Dissertations / Theses: 'Human rights – European Union'

1

Marangou, Eleni. "Human rights in the architecture of the European Union." Thesis, University of Bristol, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.419073.

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2

Leino-Sandberg, Päivi. "Particularity as universality : the politics of human rights in the European Union /." Helsinki : Erik Castrén Institute of International Law and Human Rights, 2005. http://ethesis.helsinki.fi/julkaisut/oik/erikc/vk/leino-sandberg/particul.pdf.

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3

Galip, Bugem. "The European human rights law with emphasis on the Cyprus question : land claims and human rights, arguments before the European Court of Human Rights." Thesis, University of Sussex, 2014. http://sro.sussex.ac.uk/id/eprint/51577/.

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This thesis presents a critical analysis of the property rights in terms of Article 1 of Protocol No. 1 (P1-1) of the European Convention on Human Rights (ECHR) to the property conflict in Cyprus. The theme that runs through the paper is whether property disputes in Cyprus have had an impact on the established case law of the European Court of Human Rights (ECtHR). Also addressed is the extent to which Cypriot property claims caused the Court to depart from its traditional approach concerning property rights under the ECHR and whether these cases before the Court have introduced a new aspect to the understanding and interpretation of the protection of property rights in the Convention system, specifically the application of the P1-1 to the Convention. The Court's approach, in its various precedents, in examining property rights within the remit of P1-1 will be compared with the property claims from Cyprus in order to determine the unique and significant character of the Cypriot property cases and to analyse their relationship with the right to property under P1-1 to the ECHR.

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4

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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5

Noyan, Gulnur. "An Evolution Of The Human Rights Policy Of The European Union." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/12607949/index.pdf.

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This thesis concentrates on the development of human rights policy of the European Economic Communities(EEC) within its transformation process into a political organization. the assumption underlying this study is that the EEC was established following World War II as a regional solution that would enable the restructuring of Europe on the bases of power, stability, and peace. this thesis deals with enlargement as a security-oriented strategy, while, at the same time, it endeavors to analyze the EEC treatment of foreign policy, peace, security and respect for human rights issues as it completed its economic integration process.

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Gropas, Rubini. "Human rights and foreign policy : the case of the European Union." Thesis, University of Cambridge, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.272786.

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Adell, J. T. "International organisations and Norm Convergence : Human rights in the European Union." Thesis, Queen's University Belfast, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.527652.

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8

Williams, Andrew Trevor. "Human rights and the European Union : the irony of a bifurcated narrative." Thesis, University of Warwick, 2002. http://wrap.warwick.ac.uk/59430/.

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Human rights remain an ambiguous and complex subject in the European Union. Although the instances of policies involving human rights issues have attained an increasing presence over the past thirty years there has been an institutional reluctance to mould a unified human rights policy worthy of the name. However, the EU's human rights practices have not been constructed in a wholly random way. They have evolved within discrete policy realms along coherent narrative lines. Specifically they have followed a bifurcated pattern. Internally, human rights are contingent. They are often referred to as "fundamental rights" signifying an underlying conception that owns a restricted definition based on a distinct European heritage. Scrutiny is erratic even casual. Enforcement is left to the Courts and other agencies. Externally, the story is different. Human rights are broad in concept. Collective notions of rights are adopted. Scrutiny can be intrusive and effective. Systems of enforcement, increasingly severe in scope and strength, have been applied. Despite the extent of this internal/external bifurcation, little academic or institutional attention has been paid to the subject. This thesis attempts to rectify the omission. In analysing the history of the EU's human rights stories, it details the extent of the bifurcation phenomenon and reveals the genesis of its central discriminatory practice. It claims that by failing to address human rights in its early period other than in mythical terms the EU's discourse provided an environment whereby rights became implicated in the representation of European identity as superior and non- Europe as morally and ethically deficient. EU human rights practice developed with this key understanding imbedded in its narrative structure. A sense of irony, provoked by double-standards and discrimination, thus accompanies the EU's rights discourse rendering the EU's role in rights action suspect and the prospects for one unified policy remote.

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9

Ozsahin, Mustafa Cuneyt Morrison Minion K. C. "The impact of European Union membership conditionality of human rights in Turkey." Diss., Columbia, Mo. : University of Missouri-Columbia, 2009. http://hdl.handle.net/10355/6733.

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The entire thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file; a non-technical public abstract appears in the public.pdf file. Title from PDF of title page (University of Missouri--Columbia, viewed on March 23, 2010). Thesis advisor: Dr. Minion KC Morrison. Includes bibliographical references.

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FELD, Leonard. "From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.

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Defence date: 14 March 2022
Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)
This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Organisation for Economic Cooperation and Development. The inquiry finds that HRDD is a concept of remarkable depth, whose features make it suitable to address human rights abuse in the globalised economy. Yet, there are also a number of practical and conceptual concerns. For instance, it is argued that the concept of HRDD features a high level of abstraction, which leads to ambiguities at the stage of implementation. In view of these findings, the transposition of HRDD into business law provides an opportunity, not only to build on the strengths of the concept, but also to counter some of its weaknesses. In addition, the thesis addresses two questions of international law concerning, first, the legality of HRDD legislation in view of its extraterritorial implications and, second, the relationship between relevant legal acts and the duties of states under international human rights law. It is held that regulators enjoy considerable leeway under international law to facilitate or require HRDD even beyond their own borders. Yet, states are presently under no international obligation to regulate HRDD processes – even though new developments are in sight. Finally, drawing on the findings of this research, the dissertation reviews Directive 2014/95/EU and Regulation (EU) 2017/821 as two precedents of HRDD legislation in the European Union. The two legal acts pursue very different strategies to promote HRDD processes with, it is argued, a varying degree of success. Through these assessments, the thesis provides a set of recommendations that may inform the transposition of the concept into business law.

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11

Nwobike, Justice Chimugwuanya. "Human rights trade and development in the African Caribbean Pacific - European Union Partnership." Thesis, University of Essex, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.438124.

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12

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 2007
Examining 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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13

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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14

Bartels, Lorand. "Human rights conditionality in the EU's international agreements /." Oxford [u.a.] : Oxford Univ. Press, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/490848184.pdf.

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15

COURELL, Ann Marie. "The friendly settlement procedure under the European convention on human rights." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7026.

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Defence date: 30 March 2007
Examining Board: Prof. Philip Alston (European University Institute) ; Prof. Francesco Francioni (European University Institute) ; Prof. Olivier de Schutter (University of Louvain) ; Prof. Kevin Boyle (University of Essex Colchester)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses

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16

Ferrario, Ljuba. "Human rights protection and national interest: the case of border fences in the European Union." Master's thesis, Vysoká škola ekonomická v Praze, 2017. http://www.nusl.cz/ntk/nusl-359782.

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Ever since the beginning of the refugee crisis, the efficiency of the Common European Asylum System has been questioned by MSs and European institutions. Recently, physical barriers have been built by an increasing number of countries in the European Union for the purpose of border controls. Simultaneously, several human rights organization have expressed their concerns on the violation of the right to asylum and of the prohibition of inhuman and degrading treatment resulting from the adoption of this method. This research will analyze this phenomenon through the perspective of international relations theory. The analysis will consider the realist approach in opposition to the liberal one, trying to assess whether border fences can be defined as an expression of national interest which compromises international cooperation in the field of human rights.

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17

Lampe, Kirsten. "Human rights in the context of EU foreign policy and enlargement /." Baden-Baden : Nomos Verl.-Ges, 2007. http://www.loc.gov/catdir/toc/fy0711/2007297476.html.

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18

Wortmann, Martin [Verfasser]. "The Institutionalization of Human Rights Impact Assessments : the Case of the European Union / Martin Wortmann." Gießen : Universitätsbibliothek, 2020. http://d-nb.info/1216143838/34.

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19

Sayers, Debbie. "Human rights and criminal justice in the European Union : making rights real in the area of freedom, security and justice." Thesis, University of Essex, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.537943.

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20

Bojkov, Victor Dragomirov. "The EU Charter of Fundamental Rights : Intergovernmental Bargaining in the Context of European Union Politics and International Human Rights Codification." Thesis, London School of Economics and Political Science (University of London), 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.499211.

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21

Lindfelt, Mats. "Fundamental rights in the European Union - towards higher law of the land? a study of the status of fundamental rights in a broader constitutional setting /." Åbo : Åbo Akademi University Press [etc.], 2007. https://oa.doria.fi/bitstream/handle/10024/4235/LindfeltMats.pdf?sequence=1.

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22

Etienne, Anne. "Towards European Integration: Do the European Union and Its Members Abide by the Same Principles?" Thesis, University of North Texas, 2004. https://digital.library.unt.edu/ark:/67531/metadc4617/.

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In the last few decades the European Union (EU) and its members have emphasized the importance of human rights and the need to improve human rights conditions in Third World countries. In this research project, I attempted to find out whether the European Union and its members practice what they preach by giving precedence to countries that respect human rights through their Official Development Assistance (ODA) program. Furthermore, I tried to analyze whether European integration occurs at the foreign policy level through aid allocation. Based on the literatures on political conditionality and on the relationship between human rights and foreign aid allocation, I expected that all EU members promote principles of good governance by rewarding countries that protect the human rights of their citizens. I conducted a cross-sectional time-series selection model over all recipients of ODA for each of the twelve members for which I have data, the European Commission, and the aggregate EU disbursements from 1979 to 1998.

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23

Ramírez, Camilo Mauricio Searing Donald. "New claims in human rights the political situation of gays and lesbians in the European Union /." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2007. http://dc.lib.unc.edu/u?/etd,1320.

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Thesis (M.A.)--University of North Carolina at Chapel Hill, 2007.
Title from electronic title page (viewed Apr. 25, 2008). "... in partial fulfillment of the requirements for the degree of Master of Arts in the Department of Political Science." Discipline: Political Science; Department/School: Political Science.

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24

Wiessala, Eugen Georg. "The politics of re-orientation and responsibility : European Union foreign policy and human rights promotion in Asian countries." Thesis, University of Central Lancashire, 2005. http://clok.uclan.ac.uk/22530/.

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This study focuses on the protection and promotion of human rights in the context of the external relations of the European Union (EU). It sets out to examine, in particular, the position of human rights within the framework of EU foreign policy. While questions of human rights sparked a wide-ranging academic debate and resulted in enhanced levels of public scrutiny over the last decade, the research presented in this dissertation attempts to fill a significant gap in scholarly attention. It does so by offering a critique of the theoretical approaches towards, and the practical manifestations of human rights promotion initiatives in the context of EU policy interaction with countries in Asia. Evidence from previous work, included as part of this dissertation, suggests that the incremental growth of human rights competencies and agendas within the EU's legal and political systems was reflected in a number of areas of concrete EU external activity, such as the Common Foreign and Security Policy (CFSP), Development Policy, relations with the African, Caribbean and Pacific (ACP) group of countries and the EU's New Asia Strategy. This dissertation attempts to demonstrate how, in the context of a Constructivist perspective within International Relations Theory in general, and EU-Asia relations in particular, the EU can be conceptualised as a value-guided, 'ethical' polity, grounded in a constitutional framework of Treaties. As a result of this, the Union introdued a more pronounced human rights dimension to its dialogue with Asia. The evidence indicates that, in respect of its Asian partners, the EU implemented human rights strategies in a number or formats and with varying degrees of success. The study scrutinises, in particular, the Commission's 'strategy papers' on Asia and the Asia-Europe Meetings (ASEM). In addition to findings analysed in previous work, this study demonstrates that the resulting debates about 'rights' and 'values' can be related to wider discourses derived from normative theory and surrounding issues of culture and identity. In the Asia-EU dialogue, arguments over human rights contain the potential to be both an enabling dynamic for, and an inhibiting agent of, a more intensive EU-Asia political and cultural dialogue. The study places a particular emphasis on EU human rights promotion policies towards the People's Republic of China, the Republic of Indonesia and Burma (The Union of Myanmar). It identifies and appraises three distinct EU policy approaches ranging from incentives based and coordinated measures to a more coercive and punitive diplomatic arsenal.

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Vasiliu, I. V. "Viable project or wishful thinking? The European Union (EU) policy in the fight against terrorism : quest for strong human rights safeguards and enhanced security." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:14740ab1-afff-43fb-ba8b-6a0eea7d228f.

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This thesis examines whether and how the EU counter-terrorism (CT) policy reconciles the demands of security with adequate protection of human rights. It starts from the assumption that human rights and security are mutually reinforcing and interdependent objectives in the CT fight where the erosion of one objective leads automatically to negative consequences in respect of the other objective. It specifically argues that the reconciliation of these two objectives has to be addressed at two distinct levels: first, in the framework of the EU primary law and, second, in the content of each EU CT provision. Consequently, the thesis examines both levels in order to respond to the research question. In the course of this investigation, the research has demonstrated that the legal framework resulting from the Treaty of Lisbon provides a basis for better addressing the human rights protection and security objectives of the EU CT policy. However, the analysis of three specific instruments – two in force and one at the level of a legislative proposal – provided contrasting results regarding the simultaneous fulfilment of the two imperatives outlined above. Moving beyond questions pertaining to the advancement of preventive criminal law and the possible reinforcement of a surveillance society, the thesis advances the hypothesis that, in the field, we are confronted more and more with what we could term ‘grey laws’ – following Dyzenhaus, Lynch and Reilly – due to their frailties as regards the tests of proportionality and legal certainty. Moreover, the thesis explores the EU’s stance as an actor in the field and the applicability of Wallace’s ‘pendulum model’ for CT decision-making, as well as the position of an individual subject to all the three measures indicated above. Solutions in order to overcome the identified shortcomings as well as further potential areas of research are also explored.

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26

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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27

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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Tamulevičiūtė, Asta. "The application of human rights for EU asylum policy." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2008. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2008~D_20080616_103404-57088.

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This paper explores the application of human rights in the EU asylum policy. The prevention of terror and the strengthening of the area of Justice, Freedom and Security require tighter border controls, which consequently reflect negatively on asylum seekers and their human rights. Therefore this paper sets the aim to explore the application of human rights for EU asylum policy in respect to international obligations. There are three main objectives to be attained in the paper: to determine if the treatment of asylum seekers, Conventional Refugees and persons granted Subsidiary Protection in the EU corresponds to human rights obligations; to explore how certain rules regarding asylum are used for the purpose of migration controls; to assess the impact of such policies for the people in the need of international protection. The research has to determine the correctness of the hypothesis claiming that the application of human rights in the EU asylum policy is often oriented to migration controls rather than humanitarian obligations. The research is based on a theoretical analysis and uses primary as well as secondary data sources. The research determines that the hypothesis has been approved. Theoretical analysis based on the social-constructivist neo-institutionalism indicates the need for the incorporation of human rights into the EU asylum rules, the application of which is currently very vague. A remarkable part of the rules related to the EU asylum policy does not... [to full text]
Šiame darbe nagrinėjamas žmogaus teisių taikymas ES prieglobsčio politikoje. Terorizmo prevencija bei Teisingumo, laisvės bei saugumo erdvės stiprinimas reikalauja griežtesnės sienų kontrolės, kas neigiamai atsiliepia prieglobsčio prašytojams bei jų žmogaus teisėms. Ryšium su tuo, šio darbo tikslas – ištirti žmogaus teisių taikymą ES prieglobsčio politikoje tarptautinių įsipareigojimų atžvilgiu. Darbe siekiama įgyvendinti tris pagrindinius uždavinius: nustatyti, ar elgesys su prieglobsčio prašytojais, konvenciniais Pabėgėliais bei asmenims, kuriems suteikta Papildoma apsauga, atitinka tarptautinius žmogaus teisių įsipareigojimus; ištirti, kaip tam tikros su prieglobsčiu susijusios taisyklės yra naudojamos migracijos kontrolės tikslais; įvertinti atitinkamos politikos poveikį asmenims, kuriems reikalinga tarptautinė apsauga. Tyrimu siekiama patvirtinti arba paneigti hipotezę, teigiančią, jog dažnais atvejais žmogaus teisių taikymas ES prieglobsčio politikoje yra orientuotas ne į humanitarinius įsipareigojimus, bet į migracijos kontrolę. Darbas paremtas teorine analize, naudojant pirminius bei antrinius šaltinius. Tyrimu nustatyta, jog iškelta hipotezė pasitvirtino. Teorinė analizė, paremta socialkonstruktyviuoju neoinstitucionalizmu, identifikavo poreikį į ES prieglobsčio politikos taisykles įtraukti žmogaus teises, kurių taikymas šiuo metu yra labai vangus. Ženkli su ES prieglobsčio politika susijusių taisyklių dalis neatitinka žmogaus teisių įsipareigijimų. Non-entré... [toliau žr. visą tekstą]

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29

Bribosia, Emmanuelle. "La protection des droits fondamentaux dans l'ordre juridique communautaire: le poids respectif des logiques fonctionnelle et autonome dans le cadre normatif et jurisprudentiel." Doctoral thesis, Universite Libre de Bruxelles, 2001. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211769.

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30

Alkan, Yavuz Selim. "The Effectiveness Of The European Union As A Normative Power: Human Rights Conditionality In The Case Of Turkey." Master's thesis, METU, 2008. http://etd.lib.metu.edu.tr/upload/2/12610073/index.pdf.

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In this thesis it is attempted to shed some light upon the limits and effectiveness of the role of the European Union (EU) as a normative power has played in the transformation of Turkish politics especially in the case of human rights issues. First of all, this study reviews the original and current debates over the civilian and normative power Europe ideas, searches to find common elements underlying those accounts and assesses to what extent they offer an adequate categorization of the EU&rsquo
s international significance. One of the main arguments of this thesis is that the EU is generally considered as the catalyst or the anchor of the reform process in the candidate countries to become members. With this in mind, an account of the development of the EU&rsquo
s human rights conditionality vis-à
-vis the third countries and the typology of the EU&rsquo
s human rights conditionality within the framework of enlargement are also examined. The massive wave of transformation with regard to human rights issues undertaken in Turkey during its pre-accession relations with the Union is a case point in this thesis. Within the scope of the study, it is attempted to analyze the impact of the EU&rsquo
s human rights conditionality upon the related state of affairs in Turkey with a view to exploring to what extent and under what conditions it could be regarded as the independent variable of the domestic reform process in the country.

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31

Pavese, Carolina B. "Level-linkage in European Union-Brazil relations : an analysis of cooperation on climate change, trade, and human rights." Thesis, London School of Economics and Political Science (University of London), 2014. http://etheses.lse.ac.uk/917/.

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This thesis explores EU-Brazil relations and answers the question of why these two actors have failed to use the bilateral level of their cooperation as a platform to enhance their coordination in multilateral arenas. The thesis develops a framework to explain the linkage between levels of cooperation within a particular bilateral relationship that focuses on both agents and issues. The argument of “level-linkage” is empirically tested in three case-studies: climate change, trade, and human rights. The thesis finds that the greater the openness of a regime to influences from other levels of cooperation, the more likely level-linkage is to occur. However, level-linkage is restricted to where the approaches of the two partners towards multilateralism are compatible. Preferences for partners were also not the main constraint to the promotion of an EU-Brazil strategic partnership in multilateral arenas. Instead, as this thesis reveals, the degree of coordination in national foreign policy-making institutions is the key determinant of level-linkage. These findings support the argument that the dynamics between agents and the specificities of issues do matter in explaining the relation between bilateral and multilateral levels of cooperation. In this light, this thesis contributes to the analysis of bilateral relationships within a multi-level structure, ultimately advancing academic research in international cooperation. It also contributes to the literature on foreign policy analysis and to an emerging body of scholarship in EU-Brazil relations.

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Kovacs, Erika. "The legal nature of Art. 30 CFREU - A human right, a fundamental right, a right?" University Osijek, 2015. http://epub.wu.ac.at/6968/1/1_Kovacs.pdf.

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The article provides for an analysis of the legal nature of Article 30 of the Charter of Fundamental Rights of the European Union, which declares "the right to protection against unjustified dismissal". In the focus of attention is the question, whether this right constitutes a human or a fundamental right or it is a right without the status of being fundamental or alternatively only a basic principle. The considerations are based on the legal theory of human rights and particularly social rights, as well as on the understanding of this right in the various international treaties and the constitutional traditions of the Member States. Furthermore, the article addresses the question of implementation of Article 30 in the national laws, scrutinizes the interpretation of Art. 51 Abs 1 of the Charter and highlights the deficiencies and possibilities. Also the image of this right mirrored in the European Union's law and the case law of the Court of Justice of the European Union is examined.

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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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Chiaraluce, Martina <1995&gt. "The promotion of human rights in the external relations of the European Union and Japan: perspectives for future cooperation." Master's Degree Thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/17725.

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During the recent years, significant events such as Brexit, the election of President Donald Trump, the economic war between China and the United States, led to a transformation of the global scenario and the necessity for leaders around the world to question themselves about who they can trust, and which alliances they can build. Furthermore, the centrality attributed to the human being has imposed countries to revise the contents of their cooperation policies, giving further space to human rights, democracy, and rule of law. For decades, the European Union’s relationship with Japan has ignored this aspect, being focused specifically on economic interests, crowned by the implementation of an Economic Partnership Agreement, entered into force in 2019. This dissertation aims to demonstrate the potentiality of a renewed relationship between the European Union and Japan, putting human rights at the core, to fill the “expectation-capability gap” that has for a long time blocked the possibility to enhance a deeper collaboration between the two territories. By gathering the human rights mainstreaming power of the European Union on one side and the proofed resilience of Japan on the other, the EU and the Land of Rising Sun have the power to foster social, economic, political, and specific categories of human rights – namely, women’s rights – not only in their bilateral relations, but also in the territories more in need around the world.

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Kozlowski, Anna Maria. "Trafficking Against Human Beings from the Polish-European Perspective: Why the State Security Approach is the Wrong Solution." Thesis, Boston College, 2011. http://hdl.handle.net/2345/1996.

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Thesis advisor: Paul Christensen
This thesis begins by examining the security trends of the European Union after the terrorist attacks of September 11, 2001 and the resulting efforts to shield Europe against unknown enemies through strengthened external borders. It notes that the driving force behind such a state security mindset was the idea that the global developments that opened the way for hyperterrorism were also responsible for other cross-border threats such as cross-border crime and illegal migration. Thus Europe and consequently, Poland, have found themselves in positions of increased law enforcement and border control at a time when globalization presses for the free movement of goods and labor. As a product of these dualities, this work notes that human trafficking has negatively altered in its manifestations rather than decreasing in occurrence. Thus, through a detailed examination of United Nations, European Union, and Polish laws, this thesis finally concludes that the current state security approach to anti-trafficking efforts is ineffective; it argues that countries such as Poland – through the help of NGOs – must adopt a human security mindset and use improved criminal prosecution and victim assistance as a new, more successful, means of deterrence
Thesis (BA) — Boston College, 2011
Submitted to: Boston College. College of Arts and Sciences
Discipline: College Honors Program
Discipline: Political Science

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Kanakanian, Arminé. "The situation of freedom of expression - Turkey and the European Union." Thesis, Örebro University, Department of Behavioural, Social and Legal Sciences, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-2300.

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Abstract

This study will shed light on the meaning of article 301 of the Turkish Penal Code and its

inconformity with fundamental principles of the European Union and fundamental human

rights. The trial of Nobel Prize winner, Mr Orhan Pamuk and the killing of Mr Hrant Dink in

January 2007 have both put focus on the notorious article 301 of the Turkish Penal Code.

The purpose of the study is to answer the main question; In what way does article 301 of the

Turkish Penal Code infringe the freedom of expression outlined in article 10 of the European

Convention on Human Rights and what should the European Union do about it?

The conclusion is that article 301 of the Turkish Penal Code infringes the right to freedom of

expression stated in article 10 of the European Convention on Human Rights. It does

undermine the essence of the right by invoking a wide range of self-censorship, by its

ambiguous language and by the way it is applied. The restrictions are interpreted broadly and

leave nothing but an arbitrary article left to apply for the courts. The European Union holds

the power to influence Turkey and can therefore enforce an abolition of article 301 of the

Turkish Penal Code. Time will tell if Turkey will fully safeguard freedom of expression as it

is stated in article 10 of the European Convention of Human Rights and in the praxis of the

European Court of Human rights and the European Court of Justice.

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Stjärneblad, Sebastian. "The Regional Prosecution Model between Kenya and the European Union: Implications on International Criminal Law?" Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23524.

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Modern piracy has escalated outside the coast of Somalia and in the Gulf of Aden. In order to bring suspected pirates and alleged armed robbers to justice, the European Union has entered into a regional prosecution model with Kenya. In this study I examine if the regional prosecution model between Kenya and the European Union may have any implications on international criminal law by specifically analyzing the Kenyan jurisdiction to try piracy suspects and the right to fair trial in Kenyan criminal proceedings of piracy suspects. By using a legal method, this study offers some clarity regarding Kenya’s jurisdictional basis to prosecute piracy suspects, as well as, to what extent they respect the right to a fair trial in its criminal proceedings of alleged pirates. In addition, the legal analysis demonstrates that international criminal law may be undermined and subjected to mistrust. Furthermore, the legal analysis also offers indications on a normative development of the Security Council in relation to its role in bringing perpetrators of international crimes to justice.

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Marino, Valentina. "European Union: a Conditioned Normative Power , the campaign against death penalty in China and the Philippines." Doctoral thesis, Università di Catania, 2012. http://hdl.handle.net/10761/1121.

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The aim of the present work is to demonstrate that the European Union s power variation, both in terms of nature puissance- and in terms of power exercised pouvoir, is the variable that best explains the EU s success or failure in a specific area of its human rights policy: the campaign against the death penalty. This analysis will lead to the definition of the European Union as a Conditioned Normative Power (CNP) in the global system, a revisitation of the classic concept of Normative Power Europe elaborated by Manners (2002). After and extensive literature review on the concept of power and on the EU's forms of power, this work focuses on two Asian countries China and the Philippines, chosen because the most dissimilar cases form many reasons including the entity of their bilateral relations with the European Union, the proportion of the use of death penalty, and the current position toward capital punishment (abolition/maintaining). The two empirical cases studied are compared to identify the independent variables that drive two different outcomes (abolition/maintaining) in relation to the dependent variable. i.e. the European Union s normative power.

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Peterson, Christian Philip. "Wielding the Human Rights Weapon: The United States, Soviet Union, and Private Citizens, 1975-1989." Ohio : Ohio University, 2009. http://www.ohiolink.edu/etd/view.cgi?ohiou1242234040.

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Orago, Nicholas W. "Interrogating the competence of the African court of justice and human rights to review." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/16789.

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Globalisation and the transfer of powers from state constitutional systems to international organisations (IOs) have led to several deficiencies, especially with regard to checks and balances in global governance. The need to inculcate the rule of law and constitutionalism in global governance has therefore gained currency in the 21st century. This has been exemplified by calls for the reform of the United Nations (UN) and the extensive reforms in regional IOs, such as the European Union (EU), with emphasis on institutional balance and the tempering of political power with institutional controls.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Jacqui Gallinetti Faculty of Law, University of the Western Cape, Cape Town, South Africa. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

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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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Dieskau, Johanna. "Struggling over Rights of Romani EU Migrants - An Inquiry into Biopower in the Case of the Eviction of the Sorgenfri Camp in Malmö, Sweden." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21453.

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In 2015, local authorities in Malmö, Sweden, evicted an informal settlement, the Sorgenfri Camp, in which mostly Romani EU migrants were living. No housing alternatives were offered. Critics saw this as a human rights violation, but the municipality found that the people were not entitled to the rights in question. This thesis explores these different rights discourses by tracing their underlying power relations through a Foucauldian discourse analysis. Foucault’s understanding of biopower, rights, and subjectivity is applied. The findings suggest that the municipality saw the camp residents as not entitled to housing rights because they were seen as occupants threatening private property and foreign EU citizens burdening the local welfare system, while critics resisted such rights denial by highlighting the persons’ humanity and vulnerability as Roma people. All actors where thus concerned with the biopolitical responsibility of the municipality to protect the life of the population, but saw this realized either through denying or granting rights to the camp residents, depending on what kinds of subjects they were seen as. This study exemplifies the power struggle through which people’s entitlements to rights are constantly produced, reproduced, and challenged as they are placed into different subject positions.

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Palmén, Öhgren Linda. "Burkaförbud : Rättfärdigad restriktion eller brott mot de grundläggande friheterna och mänskliga rättigheterna?" Thesis, Högskolan i Gävle, Avdelningen för humaniora, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-11948.

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The fundamental freedoms and human rights is something the countries, and its citizens, of the European Union more or less take for granted. However, in recent years these rights have become a topic of discussion in the way that a debate about the Islamic headscarves has developed. This debate has resulted in that a number of countries, including France, have taken legislative measures to ban clothing that fully covers ones face. Out of these bans a discussion has arisen concerning the fundamental freedoms and human rights. These burqa bans, as it is labeled in the pubic debate, have been accused to wrongfully limit the individuals freedoms and human rights. This study therefore has the aim to analyze these burqa bans in relation to the European Union, United Nations and the Council of Europe’s general declarations concerning the fundamental freedoms and basic human rights. The main result of this study shows that these bans in fact is not a proportionally restrict in the fundamental freedoms and human rights. These results also are strengthened by the theoretical positions on freedom as put forth by Samuel Pufendorf and John Stuart Mill.

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Lofca, Izzet O'Connor Brian C. "Respect for human rights and the rise of democratic policing in Turkey adoption and diffusion of the European Union acquis in the Turkish National Police /." [Denton, Tex.] : University of North Texas, 2007. http://digital.library.unt.edu/permalink/meta-dc-3945.

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Montillot, Nathalie. "The promotion of human rights in the external relations of the european union : An appraisal of the use of carrots and sticks." Thesis, University of Reading, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.520098.

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Nattorp, Nora. "All bark and no bite? : European Union Human Rights and Democracy Advocacy & Development Aid: A case study of Myanmar and the Rohingya." Thesis, Stockholms universitet, Institutionen för ekonomisk historia och internationella relationer, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-182508.

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The principles of human rights and democracy have been of great importance for a long time and for many actors globally, especially for the European Union. This paper has the purpose of examining the European Union’s bilateral development aid and its relation to the organisation's human rights and democracy promotion. The study is a case study of Myanmar in the years 2000-2017 and with particular focus on the situation for the Muslim minority Rohingya. The case is investigated through the perspective of Ian Manners’ Normative Power Europe supplemented with aspects collected from previous research, to see if it can explain the behaviour of the aid flow. The conclusions of this study were that human rights and democracy while appearing greatly central has not had any major influence on the aid from the Union to Myanmar, and neither can the idea of European normative power explain the nature of the aid allocation.

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Prokhorov, Sergiy, and Marta-Maria Denshchykova. "Efficient Normative Power? EU's activity in Africa." Thesis, Högskolan i Halmstad, Sektionen för hälsa och samhälle (HOS), 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hh:diva-2558.

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This study examines the European Union normative power in Sub-Saharan African countries. It is based upon theoretical researches on normative power and official publications about EU’s normative power in Africa. The aim of the thesis is to analyse the EU’s role in Africa as normative power. The following questions are posed: What are the reasons of exercising normative power by the EU in Africa? What are the main areas the EU acts as normative power in African continent? And what are the results of EU normative power activity in Africa? The theoretical approach assumes that the EU is no longer a normative power. But, nevertheless, it can exercise normative power. The study is conducted with a qualitative method research. The results show that the EU as a normative power pursues egoistic motives in Africa. But its normative power becomes limited by some factors: growing economic development of Africa, growing EU military power. This confirms the theory.

Hope, You agree to use the thesis only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the thesis. Remember you should ask authors' permission to use the thesis.

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Fahlbusch, Markus. "European integration in the field of human rights protection: the interaction on the basis of different constitutional cultures." Doctoral thesis, Universite Libre de Bruxelles, 2014. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209162.

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The present thesis suggests that judicial interaction can benefit constructive solutions of concrete human rights problems as a specific way of integrating European human rights protection. This affirmation is substantiated by case studies examining the interaction of the European Court of Human Rights with the UK House of Lords and Supreme Court on the one hand and with the German Federal Constitutional Court on the other. Yet, the manner in which the courts proceed in their interaction, notably in view of their potentially conflictual stances, can deflect from the concentration on constructively solving the substantive human rights problem with which the courts are confronted. Accordingly, the courts might be inclined to preserve the status quo of their initial positions and to resort to a mere compromise between the different interests involved.

This thesis identifies two major factors in the courts’ reasoning that inhibit the fruitful discussion of the substantive human rights questions brought up by the cases: the reference to “culture” and the focus on their institutional relationship with the balancing of possibly conflicting interests. By way of analysing practical cases against a legal- and political-theoretical backdrop, this work develops how these two factors contribute to the obstruction of a constructive interaction between the courts and to the shielding of controversial views from being discussed and challenged. In response, also by reference to the concrete practice of the courts, this thesis puts forward an approach to the interaction which avoids this inhibiting effect and therefore allows for a comprehensive, deep and critical discussion on how to solve the specific human rights problems raised by the cases./La présente thèse soutient que l’interaction judiciaire peut bénéficier à des solutions constructives des problèmes concrets de droits de l’homme comme une forme spécifique d’intégration de la protection européenne des droits de l’homme. Cette affirmation est corroborée par des études de cas qui examinent l’interaction de la Cour européenne des droits de l’homme avec la House of Lords et la Cour suprême du Royaume-Uni d’un côté et avec la Cour constitutionnelle fédérale de l’Allemagne de l’autre. Pourtant, la manière dont les cours procèdent dans leur interaction, notamment au vu de leurs points de vue potentiellement conflictuels, peut détourner l’attention de la solution constructive des problèmes substantiels des droits de l’homme auxquels les cours font face. En conséquence, il se peut que les cours soient susceptibles de préserver le statu quo de leurs positions initiales et d’avoir recours à un simple compromis entre les différents intérêts en cause.

Cette thèse identifie deux facteurs majeurs dans le raisonnement des cours qui entravent la discussion fructueuse des questions substantielles soulevées par les cas :la référence à la « culture » et la concentration sur leur relation institutionnelle avec le balancement des intérêts possiblement conflictuels. Au moyen de l’analyse des cas pratiques sur le fond de la théorie juridique et politique, ce travail fait ressortir comment ces deux facteurs contribuent à l’obstruction d’une interaction constructive entre les cours et à la protection des opinions controversées contre leur discussion et défi. En réponse, également en se fondant sur la pratique concrète des cours, cette thèse avance une approche quant à l’interaction qui évite cet effet inhibant et, par conséquent, permet une discussion complète, profonde et critique de comment résoudre les problèmes spécifiques de droits de l’homme posés par les cas.

Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished

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Persson, Malin. "Asylum - not an EU problem? Qualitative analysis of the readmission agreements in the asylum and migration policy of the European Union." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22758.

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In the European Union asylum and migration policy, the expressions “exclusion” and “externalization” are often used and encountered because the EU transfers the responsibility of migration control to non-EU states through readmission agreements. The EU does not have the capacity to receive all migrants, refugees and asylum seekers that seek protection in Europe, hence the agreements are constituted between the EU and other countries outside the EU on the basis of returning nationals and third country nationals who have been denied asylum. The purpose of this thesis is to explore how and to what extent are human rights embedded in the readmission agreements and in the materials that constitute the basis for the decision to enter into readmission agreements. This thesis also tends to analyze if and on what basis the readmission agreements pose potential consequences for asylum seekers, refugees and migrants. In order to answer the posed research questions, I have used a qualitative research method of case study and text analysis. I have used a theoretical framework of externalization and studied the cases of the EU-Ukraine agreement and the EU-Pakistan agreement. Today, the EU cannot guarantee the safety individuals that are being returned to either Ukraine or Pakistan, because both Ukraine and Pakistan lack functional human rights institutions and cannot practice what human rights instruments ordain because they lack the capacity to do so. The EU’s failing of safe returns for asylum seekers, refugees and migrants has consequently created situations of orbit and chain refoulment where migrants, refugees and asylum seekers risks being returned to their country of origin or passed around between countries.

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Ahonen, Staci. "Understanding European Union Normative Power: Assessing the Construction of the Norms of Human Rights and Market Liberalization in the EU's relationship with Russia." Thesis, University of Ottawa (Canada), 2011. http://hdl.handle.net/10393/28778.

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The European Union's (EU) identity as a nonnative power rests in its ability to construct norms within itself and in third countries. Russia has proven challenging for the EU's norm construction. Through constructivist analysis this thesis attempts to understand the EU's process of norm construction with Russia and domestically and consequently its construction of a nonnative identity. Looking at the period between 2000 and 2008, this thesis presents two main arguments. First, in the EU's attempt to construct its norms of human rights and market liberalization it faced difficulties because as the context shifted, other norms, deemed more important, triumphed over the norms of human rights and market liberalization. This resulted in three identifiable nonnative shifts. Secondly, it focuses on the domestic formation of norms and argues that member states playa significant role in the EU's difficulty to construct norms, in that they have been unable to speak with one voice on human rights and market liberalization.

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Dissertations / Theses on the topic 'Human rights – European Union'

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