility and similarity. The flexibility argument holds that the issue of divergence is largely neutralised by the ability of ECHR law (and to a lesser extent of EC law) to react to the problem of divergence flexibly. This entails that the human rights solutions of Community courts could often be accommodated within the flexible framework of ECHR law. The similarity argument provides that the style of human rights protection in ECHR and EC law is similar. The comparison of styles is based on a general system of analysis that aims to avoid the problem of incommensurability. The two arguments are not independent - the success of each argument depends on the availability of the other. The limits of flexibility are found in the requirement of similarity and the impreciseness of the similarity argument is corrected by the potentials inherent in the flexibility argument. On this basis, the relationship between ECHR and EC law could be described as a flexible status of non-divergence.
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Mashiyi, Tandeka. "The effectiveness of human child trafficking legislation in South Africa." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1289.
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Trafficking in human beings is a major problem worldwide. Human trafficking is as a result of a complex set of interrelated push and pull factors. Push factors includeinter alia poverty, a lack of opportunities, dislocation of families, gender, racial and ethnic inequalities and the break-up of families. Research shows that pull factors include the promise of a better life, consumer aspirations and lack of information on the risks involved, established patterns of migration, porous borders and fewer constraints on travel. It is as a result of the global epidemic of this trafficking in persons that certain instruments on an international level as well as legislation on a national level have been enacted. The question which arises is: are these pieces of legislation effective in dealing with the scourge of human trafficking? Every legislation passed will have its strengths, as well as weaknesses but the main objective of such legislation should always be to combat, criminalise and prosecute the specific criminal act. Furthermore, the enacted legislation should be designed to effectively combat the challenges which threaten to exacerbate the criminal act. Failing to fulfil this intention will render such legislation nugatory. This treatise will be looking at various international instruments that have been passed abd v adopted by various countries, which specifically deal with trafficking in humans generally and specifically in relation to the children. International instruments that will be discussed include inter alia, slavery Convention, Convention on the Rights of the child, Worst forms or Child Labour Convention, Parlemo Protocol, United Nations Transnational Organised Crime Protocol to mention but a few. All these instruments have in a way dealt with and made provisions for the criminalisation of the act of trafficking in humans and a the scrounge of trafficking escalates the international governments strive to enact instruments that are going to be able to curtail this pandemic of trafficking. As more focus will be on the South African legislation this treatise is also going to examine all the relevant piece of legislation that have been passed by the South African government in order to deal with human trafficking. These will include the discussion of the Constitution, Child Care Act, Children’s Act, Children’s Amendment Act, Criminal Law (Sexual Offences) and Related matters. Amendment Act Prevention of Organised Crime Act as well as the Prevention and combating of Trafficking in Persons Bill. The treatise will listen critically discuss the Bill in so far as its strengths and weaknesses are concerned.
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Atrey, Shreya. "Realising intersectionality in discrimination law." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:ff5720c2-d40f-4126-9a1e-3831e61f0986.
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The central aim of the thesis is to understand why intersectionality remains at the fringes of mainstream discrimination law and to provide an alternative vision to the dominant conception of single-axis discrimination. This aim is pursued by translating intersectionality theory into the conceptual and doctrinal precincts of comparative discrimination law of South Africa, Canada and the United Kingdom. The thesis is divided into three parts. Part One posits the framework of 'intersectional integrity' as forming the backbone of the category of intersectional discrimination. Its normative core insists on mapping the intersections between identities as creating unique and shared patterns of group disadvantage by considering people's identities as a whole. It is this bipartite framework against which the doctrine is considered. Part Two deals with the doctrinal limitations which impede a successful claim of intersectional discrimination. The comparative analysis fine-combs through the judicial interpretation to understand how it fares against the framework of intersectional integrity. The judicial strategies emerging from the doctrinal analysis are consolidated in the form of a graded spectrum which captures the proximity of each response from the category of intersectional discrimination. Beyond this conceptual reimagination, it also considers how other tools in discrimination law need to be recalibrated to accommodate an intersectional claim. These include the conception of equality and discrimination, the criteria for selection of analogous grounds, the understanding of indirect discrimination, the relationship between impact and justification analysis, apportioning the burden of proof and determining the standard of scrutiny. Part Three consolidates the normative insights emerging from the thesis. A restatement of the theoretical and doctrinal recalibrations helps imagine how a lawyer would walk through the labyrinth of discrimination law for realising a claim of intersectional discrimination.
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Du, Plessis Jan Andriaan. "The impact of minimum sentence legislation on South African criminal law." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020037x.
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The Criminal Law Amendment Act introduced a scheme where minimum sentences are prescribed for serious offences into the South African Criminal Law. The limitations put on the courts’ sentencing discretion were not received with unanimous approval from all quarters. The Constitutional Court declared the general working of the Act to be constitutional soon after its inception. Specific provisions pertaining to certain offences remained unpopular. The hefty sentence of 15 years imprisonment prescribed for the possession of a semi-automatic firearm is put forward as an example in this regard. High Courts avoid the minimum sentence prescribed for this offence by using different interpretational methods. Despite the sense of animosity towards the unfair contents of this provision, no ruling is made on the constitutionality thereof. An apparent deference towards the legislature could be detected on the part of the judiciary. South African jurisprudence discourages our courts to rule on the constitutionality of a law. It is only done when the defect could not be remedied by any other available means. The reluctance of our courts to make a ruling on the constitutionality of the semi-automatic provision does not promote legal certainty. High Courts attach different interpretations to the “true intention” of the legislature in order to bypass this provision. Logic dictates that inexperienced presiding officers with inferior interpretational skills would continue to hand down the minimum sentence while it remains on the law books. A sentence of fifteen years is also prescribed for robbery with aggravating circumstances. The existing common law on the interpretation of the definition of this offence provides for a wide range of human conduct to be included. Case law could be expected where the courts deviate from the prescribed sentence on a regular basis. This unscientific approach should be discouraged and a rethinking of the boundaries of this offence is suggested. The Act is doing more harm than good to our Criminal Law. The legislature could still provide other visible measures against serious crime without invading the sentencing discretion of the judiciary.
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Wunderlin, Beverly J. "The Regulation of Medically Assisted Procreation in Europe and Related Nations and the Influence of National Identity, Social Cultural, and Demographic Differences." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3192/.
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This study details the Medically Assisted Procreation regulations in thirty-five nation-states, and explores the influence of national identity, social cultural and demographic differences on these regulations. Detailed data were gathered from ministries of health, offices of prime ministers, embassy staff, and others on regulations for each nation. These data were used to categorize the nations in regard to MAP legislation status and regulatory policy regarding marital or age restrictions; posthumous conception; sperm, ovum, or embryo donation, surrogacy; and policy on handling donors. Possible associations between national identity, social cultural, and demographic data for each nation and their regulations were explained. The thirty-five nations were treated as a population with common geographical and political ties. PRE methods, and eta coefficients were used to assess the associations. Sixteen nations have adopted MAP legislation, eight nations have either alternative regulatory guidelines or partial structures, four nations have legislation pending and possibly some laws, and seven nations are unregulated. Based upon statistical analysis, language group emerges as an important indicator for differences in MAP regulations. For example knowing a nation's language group enabled percent improved prediction of that nation's regulatory handling of embryo donation. The percent GDP spent on health care was found to have a substantial or moderate association with most regulations. The findings of this study indicate that the cultural roots associated with national identity as well as economic circumstances such as health care budgets impact the policy making process responsible for the regulation of MAP in Europe. Among other mediating circumstances, MAP related family law cases brought to the European Court of Human Rights create an accumulation of judge-made law, which help create a common European standard. This study of the European region provides a baseline for further research and a reference for cross cultural comparisons.
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Jovanović, Marija. "Human trafficking, human rights and the right to be free from slavery, servitude and forced labour." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:438dfa89-492c-4882-b882-8f21a0f60e9e.
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The thesis engages with a dynamic discourse on the human rights approach to human trafficking. Building on the traditional doctrine of human rights, the thesis demonstrates that human trafficking is not a human rights violation, save for a state involvement in it, either directly or through a failure to observe its positive obligations imposed by the existent human rights. In situations that do engage human rights law, the thesis defends an argument that conceptually, human trafficking falls within a domain of the right to be free from slavery, servitude and forced labour. This argument is grounded in both a doctrinal and a conceptual analysis. In particular, the thesis conducts a unique conceptual and legal analysis of Article 4 of the European Convention of Human Rights offering an original interpretation of the concept of exploitation in the context of practices associated with trafficking and 'modern slavery'. This type of inquiry is missing in the existent scholarship. The thesis also conducts a detailed analysis of the jurisprudence of the European Court of Human Rights on positive obligations to protect vulnerable individuals arising out of 'absolute' rights. In addition to providing a complete analysis and classification of these positive obligations, the thesis draws attention to the important difference between the scope of the right and the scope of state responsibility in situations of private infringements of 'absolute' rights. Accordingly, the thesis demonstrates that whereas the prohibition contained in these rights is absolute for the state, positive obligations in situations of their infringements by private individuals are of a limited scope. The analysis of the jurisprudence of the Strasbourg Court is supplemented by a comprehensive discussion of the obligations established in the trafficking-specific instruments. The thesis explains how victim protection provisions contained in these instruments may inform human rights obligations, yet, it demonstrates that these do not represent such obligations on their own. This analysis provides a roadmap for practitioners and activists when arguing cases before the Strasbourg Court and domestically. In addition to this practical dimension, the thesis intends to provide an important contribution to the scholarship on human rights law, and on human trafficking specifically.
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McNeish, Alexander Stewart. "Human tissue legislation in the United Kingdom 1952-2006 : a history and comparative analysis of policy development." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1323.
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This is a study of the genesis of the Corneal (Grafting) Act 1952, the Human Tissue Act 1961, the Human Tissue Act 2004, and the Human Tissue (Scotland) Act 2006. The aim has been to understand why so much had apparently changed between 1952-61 and 2004-06, both in society and in medical practice, as an explanation of why the earlier Acts were essentially ‘enabling/permissive’, whereas the later Acts were ‘regulatory/restraining’. A comparison between the Human Tissue Act 2004 and the separate Human Tissue (Scotland) Act 2006 (both Acts concerned with ‘human tissue’ and with origins in ‘retention of organs without consent’, but with significant differences in their respective provisions), has allowed a finer dissection and comparative analysis of the possible factors involved. The Thesis focuses on the ‘inspiration’, ‘deliberation/ formulation’ and ‘legitimation’ phases of the legislative process (using the terminology of Drewry)-that is, the genesis of the various Acts- and has not sought to study the later (Drewry) phases of ‘implementation’ of the law nor subsequent ‘feedback’. The methodology has been to ‘interrogate the sources’ through in depth study of archived records, using publicly available documents, certain confidential papers made available by the Royal College of Pathologists and the Royal College of Physicians (London), papers released under Freedom of Information Acts, and analysis of the scholarly literature. The findings suggest that a complexity of factors contributed to shaping the 2004 and 2006 legislation, in addition to the proximate ‘organ scandals’. The study may contribute specifically to any wish of Government and the medical/scientific professions to review their processes of consultation and negotiation prior to developing new legislation with an impact on research; and more generally to the case for more regular use of pre-legislative scrutiny of Bills.
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September, Jerome. "Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9175.
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Includes bibliographical references.This dissertation will, through the analysis of various pieces of legislation and taking account of the daily realities of children in South Africa, Brazil and India (IBSA), outline the progress made to reduce and eradicate the exploitation of children, through the elimination of child labour. These three countries are chosen because of the particular challenges they face, but also because as part of the IBSA group, they have committed themselves to working together in the advancement of key international matters, including issues of human rights and social justice. The India, Brazil and South Africa (IBSA) group has further recently been held up as a global example for the efforts made by nations in the elimination of the worst forms child labour. The ultimate goal is the total elimination of child labour. This dissertation will draw attention to the complexities and contradictions in policy and practice, with particular reference to concepts such as ‘Child Labour’ and the ‘Worst Forms of Child Labour’. This dissertation will compare [the experience of] childhood in these countries, and explore the risk factors that place particular children, and families, at risk of utilising child labour as a source of income.
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Chinnian-Kester, Karin. "Female genital mutilation as a form of violence against women and girls: an analysis of the effectiveness of international human rights law." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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Matthews, John. "The legal issues relating to human resources for foreign investors in Hong Kong and/or China." Thesis, Click to view the E-thesis via HKUTO, 1995. http://sunzi.lib.hku.hk/HKUTO/record/B38627814.
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Brady, Michael J. "International law and national legislation : their relation to human rights and the protection of minorities." Thesis, Queen's University Belfast, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.387978.
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Hastie, Bethany. "By any means necessary: towards a comprehensive definition of coercion to address forced labour in human trafficking legislation." Thesis, McGill University, 2012. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=106622.
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With the substantial rise in global migration in recent years, human trafficking and forced labour are becoming increasingly important international and domestic legal issues. A decade since the inception of the Palermo Protocol, States continue to grapple with the legal definitions associated with human trafficking. This is particularly evident with respect to the concept of coercion, and its prevalence in the realm of forced labour. This thesis explores the meaning of coercion as it applies to human trafficking, and particularly to forced labour, in an effort to address the complexity of this concept from both an international perspective, and specifically in its application to Canadian law against human trafficking. This thesis posits that coercion is non-physical in nature and is employed through threats and penalties which target particular vulnerabilities of victims. This thesis develops a legal conceptual framework to define coercion which can inform domestic and international law in improving the criminal justice response to human trafficking and applies this framework to the current Canadian Criminal Code offence against human trafficking to demonstrate existing gaps, and to propose legislative reform which can improve the investigation and prosecution rates of forced labour cases in Canada.La traite des êtres humains et le travail forcé présentent des enjeux juridiques nationaux et internationaux de plus en plus importants. Une décennie après la mise en œuvre du Protocole de Palerme, les Etats continuent à débattre des définitions juridiques associées à la traite humaine. Cela est particulièrement évident concernant le concept de contrainte, et sa prévalence dans le domaine du travail forcé. Ce mémoire explore la signification de la contrainte telle qu'elle s'applique à la traite des êtres humains, et plus particulièrement au travail forcé, afin d'adresser cette question complexe par une double perspective internationale et canadienne, en la confrontant à la loi domestique contre la traite des êtres humains. Ce mémoire postule que la contrainte est de nature non-physique et qu'elle est utilisée efficacement par des menaces et sanctions qui ciblent les vulnérabilités particulières des victimes. Ce mémoire développe un cadre juridique pour définir le concept de contrainte, afin d'informer les lois nationales et internationales dans un but d'améliorer la réponse pénale à la traite des êtres humains. Ce cadre juridique est ensuite opposé à la lettre de l'infraction portant sur la traite des êtres humains, telle que présentement comprise dans le Code criminel du Canada, afin de démontrer les lacunes existantes, et de proposer des réformes législatives qui pourront améliorer le taux de réussite des enquêtes et des poursuites portant sur le travail forcé au Canada.
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Moyo, Khulekani. "Water as a human right under international human rights law : implications for the privatisation of water services." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80062.
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Thesis (LLD)--Stellenbosch University, 2013.Bibliography
ENGLISH ABSTRACT: The worsening scarcity of fresh water resources has led to an increasing number of people without sustainable access to safe water across the globe. Water privatisation has been presented as the panacea to addressing the global water crisis. Privatisation of water has heightened the impetus for the explicit recognition of water as a human right. This dissertation seeks to establish the legal status of the right to water under international human rights law. The dissertation further attempts to ascertain the scope and normative content of such a right. In order to answer these questions, this dissertation carries out a detailed analysis of the possible legal basis, scope and normative content of the right to water under international human rights law. The principal question that arises is how a State can ensure compliance with its human rights obligations in the event of involvement of non-State actors such as private corporations in the management and distribution of water services. This dissertation‘s main hypothesis is that although privatisation of water services does not relieve the State of its legal responsibility under international human rights law, such privatisation imposes certain obligations on private actors consistent with the right to water. The dissertation goes beyond articulating normative considerations and looks at implementation at the national level by highlighting good practices on the practical implementation of the right to water consistent with the normative standards imposed by the right. The dissertation‘s key contribution is its development of an accountability model to ensure that States and private actors involved in the provision of water services have clearly designated roles and responsibilities consistent with the human right to water. If properly implemented, the model has the potential to give greater specification to the normative commitments imposed by the right to water in privatisation scenarios.
AFRIKAANSE OPSOMMING: Die verergerende skaarste van vars water bronne het aanleiding gegee tot die toename in die hoeveelheid mense sonder volhoubare toegang tot veilige water oor die hele aarde. Dit word aangevoer dat die privatisering van water die wondermiddel is om die globale water krisis aan te spreek. Die privatisering van water het aanleiding gegee tot 'n verskerpte aandrang om water uitdruklik te erken as 'n mensereg. Hierdie proefskrif poog om die regsstatus van die reg tot water te vestig binne die raamwerk van internasionale menseregte. Die proefskrif probeer verder om vas te stel wat die omvang en normatiewe inhoud van so 'n reg sal wees. Vervolgens voltrek hierdie proefskrif 'n uitvoerige analise van die moontlike regsbasis, omvang en normatiewe inhoud van die reg tot water binne die raamwerk van internasionale menseregte. Die vernaamste vraag wat opduik is hoe 'n Staat kan verseker dat sy menseregte verpligtinge nagekom word waar nie-Regeringsrolspelers soos korporasies betrokke is by die bestuur en distribusie van waterdienste. Die kern hipotese van hierdie proefskrif is dat alhoewel die privatisering van waterdienste nie die Staat verlig van sy regsverpligtinge in terme van internasionale menseregte nie, sodanige privatisering sekere verpligtinge aan privaatrolspelers voorskryf wat in lyn is met die reg op water. Hierdie proefskrif gaan verder as die artikulering van normatiewe oorwegings en kyk ook na die implementering op nasionale vlak deur goeie praktyke uit te lig met betrekking tot die prakiese implementering van die reg tot water wat konsekwent is met die normatiewe standaarde wat die reg voorskryf. Die kern bydrae van hierdie proefskrif is die ontwikkeling van 'n aanspreeklikheismodel wat versker dat Regerings en privaat rolspelers wat betrokke is by die voorsiening van waterdienste duidelik aangewysde funksies en verantwoordelikhede het wat in lyn is met die reg tot water. Indien hierdie model behoorlik implementeer word, het dit die potensiaal om grooter spesifikasie te gee aan die normatiewe verpligtinge wat deur die reg tot water voorgeskryf word in privatiserings scenarios.
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Pillay, Neelan. "Teachers’ knowledge of legislation and education law specifically and its influence on their practice." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/43224.
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This study argues that education law is of paramount importance in order to be a successful
teacher in our democracy where human rights of all stakeholders are protected and as such
remains the responsibility of government to ensure that all new teachers are trained in the
field of education law.
This dissertation reports to the significance the participants attach to education law and to
their attitudes and their practice in schools. It continues to answer the question whether
knowing the legal rules is in fact changing the game on ground level. There are differing
perspectives on the exact essence of education law; however, there seems to be consensus
in the literature that the fundamental function of education law is to regulate the rights
and obligations of the interested parties in order to make the school conducive for teaching
and learning. The education law functionally contributes to the creation of harmonizing
relationships and ensuring co-operation amongst all stakeholders. Education law therefore
creates a clear framework for the professional role of teachers. The law defines the border
of the playfield and actions at stake in the education sector. Education law as module in Higher Education programmes deals with issues that pertain
directly to the teaching profession. These include inter alia governance, the Bill of Rights,
instructions/regulations, limitations, application of legal principles and expectations
regarding the teacher as an employee. It deals with legal applications and the legal
balancing of human rights in educational practice. As a result, it is assumed that teachers
may feel somewhat overwhelmed by the content of an education law module and its
associated outcomes. This dissertation will therefore also deal with the ability of teachers
to understand and apply the values that underpin the Constitution of the Republic of South
Africa. Education should lead young citizens towards occupying their place in a democratic
society based on human dignity, equality and freedom. The dissertation argues that
insufficient knowledge of education law is impacting negatively on a culture of human
rights application in our school system which results that the school system is unsuccessful
and do not fulfil its obligations in a democracy. This may result in the DoBE being held accountable for not empowering teachers to develop our young citizens to fulfil their place
in our democracy.
In light of the impact of education law, this dissertation is essentially divided into three
sections:
The first section provides an overview of the issues and challenges of teachers
who have had no formal exposure to education law;
The second section focuses on the impact on teachers who have studied
education law as part of their teaching qualification, and
The third section seeks to offer policy recommendations as remedy, inter alia to
include education law as part of all teachers’ training curricula in South Africa.
The legal remedies that this dissertation advocates is that Government should take on their
legal responsibilities towards its employees without turning a blind eye on the value crisis
in our country. Government is accountable to ensure that each teacher is skilled and have
the competencies to apply legal principles and human rights to instil a culture of human
rights that is conducive for teaching in our school system.Dissertation (MEd)--University of Pretoria, 2014.
lk2014
Education Management and Policy Studies
MEd
unrestricted
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Elbahtimy, Mona Ahmed Hassan. "The right to be free from the harm of hate speech in international human rights law : an analysis of a difficult evolutionary path." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648696.
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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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Fick, Sarah Johanna. "Consenting to objectifying treatment? Human dignity and individual freedom." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/20286.
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Thesis (LLM)-- Stellenbosch University, 2012.ENGLISH ABSTRACT: The purpose of this study was to determine whether an individual can and/or should be allowed to consent to objectifying treatment. This necessitated the determination of the meaning of dignity, the meaning of freedom and the relationship between dignity and freedom. It was found that both the right not to be objectified and the right to consent to objectification could be found within human dignity. This is due to the broad definition of dignity in terms of which dignity has two, sometimes contradicting, components. One component safeguards autonomy and the right to choose, which supports consent to objectification, whereas the other promotes individual self-worth by prohibiting objectifying treatment. By investigating the meaning of freedom it was found that freedom as a constitutional value, and possibly also a free-standing constitutional right, could incorporate the right to consent to objectifying treatment. Three possible solutions to this tension between human dignity and freedom were identified and critically analysed. The first was that an individual cannot and should not be allowed to consent to objectification. This solution is primarily based on the notion that dignity is supreme to freedom and that freedom should yield to communitarian dignity. Furthermore, it is contended that consent to objectification is often invalid due to economic coercion and undue influence. The second possible solution was that, although an individual might not be able to validly consent to objectifying treatment, such consent should still be allowed under certain circumstances. The example of invalid consent due to economic coercion introduced in the previous solution was examined in relation to prostitution. The contention regarding this approach is that, since our government is unable to fulfil the socio-economic needs of those who consent due to economic coercion, such consent should be allowed and strictly regulated. The third possible approach was that circumstances do exist in which individuals can give valid consent to objectification and that in these circumstances they should be allowed to do so. In this solution the grounds of the first approach is criticised by contending, for example, that dignity is not supreme to freedom, that a plural society should allow these type of choices and that consent to objectification is already allowed in some instances. The results of this study were that, although there are situations in which genuine consent is not possible, it can be given under certain circumstances. An individual who cannot give genuine consent to objectification should not be allowed to do so, unless transitional measures dictate otherwise. However, an individual who is capable of giving valid consent to objectification should be allowed to do so. Finally, regardless of whether such consent is genuine or not, strict regulation thereof is required.
AFRIKAANSE OPSOMMING: Die doel van hierdie studie was om vas te stel of 'n individu kan toestem en/of toegelaat behoort te word om toe te stem tot objektiverende behandeling. Dit genoodsaak dat die betekenis van menswaardigheid en vryheid, asook verhouding tussen hierdie twee begrippe vasgestel word. Daar is bevind dat beide die reg om nie te geobjektifeer te word nie en die reg om toe te stem tot objektivering gevind kan word binne die begrip van menswaardigheid. Hierdie is te danke aan die breë definisie van menswaardigheid in terme waarvan menswaardigheid uit twee, soms weersprekende, komponente bestaan. Een komponent beskerm outonomie en die reg om te kies, wat toestemming tot objektivering ondersteun, terwyl die ander komponent individuele waarde bevorder deurdat dit objektiverende behandeling verbied. Tydens die ondersoek aangaande die betekenis van vryheid is bevind dat vryheid as 'n grondwetlike waarde, en moontlik ook 'n vrystaande grondwetlike reg, die reg om toe te stem tot objektiverende behandeling kan inkorporeer. Drie moontlike oplossings vir hierdie spanning tussen menswaardigheid en vryheid is geïdentifiseer en krities ontleed. Die eerste is dat 'n individu nie kan toestem en ook nie toegelaat behoort te word om toe te stem tot objektivering nie. Hierdie oplossing is hoofsaaklik gebaseer op die veronderstelling dat vryheid onderworpe is aan menswaardigheid en dat individuele vryheid moet toegee tot die menswaardigheid van die gemeenskap. Verder word dit beweer dat toestemming tot objektivering dikwels ongeldig is as gevolg van die ekonomiese dwang en onbehoorlike beïnvloeding. Die tweede moontlike oplossing was dat, alhoewel 'n individu nie noodwendig instaat is om geldige toestemming tot objektiverende behandeling te verskaf nie, sodanige toestemming onder sekere omstandighede steeds toegelaat behoort te word. Die voorbeeld van ongeldig toestemming as gevolg van ekonomiese dwang wat in die vorige oplossing bekendgestel is, is ondersoek aan die hand van prostitusie. Die bewering ingevolge hierdie benadering is dat, aangesien ons regering is nie in staat is om die sosio-ekonomiese behoeftes van diegene wat toestem tot objektivering as gevolg van ekonomiese dwang te vervul nie, sodanige toestemming toegelaat en streng gereguleer behoort te word. Die derde moontlike benadering is dat daar wel omstandighede bestaan waar individue geldige toestemming kan gee tot objektivering en dat hulle in hierdie omstandighede toegelaat behoort te word om dit te gee. In terme van hierdie oplossing word die gronde waarop die eerste benadering gebaseer is gekritiseer, deur byvoorbeeld te argumenteer dat menswaardigheid nie verhewe is bo vryheid nie, dat in ons huidige diverse samelewing sulke soort keuses aanvaar behoort te word en dat toestemming tot objektivering reeds in sommige geval toegelaat word. Die resultate van hierdie studie was dat, alhoewel daar omstandighede bestaan waaronder geldige toestemming nie moontlik is nie, dit wel onder sekere omstandighede gegee kan word. 'n Individu wat nie daartoe instaat is om geldige toestemming tot objektivering te gee nie, behoort nie toegelaat word om dit te doen nie, tensy oorgangsmaatreëls anders bepaal. Waar 'n individu egter in staat is om geldige toestemming tot die objektivering te gee, behoort dit toegelaat word. Ten slotte is streng regulering van toestemming tot objektiverende behandeling nodig ongeag of sodanige toestemming geldig is of nie.
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GATTO, Alexandra. "The responsibility of multinational enterprises for human rights violations in European Union law." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7018.
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Defence date: 18 June 2007Examining Board: Prof. Francesco Francioni, (EUI) ; Prof. Marise Cremona, (EUI) ; Prof. Enzo Cannizzaro, (University of Macerata) ; Prof. Olivier De Schutter, (Catholic University of Louvain)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis addresses the question as to how the European Union can ensure that EU based MNEs respect human rights when operating in third countries. Firstly, it identifies primary obligations on MNEs as developed by international law in order to tackle the above question. Secondly, on the basis of this theoretical framework it investigates how the European Union has acted to promote respect of human rights obligations by MNEs which are based on the territory of one of its Member States. Thirdly, the gap between the EU’s commitment to the respect and promotion of human rights, the potential to regulate the conduct of MNEs and the EU’s reluctance to impose human rights obligations on MNEs is explored. It is suggested that current human rights law should develop in the sense of considering companies as duty holders, together with States and other non-state actors, for the realisation of human rights. Moreover, a principle of graduation of responsibility is applied to MNEs, according to the specific human right involved, the proximity to the victim and the element of State authority exercised by the company in a particular situation. The above depicted graduation of responsibility (from the obligation to respect, to the obligation to promote human rights) should be matched by a graduation of corresponding implementing mechanisms. Applying this theoretical framework to the EU, three main recommendations have been formulated. Firstly, the EU should more firmly link the promotion of MNEs’ human rights obligations to international human rights law and support the constitution of an international law framework within the UN. Secondly, the EU should promote MNEs’ human rights obligations within the limits of its competence, both at the international and at an external level. It has been argued that a proactive attitude in this respect would not require the acquisition of new powers, but simply the recognition of a functional competence on the basis of Article 6 TEU in taking positive (and not merely negative) steps for the promotion of human rights in the areas of its competence occurring in international law and the international framework for MNEs’ responsibility. Finally, the EU should not abandon the option of exploring non-binding and incentive measures, both at the international and external levels, to be encouraged as a viable complement to binding measures.
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Lee, Man-yee Karen, and 李敏儀. "Equality, human dignity, and the grounds for the legalization of same-sex marriage." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2009. http://hub.hku.hk/bib/B41508890.
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Harpur, Paul David. "Labour rights as human rights : workers' safety at work in Australian-based supply chains." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/35793/1/Paul_Harpur_Thesis.pdf.
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The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers.
This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China).
It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses.
Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged.
Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR).
The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized.
Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.
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Sullivan, Camille. "Two's legal but three's a crowd : law, morality and three-parent embryos: regulation of mitochondrial replacement therapy." Thesis, Canberra, ACT : The Australian National University, 2013. http://hdl.handle.net/1885/109247.
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Smit, Jack H. "The political origins and development of Australia’s people smuggling legislation: Evil smugglers or extreme rhetoric?" Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2011. https://ro.ecu.edu.au/theses/419.
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This thesis explores the Australian State response to the voyage facilitators of maritime asylum seekers, commonly known as ‘people smugglers’. It does so by examining a number of Parliamentary debates and previously confidential Cabinet papers. Negative depictions of asylum seekers and their voyage facilitators as well as the prevailing political discourse is critically explored while Parliamentary debates are analysed using Critical Discourse Analysis. The research questions the ways Australian legislators justified the criminalisation of these voyage facilitators and investigates whether political elites were sufficiently informed about the circumstances of maritime asylum seeker journeys and the unique nature of their travel arrangements. The analysis is conducted within the container of established asylum seeker rights as formulated by the United Nations is its 1951 Refugee Convention. Within the Australian context these are framed as the “rights of unauthorised arrivals”. By examining de-classified Fraser government documents, the thesis presents evidence of the State’s intent to criminalise ‘people smugglers’ as part of a two-fold strategy, aiming to also punish maritime asylum seekers for arriving uninvited. This strategy was first proposed under the Fraser government soon after the first asylum seeker vessels arrived in Australia during the late 1970s. The research findings indicate that the increasingly harsh measures imposed by successive Australian governments targeting smugglers and passengers represents an increasingly punitive and continuous series of policy proposals and parliamentary discourse, where the voyage facilitators became the recipients of criminal labels such as “traffickers” and “smugglers” while 1980 legislative measures determined them to be serious criminals. The research also analyses legislative measures aiming to impose criminal sanctions implemented by the Howard government in 1999, and legislation that established a wide range of extended powers to Australian border officials in dealing with ‘unauthorised’ vessels entering Australian waters. Both legislative measures were responses to a number of undetected entries by vessels with Chinese migrants in the lead-up to the 2000 Sydney Olympic Games. This section of the research explores the dominant “national security” narrative constructed by Australia’s conservative political elites in order to justify the legislation criminalising ‘people smugglers’. The research presents documented evidence that the Howard government withheld details of the Chinese arrivals from Parliament for ‘operational reasons’ and that the Immigration Department attempted to influence political debates by means of distributing a manipulative briefing document in the Parliament. Post-research participant interviews present evidence that Prime Minister John Howard’s Immigration Minister Phillip Ruddock held the view that nobody has the right, neither by air nor by boat, to enter Australia to seek asylum. The research concludes that the legislative measures criminalising ‘people smugglers’ were not presented in order to fight transnational people trafficking but that they were instead presented and passed by the Parliament to ‘stop the boats’ and to further deter assisted asylum voyages into Australia by regarding such ventures as illegal without due regard for the UN Refugee Convention.
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Bac, Joanna Ewa. "Software intelligence (SI), dependent legal personhood & SI-human amalgamation : an evolutionary step for US patent law and SI." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237873.
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This doctoral thesis addresses the question of why and how the United States of America (US) legal system should grant legal personhood to software intelligence (SI). This new legal status of SI is visualised as a dependent type of person. The SI dependent legal person would be determined by an inextricable connection between SI and a new type of corporate body, introduced here as SI-Human Amalgamation (SIHA). SI has been defined as one or more computer programmes with an ability to create work that is unforeseen by humans. This includes SI capacity to generate unforeseen innovations, patentable inventions and/or infringe the rights of other patent holders. At present, SI is an entity unrecognised by law. The fact that SI is neither a natural nor a legal person indicates that it cannot be considered the rights' owner or liability bearer. This in turn creates tensions both in society and legal systems because questions, such as, who should hold those rights or be liable for autonomous acts of SI, remain unanswered. It is argued that the SI dependent legal person and SIHA, are necessary to address the new challenges introduced by SI. SI and SIHA, their creativity and actions would be distinct from those performed by human beings involved in the creation of this amalgamation, such as SI's operators or programmers. As such, this structure would constitute an amalgamation based on human beings and SI cooperation (SIHA). SI, as a dependent legal person, would hold the patents rights to its own inventions thus ensuring favourable conditions for the incentives of the US patent system. In addition, the proposed legal framework with the use of legislative instruments could address any liability concerns arising from the foreseen and unforeseen actions, omissions and failure to act of SI.
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Chow, Lok-ning Eric, and 周樂寧. "Policy-making in an executive-led government: an analysis of the equal opportunities bill and the human rights andequal opportunities commission bill." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31964916.
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Teklu, Asmelash Yohannes. "Striking the balance between conforming to human rights standards and enacting anti-terrorism legislation : a challenge of the 21st century : an Ethiopian perspective." Thesis, University of Lincoln, 2014. http://eprints.lincoln.ac.uk/14695/.
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The attacks against the United States of America (US) on 11 September 2001 paved the way for the coming into effect of much counter-terrorism legislation across the world. Ethiopia is one of the countries that have introduced new legislation on terrorism, which is mainly drawn from the UK and, to a lesser extent, from the US. The aim of this thesis is to comprehensively assess Ethiopia's counter-terrorism legislation in light of the experiences of the UK and the US in dealing with terrorism. Furthermore, this thesis discusses the consequences of ‘copying' Western counter-terrorism legislation into Ethiopian culture, drawing particular attention to the need for a proper balance between legitimate security interests and the protection of fundamental rights. This thesis is organized as follows. The first chapter introduces the significance, methodology, limitation, and scope of the thesis. The second chapter discusses the development of Ethiopian legal system, human rights and counterterrorism measures. Moving forwards, chapter three seeks to analyse two important factors encapsulated within the right to freedom of expression; that is, the content and medium of the expression and the identity of the speaker/publisher. The relevance of these factors in giving effect to the right to freedom of expression is evaluated in light of the need to protect against the incitement and/or encouragement of terrorism. The chapter then deepens its critical assessment by reviewing the difficulty of implementing these factors in Ethiopia. Chapter four seeks to widen the debate by exploring the legal regimes governing intercept evidence - an issue of great importance in terrorism discourse. The chapter critically examines why intercept evidence obtained through a warrant is inadmissible in UK courts. Additionally, this chapter compares the position of the UK with that of the US, isolating areas of similarities and differences with a view to comparing the Ethiopian position on intercept communications. Chapter five focuses on the arrest of individuals on suspicion of terrorism and the length of pre-charge detention under the three countries selected for this research. This chapter will then explore whether there is a need for a watered down version of ‘reasonable suspicion' in terrorism cases. This chapter further considers Ethiopia's position with regard to the level of knowledge required to execute arrests, considering whether Ethiopia could and should reflect on the UK's position in attempting to facilitate a greater accordance with fundamental rights by shortening the 120 days pre-charge detention currently available to police when arresting individuals on suspicion of terrorism. The final chapter draws on the preceding debate and provides the concluding remarks on the thesis.
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Du, Plessis Madri. "Evaluation of the international law regarding humanitarian intervention in human rights abuses not breaching international peace and security." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/53742.
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Thesis (LLM)--Stellenbosch University,2004.ENGLISH ABSTRACT: This study exammes, m stages of development, the existing law regarding humanitarian intervention, problems in respect of this law and cases of intervention. More specifically, intervention in human rights abuses not breaching international peace and security but rather posing a so-called threat to peace is examined. This information is used to consider whether more adequate provision can be made regarding circumstances of intervention to stop situations of grave human rights abuses sooner. From the law regarding humanitarian intervention, it is evident that the institution of intervention is illegal under the present UN legal system. Yet, in a time when the human rights culture has become so important that it forms part of the basis of international law, effective intervention is not being authorised by the Security Council. As a result, other actors have been intervening in cases of grave human rights abuses. These interventions need to be appropriate and well managed. Since the protection of human rights is as valid in non-democracies, as in any democratic state form, the study finds that human rights will benefit from dependence on legitimate authority. Attributing more importance to the Uniting for Peace Resolution could expand the role of the General Assembly. Humanitarian intervention also needs to be coupled with a commitment to address the causes of human rights abuses through conflict resolution and social reconstruction. The study concludes with some criteria/guidelines for the establishment of the legitimacy of intervention.
AFRIKAANSE OPSOMMING: Hierdie studie is - binne 'n raamwerk van ontwikkelingstydperke - 'n ondersoek na die bestaande reg aangaande humanitêre ingryping, probleme tenopsigte daarvan en gevalle van ingryping. Veral ingrypings in menseregte-skendings wat nie internasionale vrede en sekuriteit skend nie, maar eerder 'n sogenaamde bedreiging vir vrede is, word ondersoek. Die inligting wat so bekom is, word gebruik om te oordeel of meer gepaste voorsiening gemaak kan word waarvolgens situasies van growwe menseregte-skendings deur ingryping gouer beëindig kan word. Die reg aangaande humanitêre ingryping toon dat ingryping onwettig is in die bestaande regsisteem van die Verenigde Nasies. In 'n tyd waarin menseregte so belangrik geword het dat dit ten grondslag lê van internasionale reg, word effektiewe ingrypings nogtans nie gemagtig deur die Veiligheidsraad nie. Gevolglik gryp ander partye in om teen situasies van growwe menseregte-skendings op te tree. Hierdie ingrypings moet daarom gepas wees en goed bestuur word. Aangesien die beskerming van menseregte net so geldig is in ander staatsvorms as in demokrasieë, bevind die studie dat menseregte sal baat daarby indien dit afhanklik is van legitieme gesag. Voorts kan die rol van die Algemene Vergadering aangaande die beskerming van menseregte uitgebrei word deur groter waarde te heg aan die "Uniting for Peace"-resolusie. Dit is verder nodig dat humanitêre ingryping gekoppel word aan 'n verbintenis om die oorsake van menseregteskendings aan te pak deur konflik-resolusie en sosiale heropbou. Ter afsluiting word riglyne neergelê om te help met die bepaling van die legitimiteit van . . mgrypmg.
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Chapdelaine, Feliciati Clara. "The status of the girl child under international law : a semioethic analysis." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:811e3c7a-40a8-4d1f-a790-7842eb1b8d0c.
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This thesis engages in a semioethic analysis of the English text of international human rights treaties to assess whether the provisions as formulated clearly identify the girl child and take into account her unique condition. Its hypothesis is that the terminology employed to define the girl child and phrase her rights is insufficient to ensure her protection. The thesis firstly explores the unique status of the girl child as a female and a child, and the obstacles she faces in exercising her rights as a result of sexism, childism, and interactive intersectional discrimination. It also presents the semiotics theory, the Meaning Triad developed by Victoria Lady Welby, which allows for an analysis of the sense, meaning and significance of terminology, and the semioethic approach, which studies the import of signs for the purpose of improving the human condition. The thesis explains how intersectionality theory and semioethics shall be applied as methodologies to examine the content of international treaties as concerns the girl child. Secondly, the thesis explores the status of the girl child under international law. It examines the gradual recognition of the girl child in the international legal apparatus and the definition of the girl child in international law and the English language. Thirdly, the thesis analyses the right to life of the girl child as a case study to investigate whether its formulation under international law sufficiently tackles three key violations experienced by girl children: prenatal sex selection, female infanticide, and feminicide of adolescent girls. The thesis focuses on the two main treaties pertaining to the girl child, the CRC and the CEDAW, and a central treaty protecting the right to life, the ICCPR. At the end of each chapter, recommendations are provided, where applicable, to modify the wording of relevant provisions in order to strengthen the protection of the girl child.
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Lacroix, Mireille 1971. "Genetic information and the family : a challenge to medical confidentiality." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80935.
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Because of its perceived ability to predict future health and its relevance for family members, genetic information challenges the traditional justifications for medical confidentiality. This thesis examines the question whether a health care professional should have the discretion or a duty to breach confidentiality in order to inform a patient's relatives of their increased genetic risk. There is currently no exception to the statutory, common law and ethical duties of confidentiality for the non-consensual disclosure of genetic information to relatives. Precedents developed in the context of threats of harm and communicable diseases are of limited value. The law should not recognise the existence of a duty to warn in the context of genetics. As a last resort, health care professionals should be authorized, but not required, to disclose genetic risk information when there is a serious risk of preventable harm and when the potential harm of non-disclosure outweighs that of disclosure.
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Stockmann, Petra. "Indonesian reformasi as reflected in law : change and continuity in Post-Suharto era legislation on the political system and human rights /." Münster [u.a.] : LIT-Verl. [u.a.], 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/385302126.pdf.
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Odendaal, Barend Röges. "Implications of the Employment Equity Act and other legislation for human resource planning in Telkom, Western Cape." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51797.
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Thesis (MPA)--Stellenbosch University, 2000.ENGLISH ABSTRACT: The affirmative action process has accelerated dramatically since the democratisation of South Africa. After the 1994 general election equity became entrenched in legislation. The employment equity legislation together with other labour legislation is there to undo long-standing segregation policies. The Employment Equity Act, 1998, holds unique challenges for organisations to reach their employment equity goals. A limited time period has also been set for organisations to apply a temporary intervention to endeavour to correct the imbalances caused by the apartheid regime. The apartheid legislation, which resulted in 45 years of racial separation, had the adverse effect of denying certain South Africans equal employment opportunities. This caused an imbalance in the labour demographics of South Africa. This study focuses on the effects of the implementation of the Employment Equity Act, 1998, and other legislation on human resource planning within Telkom SA. Telkom SA, being the largest communications company in South Africa, has committed itself to employment equity and has already embarked on an affirmative action programme. However, the various pieces of legislation require certain criteria to be met. With the distortion of the labour demographics, Telkom SA finds has difficulty in finding suitably qualified candidates in certain race groups within the Western Cape. Perceptions of affirmative action have also been negative and this has led to resistance to the process. As soon as a commitment to the process occurs, then all human resources can be utilised effectively.
AFRIKAANSE OPSOMMING: Regstellende aksie het dramaties versnel sedert die 1994 algemene verskiesing van Suid Afrika en gelykheid het deel begin vorm van aIle wetgewing. Die wetgewing op gelyke geleentheid, tesame met ander arbeidwetsgewing is daarop gestel om rasse verwydering te beveg. Die Wet op Gelyke Geleenthede, 1998, vereis dat instansies hulle gelyksheid doelwitte bereik binne 'n gegewe tydperk. Die tydelike tussenkoms om die wanbalans te herstel, wat deur die ou regering veroorsaak is, is van kardinale belang. Die apartheids wetgewing het veroorsaak dat daar na 45 jaar steeds 'n negatiewe uitwerking is vir sekere rassegroepe. Dit het ook veroorsaak dat daar 'n wanbalans in die demografie van Suid Afrika is. Hierdie studie is gemik daarop om die uitwerking van die verskeie wetgewing se uitwerking op die beplanning van die menslikehulpbronne van Telkom SA te ondersoek. Telkom SA, is tans die grootste kommunikasie maatskappy in Suid Afrika en hulle is daarop gemik om gelyke geleenthede te bevorder en het die nodige stappe alreeds geneem ten opsigte van die regstellende aksie plan. Die verskeie wetgewing stel sekere vereistes aan Telkom SA weens die feit dat hulle deel vorm van die aangewese maatskappye soos die wetgewing bepaal. Hulle vind dit moeilik om 'n geskoolde persoon uit sekere rassegroepe te kry, weens die feit dat hulle nie gelyke geleentheid gehad het om te ontwikkel nie. Regstellende aksie is ook negatief ontvang deur sekere werknemers en dit kan die proses vertraag. Sodra persone toegewyd word aan die voordele van so 'n proses, sal die dienste van aIle Suid-Afrikaners effektief gebruik kan word.
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Penninga, Mark, and University of Lethbridge Faculty of Arts and Science. "A Judeo-Christian account of human dignity in Canadian law and public policy." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 2008, 2008. http://hdl.handle.net/10133/671.
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Understanding human dignity is integral to protecting human rights. An examination
of Canada‘s Supreme Court decisions and Canadian public policy debates reveals that human
dignity is being defined synonymously with individual autonomy and equality. This narrow
understanding has serious implications for people who are not able to assert their autonomy.
To understand the philosophical ideas behind these decisions, this thesis examines classical,
modern, and postmodern accounts of human dignity and concludes that they fall short in
providing an objective grounding for dignity that is truly human. It then looks to the Judeo-
Christian account of human dignity to provide a transcendent foundation for human dignity.
With this account, persons are rational and physical, relational, inviolable, and teleological –
a hopeful contrast to the prevailing contemporary accounts. This thesis then defends the place
of this religious perspective in our secular country.vi, 182 leaves : ill. ; 29 cm.
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Kamidi, Rino. "A legal response to child trafficking in Africa: A case study of South Africa and Benin." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2928_1210843608.
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Human trafficking has emerged over the past three decades as an issue of considerable concern for the international community, and governments around the world have committed themselves to enacting legislation to combat the trade in humans. This has resulted in the adoption of international standards and important obligations of governments, to address the trafficking in persons (TIP) and in particular child trafficking which appears as a worldwide form of modern-day slavery, and a facet of transnational organized crime. This study investigated the potential causes of this state of affairs, which could be the inadequacy of legal texts and absence of implementation mechanisms, lack of co-ordination amongst the actors implicated, the insufficiency of political will to respond to the problem, the permeability of borders, or the lack of information in the accounts of victims and their parents. The principle objective aimed to address and ensure safety, special protection and security to child victims of trafficking. In so doing this study identified the existing legal framework in the international and regional environment.
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Albertus, Chesne Joy. "The constitutionality of using deadly force against a fleeing suspect for purposes of arrest." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2766_1205414522.
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The advent of the supreme Constitution signaled the beginning of an era during which the South African legal system must be intolerant to human rights violations. All laws and conduct must conform to the Constitution. If it does not then the law or conduct must be declared invalid to the extent that it is inconsistent with the Constitution. This paper questions the constitutionality of the use of deadly force against a fleeing suspect in terms of section 49 of the Criminal Procedure Act. In particular this paper sets out the circumstances in which section 49 justifies the use of deadly force against fugitives.
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Al-Zoubi, Muath Yahia Yosef. "An analysis of the crime of trafficking in persons under international law with a special focus on Jordanian legislation." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/12138.
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This thesis analyses the crime of trafficking in persons under international law with a special focus on Jordanian legislation, arguing that efforts to address the crime of trafficking in persons require a holistic approach, but it will focus on questions of jurisdiction and legal definitions. After analysing the definitions, elements, forms, and typologies of the crime of trafficking in persons under the Trafficking in Persons Protocol (TIPP) as the main legal international instrument, this thesis further examines whether or not Jordanian legislation is in line with international standards. Then, under the holistic approach to addressing the crime of trafficking in persons, this thesis examines trafficking in persons as a transnational organised crime. Subsequently, it examines trafficking in persons as a crime against humanity by examining whether or not the International Criminal Court (ICC) might be regarded as an effective organ for addressing trafficking in persons as a crime against humanity. Later, the thesis examines the efforts made in Jordan to address the crime of trafficking in persons. Accordingly, this thesis concludes that trafficking in persons is a multi-dimensional problem and that long-term success will not be achieved by taking a disjunctive approach to addressing its many facets. Therefore, achieving a unified approach will lead to a permanent solution or will at least make a major contribution to addressing the problem.
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Massager, Nathalie. "Les droits de l'enfant à naître: le statut juridique de l'enfant à naître et l'influence des techniques de procréation médicalement assistée sur le droit de la filiation :étude de droit civil." Doctoral thesis, Universite Libre de Bruxelles, 1997. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212236.
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Загорська, М., and Л. М. Дешко. "До питання про імплементацію міжнародних договорів щодо прав людини в національне законодавство." Thesis, Українська академія банківської справи Національного банку України, 2006. http://essuir.sumdu.edu.ua/handle/123456789/61102.
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Процес становлення та розвитку відносин в сфері реалізації, охорони і
захисту прав людини поставив актуальне питання про формування нового,
сучасного законодавства, що регулює відносини, які виникають в процесі
організації, здійснення та реалізації прав людини в зазначеній сфері.
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Mnisi, S. C. "An analysis of the enforcement of the rights of access to adequate housing." Thesis, University of Limpopo, 2014. http://hdl.handle.net/10386/1211.
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Thesis ( LLM.) --University of Limpopo, 2014The Enforcement of the right to housing is one of the greatest challenges facing South African Government. The slow rate of housing delivery has forced society to suspect corruption. Communities from different provinces have demonstrated, through strikes and protest to their local municipalities, to register their discontent about the slow pace of housing delivery. The study focuses more on groups of people who are unable to address their emergency housing needs from their own resources, such as, minors heading households, children without parents, elderly, disabled and unemployed people. The study further discusses the possible remedies to these vulnerable people when their right of access to adequate housing has been infringed, especially during eviction.
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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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King, William Jude. "The implications of canon 1286 for the canonical protection of employee rights in Pennsylvania." Theological Research Exchange Network (TREN), 1989. http://www.tren.com.
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Yanou, Michael A. "Access to land as a human right the payment of just and equitable compensation for dispossessed land in South Africa." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1003214.
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This thesis deals with the conceptualization of access to land by the dispossessed as a human right and commences with an account of the struggle for land between the peoples of African and European extractions in South Africa. It is observed that the latter assumed sovereignty over the ancestral lands of the former. The thesis discusses the theoretical foundation of the study and situates the topic within its conceptual parameters. The writer examines the notions of justice and equity in the context of the post apartheid constitutional mandate to redress the skewed policy of the past. It is argued that the dispossession of Africans from lands that they had possessed for thousands of years on the assumption that the land was terra nullius was profoundly iniquitous and unjust. Although the study is technically limited to dispossessions occurring on or after the 13th June 1913, it covers a fairly extensive account of dispossession predating this date. This historical analysis is imperative for two reasons. Besides supporting the writer’s contention that the limitation of restitution to land dispossessed on or after 1913 was arbitrary, it also highlights both the material and non-material cost of the devastating wars of dispossessions. The candidate comments extensively on the post apartheid constitutional property structure which was conceived as a redress to the imbalance created by dispossession. This underlying objective explains why the state’s present land policy is geared towards facilitating access to land for the landless. The thesis investigates the extent to which the present property structure which defines access to land as a human right has succeeded in achieving the stated objective. It reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. The latter was carefully examined because it plays a crucial role in the success or otherwise of the restitution scheme. The writer argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the moral component inherent in the Aristotelian corrective justice. This, in the context of South Africa, requires compensation to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. It seems obvious that the scales of justice are tilted heavily in favour of the propertied class whose ancestors were responsible for this dispossession. This has a ripple effect on the pace of the restitution process. It also seems to have the effect of favouring the property class at the expense of the entire restitution process. The candidate also comments on the court’s differing approaches to the interpretation of the constitutional property clause. The candidate contends that the construction of the property clause and related pieces of legislation in a manner that stresses the maintenance of a balance between private property interest and land reform is flawed. This contention is supported by the fact that these values do not have proportional worth in the present property context of South Africa. The narrow definition of “past racially discriminatory law and practices” and labour tenant as used in the relevant post apartheid land reform laws is criticized for the same reason of its uncontextual approach. A comparative appraisal of similar developments relating to property law in other societies like India and Zimbabwe has been done. The writer has treated the post reform land evictions as a form of dispossession. The candidate notes that the country should guard against allowing the disastrous developments in Zimbabwe to influence events in the country and calls for an amendment of the property clause of the constitution in response to the practical difficulties which a decade of the operation of the current constitution has revealed.
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Keeffe, Mary Bernice. "Legal Tensions in the Governance of Inclusion: Principals' Perspectives on Inclusion and the Law." Thesis, Queensland University of Technology, 2004. https://eprints.qut.edu.au/15976/1/Mary_Keeffe_Thesis.pdf.
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Disability discrimination is an ongoing problem in Australian schools. This study analyses the tension that exists between the requirements of the disability discrimination legislation and the way that principals make decisions about the inclusion of students with disabilities in Queensland state schools. The findings from the study suggest that principals believe the disability discrimination legislation is relevant but it is not helpful in providing a framework for discrimination-free decision-making. Instead, the democratic governance processes of inclusion and collaboration are identified as essential elements of the school principal's decision-making process if inclusive school cultures are to thrive and if discrimination is to be reduced or eliminated.
Habermas's critical theory of lifeworld and systems world provides the conceptual framework to analyse the complex lifeworld of the principal and the systemic requirements of the legislation. A lifeworld model of decision-making interactions within the inclusive school is proposed from the data collected in this study.
Data were collected using a mixed methodology in which 120 principals responded to surveys about their perspectives on inclusion. This was followed by a series of in-depth interviews with six principals who described their schools as inclusive. Focus groups also provided group perspectives and verified the data collected from the surveys and interviews. Together, the quantitative data and the qualitative information complement each other to provide comprehensive perspectives from principals about inclusion and the law.
Recommendations are made in the final chapters that propose a new legal paradigm for disability discrimination legislation so that the discordance between the systems world of the law and the lifeworld of the principal may be reduced. More specific policy and governance recommendations promote collaborative decision-making models to facilitate shared understandings about complex issues that relate to disability.
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Keeffe, Mary Bernice. "Legal Tensions in the Governance of Inclusion: Principals' Perspectives on Inclusion and the Law." Queensland University of Technology, 2004. http://eprints.qut.edu.au/15976/.
Full textAbstract:
Disability discrimination is an ongoing problem in Australian schools. This study analyses the tension that exists between the requirements of the disability discrimination legislation and the way that principals make decisions about the inclusion of students with disabilities in Queensland state schools. The findings from the study suggest that principals believe the disability discrimination legislation is relevant but it is not helpful in providing a framework for discrimination-free decision-making. Instead, the democratic governance processes of inclusion and collaboration are identified as essential elements of the school principal's decision-making process if inclusive school cultures are to thrive and if discrimination is to be reduced or eliminated. Habermas's critical theory of lifeworld and systems world provides the conceptual framework to analyse the complex lifeworld of the principal and the systemic requirements of the legislation. A lifeworld model of decision-making interactions within the inclusive school is proposed from the data collected in this study. Data were collected using a mixed methodology in which 120 principals responded to surveys about their perspectives on inclusion. This was followed by a series of in-depth interviews with six principals who described their schools as inclusive. Focus groups also provided group perspectives and verified the data collected from the surveys and interviews. Together, the quantitative data and the qualitative information complement each other to provide comprehensive perspectives from principals about inclusion and the law. Recommendations are made in the final chapters that propose a new legal paradigm for disability discrimination legislation so that the discordance between the systems world of the law and the lifeworld of the principal may be reduced. More specific policy and governance recommendations promote collaborative decision-making models to facilitate shared understandings about complex issues that relate to disability.
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Tadesse, Mizanie Abate. "HIV testing from an African Human Rights System perspective : an analysis of the legal and policy framework of Botswana, Ethiopia and Uganda." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5928_1210839992.
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The HIV/AIDS pandemic poses the greatest threat to Africa's efforts to achieve its full potential in the social, economical and political spheres. Cognizant of its devastating consequences, various mechanisms have been designed to address the issue of HIV/AIDS in Africa. This thesis addressed the question: 'Are the legislations and policies of Ethiopia, Botswana and Uganda providing for various modalities of HIV testing consistent with human rights as enshrined under African Human Rights system?' The author of this dissertation critically analyzed the African human rights instruments and the relevant domestic legislation and policies of the three countries.
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Keyanti, Frederick Kanjo. "The plight of internally displaced persons (IDPs) during armed conflict: the case of Sudan and Somalia." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7839_1257146321.
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The plight of internally displaced persons (IDPs)in Sudan and Somalia constitutes one of the greatest human tragedy of our time since the end of the Cold War. The concept of IDPs is immense and growing. This research paper addressed the plight of IDPs during armed conflict in Sudan and Somalia. This paper also investigated into the existing institutional and legal frameworks for the protection of IDPs during armed conflict and critically highlight some of the weaknesses of these institutions and legal instruments that protect IDPs during armed conflict.
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LAZARO, Christophe. "La fabrication juridique d'un corps hybride : regard pragmatique sur les rapports entre droit et technologies prothétiques." Doctoral thesis, 2012. http://hdl.handle.net/1814/25203.
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Examining Board: Professor Giovanni Sartor, Institut Universitaire Européen (directeur de thèse); Professor Serge Gutwirth, Vrije Universiteit Brussel (codirecteur de thèse); Professor Yves Poullet, Université de Namur; Professor Loïc Azoulai, Institut Universitaire Européen.Defence date: 12 December 2012
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Grâce au développement de technologies de plus en plus complexes susceptibles de s’immiscer dans l’organisme, corps et artéfacts semblent en passe de connaître un degré d’hybridation jamais atteint jusqu’alors. Certaines technologies prothétiques émergentes - comme les bio-implants ou les puces électroniques - sont incontestablement de nature à bouleverser nos représentations du corps humain, si ce n’est notre nature anthropologique elle-même. A ce titre, ces technologies sont à la source de nombreuses inquiétudes et nourrissent, dans le champ juridique et éthique, un très vif débat qui se situe principalement sur le versant politique de la réglementation et de la gouvernance. L’objectif de la présente étude est d’élargir le champ de l’investigation consacrée aux rapports entre droit et nouvelles technologies en portant l’attention sur la pratique juridictionnelle, afin de mettre en évidence les problèmes posés par l’hybridation à partir de litiges auxquels les cours et tribunaux ont déjà été confrontés. Ceux-ci étant souvent en première ligne lorsqu’une technologie inédite affecte l’une ou l’autre sphère d’activité humaine, il est alors possible d’observer comment le droit s’adapte au changement technologique. A partir de trois cas d’étude distincts, relevant du droit travail, du droit antidiscriminatoire et du droit du sport, nous montrons d’une part comment les juges résorbent les tensions résultant d’une pluralité des manières de saisir l’hybridation entre homme et artéfacts dans le chef des protagonistes du litige. D’autre part, ous mettons l’accent sur les dispositifs et moyens - qu’ils soient externes au droit (les axinomies, les mesures, les statistiques de la biomédecine) ou internes (les standards, les atégories, les critères) - qu’utilisent les protagonistes d’un litige, et en particulier le juge, orsqu’ils sont confrontés à l’irruption d’entités problématiques, comme l’est le corps hybride, ans des situations litigieuses. Cette approche pragmatique permet de faire apparaître la ingularité du travail réalisé par les juges pour concilier l’émancipation de la personne par la echnique et son intégration et sa participation à un ordre commun.