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Published: 10 March 2023

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1

Voiculescu, Aurora. "Prosecuting history : political justice in post-Communist Eastern Europe." Thesis, London School of Economics and Political Science (University of London), 1999. http://etheses.lse.ac.uk/1564/.

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Fifty years after the Nuremberg trials, Europe is challenged once again with a question: Who is responsible for state-sponsored violations of human rights. This time, those put on trial or ostracised from power are elements of the Communist structures of control. Some observers have criticised these measures of political justice, comparing them to a 'witch hunt,' and accusing the courts and legislature of often engendering an unjustifiable collective guilt. In contrast, others have claimed that not enough is being done; that the people of Eastern Europe "have asked for justice, and got the rule of law." In this thesis, the author proposes an assessment of the process of political justice taking place in post-Communist Eastern Europe. The approach taken is from the perspective of the role played in this process by the concept of collective responsibility of political organisations for violations of human rights. While concentrating on the way collective responsibility appears in the criminal law measures taken in Hungary, and in the administrative procedures of screening used in the Czech Republic, the thesis also aims to offer a comprehensive picture of the general debate on accountability for past human rights violations which takes place in post-Communist Eastern Europe. The thesis underlines the complexity of the political reality in which the expectations for accountability for state-sponsored violations of human rights are answered. It also emphasises the importance for this answer to acknowledge the nature of the Communist regime, and of its representative structure known under the name of Nomenklatura. Based on these elements, the author argues for the necessity of combining individual and collective responsibility for human rights violations. A reconstructed concept of collective agency and collective responsibility appears to be the solution to the inconsistencies otherwise manifested in a process of political justice. Such concepts, the author argues, should allow for the acknowledgement - through commissions of truth, as well as through prosecution and screening - of the role played by the Communist structure of power in the violations of human rights which took place under its regime.
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2

Eburne, Philip Henry. "Privatization, property rights and technical efficiency in Eastern Europe." Thesis, University of Leicester, 2000. http://hdl.handle.net/2381/30130.

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The enhancement of economic performance constitutes the main goal in the economic transformation process in Eastern Europe. This may be revealed by changes in the levels of efficiency achieved in the operation of privatized enterprises. In this thesis we provide an empirical analysis of technical efficiency in the former CSR, and in the Czech Republic, over the period 1960 to 1989 and 1990 to 1994 respectively. Empirical investigation into sector or firm level efficiency in the Czech Republic has been sparse following privatization. Thus, we sought to determine the extent of the success of privatization of former state-owned enterprises, as reflected by the extent to which technical efficiency (TE) has improved in the manufacturing sector following the implementation of mass privatization. Deterministic production functions (DFPF) and stochastic production functions (SFPF) were employed to estimate TE attained in selected sectors of the manufacturing sector of the Czech Republic. The SFPF model was also employed since it was anticipated that the use of dummy variables that were produced by the deterministic model would possibly capture macroeconomic events and other external factors that impacted on TE. Further, we recognized that the composed error term, in the possibly more sophisticated SFPF, would encapsulate the effect of random variables and other non-quantifiable factors that were excluded by the deterministic model. It is emphasized that despite the wide divergencies of techniques employed in both the DFPF and SFPF models, a similar pattern of increased TE is revealed in the manufacturing sector during the early transition period in the Czech Republic: this had remained a "pure" example of a former command economy until the demise of communism in November 1989. Although we recognize that extraneous factors also influenced TE, nevertheless, these results provide support to the view held widely by economists that a clear relationship exists between ownership, corporate governance, and enterprise efficiency.
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3

Bodin, de Galembert Noémie de. "European Community and human rights : the antitrust enforcement procedure facing article 6 of the European Convention on Human Rights." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78211.

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The Senator Lines' case, currently pending before the European Court for Human Rights, reveals a lack of procedural fairness of the European Antitrust enforcement under the terms of the European Convention for Human Rights. But in spite of a well-established concern for Fundamental Rights from the European Community, the later is still not bound by the Convention.
That is why it is critical that the EC accede to the Convention following the example of its branches. Meanwhile, it is necessary to determine whether the Member States could be held responsible for the Community's acts that violate the rights protected by the Convention. That is the question the Court will have to answer in the Senator Lines' case. Nevertheless, the Council Regulation which organises the antitrust enforcement procedure must be reformed in order to ensure an indispensable balance of power.
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4

Dmitrenko, Alexander. "Natural law or liberalism?, gay rights in the new Eastern Europe." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ63077.pdf.

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5

Stoklosa, Arkadiusz. "Human rights in Turkey." Licentiate thesis, Halmstad University, School of Social and Health Sciences (HOS), 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hh:diva-2281.

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This thesis is about Turkish accession to the European Union and criteria to be fulfilled in order to become a member state. At Helsinki summit there were defined four main areas, that are the main obstacles of Turkish membership in the structures of EU – military influence in domestic politics, economy disproportions, the issues of minorities living in Turkey and problems with obeying human rights and fundamental freedoms. In addition the attitude among European countries and Turkish political elites has changed dramatically since 1999. There is a great discussion, whose main purpose is, to show if Turkey should or shouldn’t become a part of united Europe. With the help of created conceptual framework, which is empirically based on qualitative methods and with theoretical approach in form of analysis considering human rights, I have developed a set of three hypotheses, that are based on primary and secondary sources like EU, Human Rights Watch, Amnesty International reports considering changes of Turkish attitude to the question of human rights. In the process of testing validity or invalidity of those hypotheses, I have tried to conclude, why the implication of reforms considering human is the main obstacle of Turkish membership in the EU.


The paper may be used free, but it is forbidden to copy or use directly any parts of it without earlier contact with author.
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6

O'Nions, Helen. "A case study on the protection of human rights : human rights and legal wrongs : the Roma in Europe." Thesis, University of Leicester, 1999. http://hdl.handle.net/2381/31098.

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This thesis critically examines the implementation of international human rights standards through a study of the situation of Europe's Roma majority. The foundations of the human rights standards as they apply to minorities are considered from a theoretical perspective to be deficient. The need to respect the collective aspects of identity as well as the individual dimensions has been recognised by many theorists but has not been translated into human rights norms. The consequences of the individualist emphasis are explored with respect to the rights of citizenship and education. The former suggests that a focus centred only on the individual can legitimise discriminatory treatment in the name of assimilation. When looking at the right to education it is apparent that the denial of minority culture and values in the education process has contributed to the lack of school achievement and educational disillusionment. Promising initiatives form the European Union place a greater emphasis on the need to support rather than diminish minority cultural values. An alternative approach stressing the importance of minority identity is considered by analysing the Hungarian system of minority self-government. The system, still in its infancy, recognises the collective interests of minority groups as well as the individual rights of group members. In conclusion it is argued that the present emphasis on the individual does little to protect the rights of members of marginalised minority groups. This realisation does not necessarily entail the prioritisation of collective over individual rights. Rather, it is argued that collective and individual rights be viewed as supplemental and inter-dependent.
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7

Sithole, Kundai Mudiva. "The council of Europe : Political legitimation and European human rights protection." Thesis, University of Reading, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.529992.

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8

Weiß, Norman. "„Democracy, Minorities and Human Rights Education in Europe, Workshop im Rahmen des von der Volkswagen Stiftung geförderten Forschungsprojekts „Teaching Human Rights in Europe" <2004, Berlin> / [Tagungsbericht]." Universität Potsdam, 2004. http://opus.kobv.de/ubp/volltexte/2011/5587/.

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Tagungsbericht: Weiß, Norman: „Democracy, Minorities and Human Rights Education in Europe" <2004, Berlin> / Workshop im Rahmen des von der Volkswagen Stiftung geförderten Forschungsprojekts „Teaching Human Rights in Europe" am 5. und 6. März 2004.
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9

Dasanayake, Upulee. "NGOs and the globalization of universal human rights a "Do No Harm" approach to human rights advocacy /." Fairfax, VA : George Mason University, 2008. http://hdl.handle.net/1920/3424.

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Thesis (M.S.)--George Mason University, 2008.
Vita: p. 113. Thesis director: Mark Goodale. Submitted in partial fulfillment of the requirements for the degree of Master of Science in Conflict Analysis and Resolution. Title from PDF t.p. (viewed Mar. 9, 2009). Includes bibliographical references (p. 107-112). Also issued in print.
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10

Milli, Ece. "Assessing The Human Rights Regime Of The Council Of Europe In Terms Of Economic And Social Rights." Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12615020/index.pdf.

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This thesis seeks to answer the question whether economic and social rights have the same status with civil and political rights under the human rights regime of the Council of Europe. To this end, the thesis examines the assumptions with regard to the nature of economic and social rights, on the one hand, and civil and political rights, on the other. Second, it seeks to find out whether the nature of economic and social rights is different from that of civil and political rights. Third, it examines how the protection of and approach to the two sets of rights developed in the Council of Europe. Finally, it assesses the contemporary protection of economic and social rights in the Council of Europe in comparison to protection of civil and political rights.
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11

Nayak, Ranjit. "The Kisan world and human rights : a displaced people of Eastern India." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.624518.

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12

Driver, Sahar DeAnne. "Decolonizing human rights| The challenges of ensuring the dignity and freedom of Iranians through a human rights framework." Thesis, California Institute of Integral Studies, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3643099.

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The human rights industry today generates and organizes knowledge about the Islamic Republic of Iran and Iranians. The cultural archive it produces has been used to advance the global North's geopolitical interests and the accumulation of capital and power that leads to human rights abuses in the first place. Use of the human rights framework as a political strategy among Iranian–Americans and other allies acting from across geographic, political, economic, religious and other boundaries is therefore risky. The dangers it introduces should be examined alongside its tactical uses.

This dissertation presents a close analysis of certain observables that make visible "human rights" discourse or activity related to the Islamic Republic of Iran today. It presents an examination of a series of texts that give "human rights" its shape: from academic and journalistic accounts to online data aggregators, film, social media, and related policies. It traces its use by competing actors: from activists and politicians to business leaders and academics. In so doing, the dissertation reveals important political, emotional, intellectual, and socio-economic contestations that arise through use of the human rights framework.

The dissertation sheds light on the motivations and methods of entities that take up the human rights framework as a political strategy. It narrates the relations between observables, revealing the architecture of a human rights "industry" that consumes and produces knowledge about Iranians and the Islamic Republic of Iran. In so doing, this dissertation reveals the vulnerability of the human rights discourse and activities to other projects and finds that the human rights industry motors a form of (neo)Orientalism that should be interrupted if the network of actors around the world that are set up to address violations of "human rights" are to be effective at helping to maintain or uphold the dignity and freedom of Iranians in a sustainable way.

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13

Tolliner, Lina. "The right to life in Europe : Its beginning and end." Thesis, Örebro University, School of Law, Psychology and Social Work, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-10917.

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The European Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) was adopted in 1950. One of the most important rights established therein is the right to life, which can be found in article 2.

The purpose of this thesis is to examine how far the scope of this right reaches concerning the beginning and the end of life. This is mainly done by examining the case-law of the European Court of Human Rights (“the Court”) which is set to monitor the observance of the rights. To make this thesis manageable, the three areas of abortion, euthanasia and the death penalty have been chosen as the starting-point of the examination.

The position of the three areas among the member states varies. Abortion and euthanasia have been regarded by the Court as sensitive areas in which the states have a wide margin of appreciation to decide on their own. This is much due to the lack of consensus within the states as to how they should be regulated.

Whether the unborn foetus is protected by the Convention and in such case to what extent is still in dispute. This is also the case concerning when life begins. The Court has stated that any right the foetus may possess is limited by the rights of the mother. They have also said that they do not want to impose a certain view on the member states.

The Commission has stated that if the foetus would have an absolute right to life under the Convention, then it would lead to serious implications for the mother, as she would not be able to have an abortion in any circumstance. Also, in Vo v. France one of the dissenting judges stated that the foetus’ right to life have to be narrower in scope than the right of the born.

In the case Pretty v. the United Kingdom the Court unanimously ruled that article 2 does not include a right to die. However some member states, like the Netherlands, have made euthanasia legal without being found to violate its obligations under the Convention. Consequently, it does not seem to be against the Convention for states to make their own legislation allowing for euthanasia to be practiced.

One important aspect to this debate is whether one considers life to be inalienable or not. The Parliamentary Assembly of the Council of Europe has said that even though the rights of the terminally ill should be respected, it does not mean that one has the right to die at the hands of someone else. The Court has also said that in this area, it is important to protect those vulnerable from being used, and therefore states have the right to legislate against euthanasia.

The situation is different when it comes to the death penalty. Two additional protocols have been adopted restricting or completely abolishing the penalty since the adoption of the Convention. In 1950 there was no possibility to exclude the right to use the death penalty from the Convention since many European states still retained it in their domestic laws. However, the development since has moved towards a complete abolition. This is for instance evident since aspiring members of the Council of Europe have to be willing to abolish the penalty to be accepted.

The Court has dealt with the death penalty in several cases. In Soering v. the United Kingdom they said that extraditing someone to a state where he or she risks being executed not automatically means a violation of the right to life or the prohibition of torture. In Öcalan v. Turkey they established that the imposition of the death penalty after an unfair trial was a violation of article 3. Also, they considered the death penalty to now be regarded as an unacceptable punishment in peace time. Abolition of the death penalty is something the Council of Europe has worked for in decades to realise.

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14

Polakiewicz, Jörg. "Corporate Responsibility to Respect Human Rights : Challenges and Opportunities for Europe and Japan." 名古屋大学法政国際教育協力研究センター(CALE), 2012. http://hdl.handle.net/2237/20105.

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15

Yon, William Thompson. "Overlapping human rights jurisdictions in Europe: an application of constructivism to regional studies." Oberlin College Honors Theses / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1285871087.

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16

Malloy, Tove. "The 'politics of accommodation' in the Council of Europe after 1989 : national minorities and democratization." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369369.

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17

Lamarche, Lucie. "L'actualisation des engagements des pays occidentaux à l'égard du droit international des droits économiques de la personne." Doctoral thesis, Universite Libre de Bruxelles, 1994. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212652.

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18

Frumer, Philippe. "La renonciation aux droits et libertés dans le système de la convention européenne des droits de l'homme." Doctoral thesis, Universite Libre de Bruxelles, 1999. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211909.

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19

Ngwira, Callings Major. "Human trafficking in Eastern Cape Province, South Africa." Thesis, University of Fort Hare, 2011. http://hdl.handle.net/10353/364.

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Human trafficking has been reported to be on the increase in the Eastern Cape Province of South Africa with girls as young as ten years old being trafficked from and within the Province for sexual and labour purposes, and marriage. Human traffickers operate in rural areas, small towns and cities such as Port Elizabeth and East London. However, research on the role of the law enforcement authorities and the civil society organisations in the fight against trafficking in Eastern Cape Province is largely unknown. Situated within the Security Governance Theory, and using the intensive research design, this research reports on the role of the law enforcement authorities and the civil society organisations in the fight against human trafficking in Eastern Cape Province with emphasis on rural-urban differentiation. The challenges which law enforcement authorities and the civil society organisations faced are also discussed. The study, among other things, found that both the law enforcement sector and civil society organisations in the Province ensured that security, criminal justice, physical, emotional, psychological, health and spiritual needs of rescued victims of trafficking were met. The study further established that there was little progress in the fight against human trafficking, more especially in the rural areas of the Province, due to inadequate cooperation among anti-trafficking organisations and the lack of resources.
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20

VERSTICHEL, Annelies. "Representation and identity : the right of persons belonging to minorities to effective participation in public affairs : content, justification and limits." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13178.

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Defence date: 13 December 2007
Examining Board: Prof. Bruno De Witte (EUI); Prof. Paul Lemmens, (Katholieke Universiteit Leuven); Prof. John Packer, (University of Essex); Prof. Wojciech Sadurski, (EUI)
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2008.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This doctoral thesis aims at investigating this new international right of persons belonging to minorities to effective participation in public affairs. What is its content? What is its justification and what is it aiming at? Are there any limits to its implementation and what kind of problematic issues are involved? The example of Bosnia and Herzegovina as described above illustrates that organising representation along ethnic lines raises challenging questions. These will be explored in this PhD.Our investigation of the right of minorities to effective participation in public affairs will run through five chapters: Chapter 1 will outline the theoretical framework; Chapter 2 will examine the political rights in the general human rights instruments; Chapter 3 will study the provision on effective participation in public affairs in the three key minority rights instruments of the 1990’s; Chapter 4 will look at the range of possible domestic mechanisms implementing the right of minorities to effective participation in public affairs through a comparative national law approach; and Chapter 5 will illustrate Chapter 4 by zooming in on three case studies, namely Belgium, Italy and Hungary.
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21

Costello, Cathryn. "Destination Europe : human rights & admissions to the EU's area of freedom, security and justice." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543697.

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22

Balducci, Giuseppe. "The EU's promotion of human rights in China : a consistent and coordinated constructive engagement?" Thesis, University of Warwick, 2010. http://wrap.warwick.ac.uk/3895/.

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This thesis investigates whether the European Union and its member states have been able to balance normative priorities – specifically the promotion of human rights – and material priorities – specifically economic interests – within the strategy of constructive engagement towards China embraced since 1995. In order to respond to this central question this thesis originally elaborates a liberal intergovernmental approach for the study of the promotion of human rights within the EU’s system of multilevel governance in external relations. Such an approach is applied to analyse the issues of consistency and coordination in the policies for the promotion of human rights in China elaborated by the European Community and three selected member states, namely Germany, France and the UK. The choice of the country cases serves theoretical and analytical purposes. At a theoretical level it allows consideration as to whether the EU’s overall policies were mainly influenced by the interests and policy preferences of the three selected member states, which had the most bargaining power and the highest stakes in China, as expected by liberal intergovernmentalism. At an analytical level, the choice of the country cases allows for consideration of whether the EC’s policies for the promotion of human rights in China were coordinated with those of the three selected member states, which had the most conspicuous development assistance policies towards China and whose approaches to human rights in the country were broadly representative of the other member states. This supports the assessment of the achievement, or otherwise, of a significant EU promotion of human rights through development assistance in China. From the study it emerges that the EC and its three selected member states have been unable to devise consistent and coordinated policies for the promotion of human rights in China. On the one hand these findings suggest that the EU and its member states have been unable to balance normative and material priorities in their relations with China. On the other hand this thesis illustrates that this was due to the influence of the material interests and policy preferences of Germany, France and the UK, thus supporting the expectations of liberal intergovernmentalism. These findings form an original contribution to the study of the EU’s promotion of norms because they suggest that the EU can promote human rights, as well as other norms, in a consistent, coordinated and ultimately strategic way, only if the member states with the most bargaining power and the highest stakes in a specific policy issue privilege normative interests over material ones. At the same time this thesis offers an original contribution to EU-China studies on human rights, as it suggests that due to the present interests of the most influential member states, the EU’s promotion of human rights should be reframed to address what Chinese authorities are willing to accommodate in the human rights field, namely give preference to the support of socio-economic rights, where a consensus among the EU’s member states can more easily be built.
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23

Holtz, Catarina. "Due process for industrial property : European patenting under human rights control." Doctoral thesis, Handelshögskolan i Stockholm, Rättsvetenskap (RV), 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:hhs:diva-1417.

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24

Perkowski, Nina. "Humanitarianism, human rights, and security in EUropean border governance : the case of Frontex." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/23494.

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This thesis explores the (re-)positioning of the EU border agency Frontex within a wider shift towards humanitarianism and human rights in EUropean border governance. By examining Frontex’s public self-representation through time, it shows that the agency has gradually appropriated humanitarianism and human rights, while at the same time continuing to rely on a conceptualisation of migration as a security issue. The thesis traces this development, outlining how the agency has increasingly mobilised all three discursive formations in its public narratives about itself, border controls, and unauthorised migration to EUrope. Seeking to move beyond analysing Frontex through its public documents and statements only, the thesis complements this analysis with insights gained through interviews and informal conversations with Frontex staff and guest officers, as well as participant observations at Frontex events and in joint operations between May 2013 and September 2014. Exploring the perceptions of those working for and with Frontex, it complicates common portrayals of Frontex as a unitary, rational actor in EUropean border governance. Instead, it argues that Frontex is better understood as a highly fragmented organisation situated in an ambiguous environment and faced with inconsistent and contradictory demands. Situated at the intersection of critical security studies and critical migration and border studies, this thesis seeks to make three contributions to these literatures: first, it argues that critical security studies would benefit from a cross-fertilisation with insights gained in new institutionalism, which add organisational dynamics as an additional layer of analysis to developments in broader security fields. Second, it provides insights into the relationships between the discursive formations of security, humanitarianism, and human rights in contemporary border governance. The thesis argues that the three formations, at times seen as opposed to one another, share a number of important commonalities that create the conditions of possibility for the appropriation of humanitarianism and human rights by security actors such as Frontex, and for the emergence of new coalitions of actors in the EUropean border regime; as security, humanitarian, and human rights actors share the goal of rendering EUropean border controls less (visibly) violent. Third, the thesis provides rare empirical insights into the security actor Frontex, which has remained relatively opaque and elusive despite attracting much interest within academic and activist communities alike.
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Yorke, Jon. "The Council of Europe and the death penalty : the relationship of state sovereignty and human rights." Thesis, University of Warwick, 2008. http://wrap.warwick.ac.uk/4106/.

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This study investigates the processes of the removal of the death penalty within the Council of Europe and its Member States. An evaluation is conducted of the relationship of sovereignty and the death penalty in this region, and the significance of the Council's attempts to penetrate this relationship is analysed. The foremost motivation of this study is to understand how solid the removal of the death penalty is, and to reveal what can be learned from the legislative activity of the Member States and the various Parliamentary Assembly and Committee of Ministers' enactments, and the case-law of the European Commission of Human Rights and the European Court of Human Rights. It is my hope that this study will help ensure that the death penalty remains removed from this European region.
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Karvounakis, Theodosios. "Fair criminal evidence in Europe : from the European Convention on Human Rights to EU criminal law." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/3370.

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The goal of the thesis is to explore how a concept of fair criminal evidence in Europe can be utilised by the EU in its further steps of integration in the area of European Criminal Law. The answer to this question presupposes that there is indeed such a concept and the exploration can be further split in two questions. Which are the characteristics of a concept on evidential fairness in Europe? Which are the applications of this concept in EU Criminal Law? As far as the characteristics of such a concept are concerned, it is argued that fairness in evidential matters in a European level comes into existence in the realm of the Council of Europe. Article 6 of the European Convention on Human Rights is presented as evidence-­‐relevant, while the context of Strasbourg’s case law is proposed as the right platform for finding the material needed for the distillation of the principles of evidential fairness. In relation to the second question, the interest moves into the European Union and the evidential matters in the context of judicial cooperation in criminal matters. More specifically, it is discussed how the findings about a fair criminal evidence concept apply to the judicial cooperation in criminal evidence in EU level. By the term ‘applying’ it is meant the testing of two different conditions; firstly, if the principles adopted are already followed in practice, and to what extent, and secondly, how they can improve and adjust the existing system. In this process the key role of mutual recognition’s character is demonstrated and particular amendments to existing and future legislative instruments such as the European Evidence Warrant and the European Investigation Order are proposed.
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Tondl, Gabriele, and Goran Vuksic. "What makes regions in Eastern Europe catching up? The role of foreign investment, human resources and geography." Forschungsinstitut für Europafragen, WU Vienna University of Economics and Business, 2003. http://epub.wu.ac.at/274/1/document.pdf.

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In this paper we analyse regional growth in Central and Eastern Europe in the second half of the 1990s, a period in which pronounced disparities between a group of catching-up regions and another group of falling back regions appeared. We aim to identify the factors behind a dynamic growth performance and the weaknesses leading to poor growth and thus investigate the role of (foreign) investment, education and innovation as well as geographical factors in a model of economic growth. The key relationships proposed by this model are then estimated with empirical data for the period 1995-2000 using spatial econometric tools. We find that foreign direct investment was paramount for regional growth in that period. EU border regions and capital areas clearly outperformed others. Further, regional growth clusters have appeared. Surprisingly, the high level of secondary education in Eastern European regions played no role with growth. Higher education, in contrast served to facilitate technology transfer. (author's abstract)
Series: EI Working Papers / Europainstitut
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28

Kuzmarov, Betina. "Constructing a basis of corporate liability for massive violations of human rights : using the common core of European private law." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78218.

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In a three point argument, it is asserted that general principles of law can be used to establish liability of corporations for massive violations of human rights. First, there is a lacuna in the law in this subject. Second, the constructivist approach to international relations contends that international norms are obeyed when they are internalized, so, conversely, the assertion is made that domestic law could be used to identify international norms, expanding the usefulness of general principles of law. Thirdly, general principles of law can be identified by comparative law methodology, so using one comparative method, The Common Core of European Private Law, should uncover principles of corporate liability. Lastly, an adaptation of this methodology is then applied to four countries.
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Topidi, K. "Legal aspects of minority rights protection in the European Union within the perspective of enlargement to central and Eastern Europe." Thesis, Queen's University Belfast, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.517523.

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Spayile, S. "Human rights in South African correctional centres: a case study of two correctional centres in the urban and rural areas of the Eastern Cape Province." Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/105.

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This research project focuses on human rights violation in South African correctional centres. The method of research comprises interviews conducted with correctional officials and inmates. It is a case study of one correctional centre in urban and in rural area of the Eastern Cape Province. The researcher hopes that this study will be a basis for further research into the violation of human rights in South African prisons. The findings of the research indicated that the main causes of human rights violation in South African prisons are overcrowding; gangsterism; and non adherence to Departmental policies by correctional officials. Recommendations have been made that: (i) Provision of adequate prison accommodation; (ii) Upgrading training and staff development.
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Bockel, Felix Matthes. "Securitization of Migration in Europe : Pushback practices and the Role of the European Court of Human Rights." Thesis, Umeå universitet, Statsvetenskapliga institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-187361.

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An embedded case study investigating the ongoing securitization of migration in the EU from 2014-2020 and the role of legal institutions, in this case the European Court of Human Rights (ECtHR) in these processes. Securitization Theory is used in combination with Critical Legal Theory to create a framework that attempts to both illuminate the role of the functional actor in Securitization Theory further, and the impact securitization has on legal institutions. It provides explanations for sudden shifts in legal argumentation, especially in cases of high political relevance with the use of Critical Legal Theory. The case of N.D. & N.T. vs. Spain serves as an example of a functional actor providing two contrasting judgments on the same events within a short period of time and opens up discussions about political influences on legal institutions. Securitization and the framing of refugees as existential threats to European identity and culture is one of the many ongoing political processes related to the issue of migration and refuge in Europe. As the political landscape shifts and right-wing populist parties establish themselves in European Member States, illegal pushbacks have become common practice at the outer borders of the EU and are challenged both politically and legally. This study investigated cases of illegal pushbacks to renew criticism against the institutions engaging in and enabling the practice.
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Armendariz, Veronica S. "Paradox Lost: Explaining Cross-National Variation in Case Volume at the European Court of Human Rights." Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/political_science_theses/41.

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Existing research on states and human rights focuses primarily on international treaty ratification, post-treaty rating systems, and ad hoc reports on adherence in individual countries. Additionally, the literature is characterized by disproportionate attention to certain rights to the neglect of others, thereby painting an incomplete and potentially inaccurate picture of a state’s practice and implementation of human rights. Consequently, the extant literature too frequently disregards key domestic and international factors as determinants of cross-national variation in the implementation and protection of human rights, and it instead generates paradoxical claims about human rights and state behavior. With Europe as its empirical focus, this study tests one assertion that state strength relative to societal actors impacts the frequency of cases heard at the European Court of Human Rights. Findings suggest that state strength indeed plays a role in the overall number of cases from member states in the European human rights system.
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Ergec, Rusen. "Les droits de l'homme à l'épreuve des circonstances exceptionnelles: étude sur l'article 15 de la Convention européenne des droits de l'homme." Doctoral thesis, Universite Libre de Bruxelles, 1986. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213531.

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Rachovitsa, Adamantia. "'Fragmentation or unity of public international law' revisited : analysing the European Convention on Human Rights when the European Court takes cognisance of public international law norms." Thesis, University of Nottingham, 2013. http://eprints.nottingham.ac.uk/13023/.

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This thesis addresses the legal challenges arising in the context of the ‘fragmentation or unity of public international law’. The question of the so-called fragmentation of public international law mainly refers to the phenomenon of diversification and expansion of public international law. In recent years, the proliferation of international bodies entrusted with the task of monitoring States’ compliance with their international obligations has increased the possibility of conflicting interpretations of similar or identical rules of international law. In this context, it is claimed that international courts with limited ratione materiae and personae jurisdiction fragment international law and threaten its unity. This thesis examines the question of the fragmentation of public international law from the perspective of the European Court of Human Rights (ECtHR). In the view of the present author, the European Court has developed the autonomous interpretative principle of taking cognisance of public international law norms when interpreting the European Convention on Human Rights (ECHR). The ECtHR employs this interpretative principle in a fashion that is distinct from other seminal interpretative principles, namely the so-called comparative interpretation, the dynamic interpretation and the principle of effectiveness. Furthermore, this thesis provides in depth analysis of the ECtHR’s legal reasoning. It reaches conclusions on the type of public international law norms that the ECtHR takes into account and the conditions a norm must satisfy to qualify as ‘relevant’ and ‘applicable in the relations between the parties’. This thesis also provides an overall assessment of the different uses of public international law norms in the ECtHR’s reasoning, when expanding or restricting the scope of the rights and freedoms of the ECHR. It stresses the importance of the ECtHR’s practice of relying upon public international law norms in order to (re-)interpret the ECHR and overrule its previous case-law. Finally, this thesis explores the boundaries that should be set to restrict the impact of other relevant public international law norms on the construction of the ECHR. The study concludes that, in principle, the ECtHR does not threaten the unity of international law, but reads the ECHR harmoniously to public international law. The findings of this thesis also furnish evidence that the ECtHR has competence to pronounce on questions relating to international law and that, on certain occasions, it develops and enriches the scope and content of international law.
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Jones, Benjamin Nicholas Farror. "British politics and the post-war development of human rights." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:e680adc1-a3e9-4c7a-be6d-0f3b374fb209.

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In this thesis I explore the attitudes, arguments, and actions of British political elites in connection with the development of human rights law in Europe and the UK. I do this by examining British input into five key episodes for the development of European supranational rights and their incorporation into domestic legal orders (namely the drafting of the European Convention on Human Rights 1950, the drafting of the European Social Charter 1961, the acceptance of individual petition in 1966, the failed 1970s Bill of Rights debate, the passing of the Human Rights Act 1998, and recent developments such as the UK ‘opt-out’ to the EU Charter of Fundamental Rights, and the emergence of a new ‘British Bill of Rights’ debate). Casting light on British involvement in less examined periods in European rights development, I challenge existing, isolated, explanations for the more focal episodes (such as Simpson’s rational-choice post-colonial thesis for individual petition acceptance, and ideological accounts for New Labour’s post-1997 constitutional reform). Responding to the most recent literature in the area, central to my analysis is the question of how rights progress relates to inter-party conflict. By considering continuities and discontinuities in elite political discussion of rights I argue that while conflict is a significant underlying feature of every major episode of rights progress during the last sixty years, and is less evident in less progressive periods, other factors have had a greater influence over the form, timing, and extent of rights progress. Most significant amongst these is the constitutional ideological development of the Labour party and the critical connection between Labour’s elevation of the Convention within the UK constitutional space and revisionist shifts in party thinking.
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Guglielmi, Marco. "Religion, Diaspora, and Human Rights: A Case Study on the Romanian Orthodox Church in Italy." Doctoral thesis, Università degli studi di Padova, 2019. http://hdl.handle.net/11577/3422209.

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This thesis deals with the Orthodox Christian diasporas in Italy viewed as a ‘Western Orthodox laboratory’. In this scenario, it is possible to identify some patterns of the settlement of Orthodox Christianity in Western Europe and some responses of this religious group to certain phenomena of modernity. This sociological research focuses on the Romanian Orthodox Church in Italy, and investigates the socio-cultural trajectories of this diaspora religion marked by an important migratory phenomenon. As will be noted in the study, the Romanian diaspora in Italy is the largest Romanian diaspora in the world, and this makes the Italian peninsula a ‘special’ host country for Romanian Orthodox faithful. This great migration phenomenon is favoured for linguistic and cultural reasons, and also for religious aspects concerning specific features of Romanian Orthodoxy and some stances of Italian Catholicism. Orthodox Christianity has maintained a controversial relationship with modernity, and maintains a pre-modern approach towards some contemporary issues. Human rights are a ‘product’ of modernity, with which Eastern Orthodoxy has in fact a controversial relationship. Therefore, their acceptance or non-acceptance on the part of this religious tradition becomes a privileged perspective allowing for an examination of the extent of its hybridization processes within the socio-cultural context of a host country. The Romanian Orthodox diaspora is faced with the reality of a Western country, and in dealing with and interacting with certain structural elements of modernity, which, as will be seen in the thesis, involve the paths and modalities whereby the Romanian Orthodox Diocese in Italy contends with the new environment. As outlined above, this research mainly emphasizes two points, which are crucial to consider interrelated or in continuity to the same issue of the relationship existing between religion and modernity. The first one concerns the establishment of the Orthodox Christian diasporas in Italy, with respect to which it investigates patterns of socio-cultural and religious changes in the host context. It focuses on the path of the settlement of the Romanian Orthodox Church in Italian society and its interaction with the Catholic Church. The study concentrates on both the religious and social activities of this church in diaspora, and considers the processes of hybridization within its establishment in Italy. It investigates the religious changes favoured by the diaspora’s condition and by the impact of the host country, addressing some forms of aggiornamento of the Orthodox tradition. In the second point, this research draws attention to the relationship between the Romanian Orthodox Church and some human rights issues. After the development of a theoretical and theological framework on the relationship between Eastern Orthodoxy and human rights, it examines the case of a Romanian Orthodox parish in the Veneto region. It investigates the positions of Romanian Orthodox women on some gender issues and on women’s empowerment in the family and in society. It focuses also on the positions and attitudes of these Orthodox female faithful towards human rights, especially with respect to such categories as the rights to life and religious pluralism. This thesis attempts to challenge the situation of the Romanian Orthodoxy in Italy as a transnational religion. Following the findings about this diaspora religion’s settlement and hybridization, it hypothesizes that in the new lifestyle and immigrant status of the Orthodox women some adaptations have occurred; and they may have modified their position towards certain human rights issues.
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Rubasha, Herbert. "Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system?" Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1228.

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"The purpose of this study is to interrogate the doctrine of margin of appreciation as applied in the European Court of Human Rights and establish amenable lessos to the African human rights system. As such, the author will be able to draw appropriate and informed recommendations on the prospects of the doctrine in African context. In other words, the study proceeds from the approach that 'diversity' alone is not enough to guarantee application of margin of appreciation. Rather, a variety of factors come into consideration while weighing whether margin of appreciation should be granted to states. Indeed, such benchmarks will inform the discourse of this study, while at the same time acknowledging that a comparative study between European and African systems cannot be possible. The premise for disqualifying a comparison assumes that margin of appreciation presupposes a democratic society. Thus, while the member states of the ECHR have attained high levels of human rights records, some of their counterparts in Africa are still marred by embarrassing human rights records." -- Preamble. "Chapter one introduces the study and the context in which it is set. It highlights the basis and structure of the study. Chapter two makes reference to the connotation, origin and development of the doctrine of margin of appreciation. It discusses also contours and varying degrees of the doctrine's application with particular regard to respect of the rule of law. In addition, difficulties linked to the doctrine are highlighted. Chapter three highlights policy grounds underlying margin of appreciation in the European Court of Human Rights. It starts from most decisive policy grounds and moves to weaker ones. Chapter four examines the legal basis for application of the doctrine of margin of appreciation under the African Charter. It further notes the attitude of African states through their submissions claiming margin. The Prince case as the first of its kind to invoke margin of appreciation is discussed. Chapter five attempts to identify the defensibility and indefensibility of the doctrine in [the] African human rights system. Chapter six consists of a summary of the presentation and the conclusions drawn from the entire study." -- Introduction.
Prepared under the supervision of Prof. Gilles Cistac at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Monaghan, Shannon Faye. "Relighting the Lamps: Population Politics and the Development of Democracy in the New Europe, 1918-1926." Thesis, Boston College, 2016. http://hdl.handle.net/2345/bc-ir:106878.

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Thesis advisor: James Cronin
Thesis advisor: Devin O. Pendas
All efforts after the First World War to found — or reform — government on a democratic basis embraced the abstract concept that democratic legitimacy derived from the consent of the people. In this new age of national self-determination, however, the practical predicament became defining who constituted “the people” and how minorities would be managed. While historians have analyzed this issue in the “new” states of central and eastern Europe, this dissertation argues that it also plagued the supposedly more mature democracies of the Western European victors — Britain, France, and Italy. An analysis of the domestic population policies of those victors demonstrates that a new conception of democracy — based on both liberalism and nationalism — led them to pursue illiberal policies of population engineering with, paradoxically, the best of intentions: the preservation and stability of democracy itself. In an era in which people were becoming more involved in choosing their governments, governments were becoming more involved in choosing their people. While the victors sought to craft a more ethical — or at least more legalistic — form of population engineering than the often violent and ad hoc versions employed further east, the result nevertheless remained at odds with the ethical foundations of liberal democracy
Thesis (PhD) — Boston College, 2016
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: History
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Schelb, Simone-Ariane. "The Syrian Refugee Crisis and the European Union: A Case Study of Germany and Hungary." FIU Digital Commons, 2017. https://digitalcommons.fiu.edu/etd/3543.

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This thesis explores the impact of the Syrian refugee crisis on the Common European Asylum System. It evaluates the extent to which the European Union was able to implement a common asylum system, identifies discrepancies between different European countries, primarily Germany and Hungary, and briefly examines the roots of these differences. To this end, the structure of the international refugee protection regime and the German and Hungarian asylum systems are analyzed. Furthermore, the thesis explores how the governments of the two countries perceive the rights of refugees and how their views have affected their handling of the crisis. The case studies of Germany and Hungary have revealed that the treatment of Syrian refugees varies enormously within the EU. Hence, the implementation of the Common European Asylum System has not been achieved, which can be attributed to the deficiencies within the system and the growing ideological rifts within the EU.
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Garstka, Krzysztof. "S(h)ifting the cyberspace : searching for effectiveness and human rights balance in the realm of online enforcement schemes aimed at digital content infringing copyright, trademarks, privacy or reputation." Thesis, University of Nottingham, 2016. http://eprints.nottingham.ac.uk/37622/.

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With the development of cyberspace, mankind’s ability to exchange tremendous amounts of information reached astonishing and praise-worthy levels. Unfortunately, such information also includes digital content infringing a variety of legitimate interests, such as copyright, trademarks, privacy, and reputation. Despite the increased regulatory activity of governments from all over the world, aimed at developing adequate legal frameworks governing the removal of access to such content, there are still significant concerns over the performance of this particular branch of online enforcement policy; concerns such as lack of effectiveness, or the impact of the endorsed solutions on the human rights framework. The following thesis is aimed at responding to those concerns, from the perspective of the European Union’s law. The work’s overarching aim is to devise the most adequate, pan-European legal framework governing the removal of access to online content which infringes copyright, trademarks, privacy or is defamatory in nature. While those four content types differ from one another, this project delivers additional value by discovering such differences (as well as similarities) in the enforcement context, and taking them into account in its analysis and recommendations. The path towards attaining the thesis’ research objective is drawn through the following five chapters. The first chapter begins by gathering and organising the legal provisions which, if broken, can mark a piece of digital content as one infringing copyright, trademarks, privacy or reputation. The said provisions are then applied to a wide array of factual scenarios in which the described types of infringing content appear in cyberspace. It should be noted that the thesis draws in this context primarily on the EU law; where this is not possible, the UK law is relied on. This is justifiable by the project’s focus on the enforcement schemes, not on the definitions of infringing content. The second chapter lays out the vast landscape of enforcement schemes endorsed within the EU for the purpose of removing access to the four chosen types of infringing content, both directly and indirectly. Such schemes are divided on those focused on the infringers themselves, and those focused on the intermediaries whose services are used for facilitating the transfer of infringing content. The chapter can be seen as laying out all the tools from the (regulatory) toolbox before deciding which ones to use - or alterate - for the task at hand. The third chapter is the first of the two key, critically analytical chapters; it seeks to uncover and analyse the main challenges tied to the enforcement schemes’ effectiveness. To this end, it begins by analysing three primary concerns of this kind; the renewal of access to infringing content (on a single platform), movements towards the alternative sources of infringing content, and circumvention of the enforcement schemes’ technological aspects. This is followed by the analysis of the deeper effectiveness-related concerns (which often underlie the primary ones). They include the lack of deterrence, the notion of diminishing returns and the issue of social acceptance of infringing activities. The fourth chapter explores the human rights implications of the enforcement schemes, with attention given to the balance struck within the EU law between the human rights protected by the said schemes, and those impaired by them. This is attained through two subchapters; the first one introduces the human rights involved and defines their scope, while the second discusses the enforcement schemes’ impact on the three most affected human rights – the right to privacy, the freedom of expression and the freedom to conduct a business. The conclusive, fifth chapter builds on its predecessors and proposes a fundamental upheaval of the approach to intermediary liability within the EU law, an upheaval aimed at responding to the concerns identified in chapters three and four and improving the degree of legal certainty within this branch of online enforcement. The chapter contains a corresponding proposal for a major reform of the EU legal framework.
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Buonamano, Roberto Law Faculty of Law UNSW. "A genealogy of subjective rights." Awarded by:University of New South Wales. School of Law, 2006. http://handle.unsw.edu.au/1959.4/31948.

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This dissertation is an historical and philosophical study on the development of a subjective concept of individual rights. It takes the form of a history of ideas informed by genealogical methods of inquiry. Rather than seeking an origin for and underlying truth to human rights, it treats human rights as a product of various historical developments which are capable of being investigated in terms of their contingency as well as their continuous traditions. The thesis begins with an analysis of political theory in ancient Greek thought, primarily as a means of suggesting possible alternative political philosophies to the rights-based approach dominant in modern Western societies. The thesis then considers the theologicalpolitical discourse on sovereignty in the early Middle Ages, revolving around the doctrine of divine right and influenced by the function of the Christian Church in defining the nature of government. This is followed by an examination of the emergence of hierarchical, feudal relations and the formulation of feudal rights as based on proprietary notions and coinciding with individual liberties. In the following chapter there is a discussion of the juridical construction of sovereign power that emerged from the reception of Roman law and the development of canon law, the influence of legal textuality on the granting of rights and liberties, and the emergence of a discourse on public right as a way of defining the relationship between the prince and his subjects and thus delimiting sovereign authority. Finally, the thesis considers the legacy of the theory of natural rights and its relationship to forms of liberty, with an analysis of: firstly, the idea of natural rights that developed through canon law and the discussions surrounding the Franciscan poverty disputes; secondly, the role of property rights in the formulation of the rights of liberty; thirdly, the Christian understanding of liberty as a subjective attribute or power through the theo-ontological theory of human nature as represented by the free will; and fourthly, the transformation in Renaissance and early modern legal and political theory of the concept of liberty into a political doctrine about individual autonomy and inherent freedom. The purpose of the dissertation is to describe the multiple and complex historical processes from which the idea of subjective rights has emerged, as a means of understanding how human rights have come to play a seemingly essential role in modern legal and political discourses and practices.
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Musielak, Aleksandra. "The European Union accession to the European Convention on Human Rights as a plausible means to enhance the legitimacy of the EU." Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/51644/.

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The aim of this thesis is to demonstrate that the EU accession to the European Convention on Human Rights is a promising way to improve the legitimacy of the supranational regime, provided that accession is organised in a well-considered and effective manner. My work tries to find, at least partial, resolution to the problem of the erosion of the EU authority, and is based on the underlying presumption that human rights substantially contribute to the successful functioning of the European polity. Understanding of the human rights environment in the EU is therefore crucial to find remedies to the lack of credibility in its exercise of power. For this reason the EU Human Rights Policy, in its internal realm, in particular the normative-judicial, monitoring, enforcement, and promotion components of the Policy, are examined in great detail. The identified flaws and insufficiencies, regarding both the design and implementation of the Policy in question, lend weight to the view that only a serious, comprehensive, and feasible plan for the reform of the Policy on human rights can provide an answer to the legitimacy problem at the supranational level of governance. But how is this objective best achieved? In this context, the proposal for the EU accession to the ECHR should be understood as a plausible means to rectify the shortcomings of the EU Human Rights Policy, and thus improve its image of the Union as a credible and powerful actor in European affairs. The proposal put forward in this work outlines principles which should govern the human rights reform of the EU and how they should be translated into practical terms. My research is therefore an invitation to a discussion about the role of the European Union, its orientation towards human rights, and its aspirations for the future.
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Jäglin, Joel. "Discrimination with regard to economic and social rights of Roma : A study of the international obligations of Serbia in the human rights system of the Council of Europe." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-52720.

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44

Rijken, Conny. "Trafficking in persons : prosecution from a European perspective /." The Hague : T.M.C. Asser Press, 2003. http://www.loc.gov/catdir/toc/cam051/2004436856.html.

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Rantlo, Montoeli. "The role of property rights to land and water resources in smallholder development: the case of Kat River Valley." Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/386.

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Property rights are social institutions that define and delimit the range of privileges granted to individuals of specific resources, such as land and water. They are the authority to determine different forms of control over resources thus determining the use, benefits and costs resulting from resource use. That is, they clearly specify who can use the resources, who can capture the benefits from the resources, and who should incur costs of any socially harmful impact resulting from the use of a resource. In order to be efficient property rights must be clearly defined by the administering institution whether formal or informal and must be accepted, understood and respected by all the involved individuals and should be enforceable. These institutions influence the behaviour of individuals hence the impact on economic performance and development. The thesis has attempted to determine how the situation of property rights to land and water affects the development of smallholders in the Kat River Valley. Data was collected from 96 households who were selected using random sampling. To capture data, a questionnaire was administered through face-to-face interviews. Institutional analysis and ANOVA were used for descriptive analysis to describe the property rights situation, security of property rights and the impact of property rights on the development of smallholder farming. The results show that individual land rights holders have secure rights to land and water resources while communal smallholders and farmers on the invaded state land have insecure rights to land and water resources. The results from institutional analysis show that the situation of property rights negatively affects development of all smallholder farmers in the Kat River Valley. There are various institutional factors that negatively affect development of smallholder farmers in the Kat River Valley. Based on the research findings, some policy recommendations are made. These include consideration of the local context and strengthening of the protection of property rights.
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Dürr, Schnutz Rudolf. "Individual Access to Constitutional Courts as an Effective Remedy against Human Rights Violations in Europe : The Contribution of the Venice Commission." 名古屋大学大学院法学研究科, 2014. http://hdl.handle.net/2237/20936.

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Dupont, Jean-Claude. "Procès et sociabilité en matière de droits de l'homme: analyse institutionnelle, épistémologique et argumentative des fondements et des techniques de protection des droits de l'homme au Conseil de l'Europe." Doctoral thesis, Universite Libre de Bruxelles, 2009. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210224.

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J’examine les conditions de transposition du modèle de la « communauté épistémique » au domaine de la délibération et des évaluations pratiques. Je réponds ainsi à la question suivante :comment les droits de l’homme acquièrent-ils une signification objective dans le système de la Convention européenne des droits de l’homme ?Dans la première partie (analyse institutionnelle), je montre que la « sociabilité » est le premier enjeu de la protection des droits de l’homme au Conseil de l’Europe (ch. 1). Cet objectif de « sociabilité » n’est pas étranger à la question de leur « signification objective » car, au minimum, l’effectivité du système européen est suspendue à la réalisation d’un « ordre public » en la matière (ch. 2). Dans la deuxième partie (analyse épistémologique), je montre qu’une perspective épistémique sur les droits fondamentaux permet de rendre compte de l’effectivité (« praticabilité », rationalité) du système européen mais suppose le développement d’un critère dynamique (« d’acculturation ») de la rationalité d’un système de droit international (ch. 3) ainsi qu’un modèle épistémologique dans lequel « l’acceptabilité sociale » vaut comme instance d’adjudication rationnelle, et non seulement d’acceptation empirique, d’une définition des droits (ch. 4). Je teste, dans la troisième partie (analyse argumentative), les conditions de réalisation d’une telle « communauté épistémique » à la Cour européenne des droits de l’homme à travers l’analyse critique du contrôle des ingérences par les juges européens (ch. 5). Je défends enfin la valeur opératoire d’une théorie philosophique de l’argumentation pour la protection des droits de l’homme en Europe (ch. 6). / I consider the conditions of adaptation of a model of « epistemic community » to the field of practical deliberation and evaluations. By doing so, I am able to answer the following question: how do human rights acquire an objective meaning within the system of the European Convention of Human Rights? In the first part (institutional analysis), I show that “sociability” is what is primarily at stake in the protection of human rights within the Council of Europe (ch.1). This goal of ensuring “sociability” is not foreign to the issue of the “objective meaning” of human rights, for in that regard, the mere efficiency of the European system depends on the implementation of a “public order” in the field of human rights (Ch. 2). In the second part (epistemological analysis), I show that an epistemic perspective on fundamental rights allows one to account for the efficiency (“practicability”, rationality) of the European system, but that it presupposes the development of both a dynamic criterion (“acculturation”) for the assessment of the rationality of an international system of rights (ch. 3) and of an epistemological model in which “social acceptability” would not only serve as a benchmark for the empirical acceptation of a definition of rights but also as a benchmark for their rational adjudication (Ch. 4). In the third part (argumentative analysis), I test the conditions in which such an “epistemic community” is carried out by the European court for human rights, through a critical analysis of the way European judges deal with interferences in human rights (Ch. 5). Eventually, I defend the operating value of a philosophical argumentation theory for the protection of human rights in Europe (Ch. 6).
Doctorat en Philosophie
info:eu-repo/semantics/nonPublished
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Yiannaros, Andreas C. "Conscientious objection to military service : legal standards and practice within the Council of Europe." Thesis, University of Bedfordshire, 2013. http://hdl.handle.net/10547/326037.

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The protection of the emerging right of conscientious objection to military service is one of the most challenging questions in international human rights law. The primary objective of this doctoral thesis is to clearly identify the minimum international legal standards on the phenomenon of conscientious objection to military service as emerging from the jurisprudence of international human rights bodies. Furthermore, this study aims to explore and assess how the Member States of the Council of Europe are effectively implementing these standards within their domestic laws and practice. The implementation of legal standards on conscientious objection in the Council of Europe varies considerably between the 47 Member States of the organisation due to a rapidly transforming sociopolitical landscape that affects the speed in which legislative and procedural amendments take place. Some of the themes explored throughout this thesis include: the legal contours of the right to conscientious objection to military service, including the grounds legally accepted to justify a conscientious objection; procedural guarantees with regard to the application process to be granted conscientious objectors status; the provision of accurate information to members of the public affected by mandatory military service and the extension of these principles to professional members of the armed forces. The thesis is structured as a thematic presentation of applicable international human rights standards and State practice and explores common issues, best practices and future challenges between the Member States of the organisation. The study does not merely aspire to describe the present situation in the Council of Europe, but rather aims to contribute to academic know ledge by proposing the development of a more coherent framework of legal and procedural obligations, based on the need to review and adapt national legislation in accordance to indicators and benchmarks derived from the Council's standard-setting policies.
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Kruuse, Helen Julia. "Life in the suburbs after "Grootboom": the role of local government in realising housing rights in the Eastern Cape." Thesis, Rhodes University, 2008. http://eprints.ru.ac.za/1113.

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Ericson, Matilda. "The Execution of Judgements of the European Court of Human Rights : A Reflection on Article 46.4 ECHR." Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-281428.

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