Dissertations / Theses on the topic 'Human rights treaty obligations'
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1
Clarke, Sharna-Lee. "Holding South Africa Accountable : A Critique of the Reports Submitted to Treaty Bodies Pertaining to the Rights of Children with Disabilities." University of the Western Cape, 2016. http://hdl.handle.net/11394/5143.
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Magister Legum - LLMSouth Africa recently submitted reports to three treaty bodies regarding steps taken over the past two decades to implement the rights of children with disabilities. This study is focused on critically analysing the South African reports submitted to the United Nations Committee on the Rights of the Child (hereinafter referred to as the CRC Committee), the African Committee of Experts on the Rights and Welfare of the Child (hereinafter referred to as the ACERWC) and the Committee on the Rights of Persons with Disabilities (hereinafter referred to as the CRPD Committee) regarding the implementation of the CRC, ACRWC and the CRPD in South Africa. In doing so, the study focuses on all matters pertaining to children with disabilities as well as focusing on particular groups of children with disabilities. This will be done to determine whether or not the State meets the international law obligation of implementing the CRC, ACRWC and the CRPD in South Africa.
2
Kapembwa, Julius. "Wildlife rights and human obligations." Thesis, University of Reading, 2017. http://centaur.reading.ac.uk/78228/.
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Despite exponential growth of the field of animal ethics, wildlife ethics has continued to be a fringe discussion. My thesis seeks to make a theoretical contribution by focusing only on human-induced harms to wild animals. I use the rights approach to investigate demands of wildlife justice on human behaviour and wildlife policy. I take rights to be the best normative resource for determining and evaluating just and unjust relations. Given the fundamental position of moral rights that I espouse, moral rights must constitute the core of an ethically sound wildlife policy. The analytical framework I deploy throughout the thesis consists of the Interest Theory of Rights couched in the Hohfeldian matrix of rights. This framework provides some insights for improving on the influential rights approach expounded by Tom Regan. I apply the adopted rights view to several important ethical conundrums. These include the institution of wildlife property; human interference in wildlife predation and wildlife population control; humanwildlife conflict; and state obligations to ensure wildlife justice. From the rights view, I conclude that wild animals are morally not human property and that they are in fact owners of their habitats and the natural goods on which their wellbeing depends. Humans are morally prohibited from killing predators or lethally controlling wildlife populations except in the unlikely event of preventing an ecological catastrophe. Furthermore, humans are permitted in their acts of self- or other- defence in those circumstances where the humans are innocent and are not morally liable. Policies and cultures that allow the killing of wildlife as a resource are unjust and therefore prohibited. Lastly, I contend that the responsibility for protecting wildlife lies with all states whose citizens, organisations, or corporations harm wildlife anywhere on earth. The diffuse and extraterritoriality of unjust harms to wild animals seems to require a cooperative international approach to securing wildlife rights.
3
Savasan, Zerrin. "The Eu Constitutional Treaty And Human Rights." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/12607585/index.pdf.
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The thesis seeks to answer the question whether the European Union (EU) constitutional treaty offers improved protection for human rights in the EU jurisdiction. Within this context, it first seeks to find out what the incorporation of the Charter of Fundamental Rights in the constitutional treaty promises for the human rights&rsquofield. Furthermore, it examines how the possible accession of the EU to the European Convention on Human Rights will affect this field. Then, it focuses on what the constitutional treaty offers for third countries concerning human rights. Finally, in the light of the recent developments on the treaty, the discussion enlightens the role of the constitutional treaty on protecting and developing human rights in the EU.
4
Stehlík, V. "EU human rights protection under the Treaty of Lisbon." Thesis, Ukrainian Academy of Banking of the National Bank of Ukraine, 2009. http://essuir.sumdu.edu.ua/handle/123456789/60647.
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The aim of my paper is to show the recent proposed changes of human rights protection in the EU based on the Treaty of Lisbon (further referred as “TL”). The TL is the last reform of the EU primary law and its ratification process in all EU Member States has been finalised in November 2009. The paper will focus both on the outline of the present state of human rights protection in the EU from the historical perspective and changes brought by the TL.
5
Obokata, Tomoya. "Trafficking of human beings as a human rights violation : obligations and accountability under international human rights law." Thesis, University of Nottingham, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408594.
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Afrim-Narh, Abraham T. "Human rights limitations : clarifying the emerging obligations of business." Thesis, Middlesex University, 2015. http://eprints.mdx.ac.uk/18464/.
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The United Nations recognises that businesses have responsibility for human rights and there are ongoing negotiations that may lead to the adoption of legally binding framework to ascribe human rights obligations to businesses. The present study considers that ascribing human rights obligations to businesses raises the corresponding need to clarify whether human rights limitations could be factored into their obligations. In contribution to the clarification of this issue, this thesis examines two requirements for permissible limitation of human rights, namely, the concepts of ‘law’ and ‘legitimate aims’. It undertakes a legal analysis of these concepts in terms of whether within the specific context of business, they might respectively include (i) rules that are generated by businesses themselves and (ii) the core interests of businesses as grounds for human rights limitations. It shows how the doctrine of private delegation explains the disposition of businesses to generate rules that may serve as valid bases for human rights limitations and finally proposes the core interests of businesses that may also have to be prioritised as the ‘equivalents’ of legitimate grounds for human rights limitations in business contexts.
7
McCall-Smith, Kasey Lowe. "Reservations to human rights treaties." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6320.
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This thesis examines the default application of the 1969 Vienna Convention on the Law of Treaties reservation rules to reservations to human rights treaties. The contemporary practice of formulating reservations allows states to unilaterally modify their treaty obligations following the conclusion of negotiations. Though multilateral treaties address a broad spectrum of subjects and are negotiated using a variety of methods, all treaties are governed by the same residual reservation rules of the Vienna Convention when there is not a treaty-specific reservation regime in place. The Vienna Convention system is only engaged if a state seizes the opportunity to determine whether a reservation is valid pursuant to default rules or if a challenge regarding the validity of a reservation is brought before another competent mechanism of review, such as a dispute resolution mechanism. Even when applied, the Vienna Convention rules are ambiguous at best and have been criticised since their inception due to the high degree of flexibility in their application, especially in relation to human rights treaties. In light of the inherent flaws of the Vienna Convention reservation regime and the structural characteristics of human rights treaties, rarely will a reserving state be deprived of the benefit of the reservation even if it is determined to be invalid by another State Party. Though the consequences of an invalidity determination are more concrete when the decision is taken by a dispute resolution mechanism, such as a court, seldom are disputes over the validity of a reservation to a human rights treaty submitted to a competent mechanism. Using the core UN human rights treaties as a case study this research highlights that the past thirty years have revealed a practical impasse in treaty law when the default reservation rules are relied upon to regulate reservations to human rights treaties. Reservations of questionable validity gain the same status as valid reservations because the Vienna Convention rules do not address the consequence for a reservation determined to be invalid outwith the traditional inter se application of the reservation between the reserving and objecting states, which is not logical in the context of a human rights treaty. Against this background, this thesis examines whether the default reservation rules adequately govern reservations to human rights treaties. The conclusion affirms that the Vienna Convention reservation regime can regulate reservations to human rights treaties but only if there is a clearly defined final view on the validity of a reservation taken by an organ other than the state. Therefore, it is argued that treaty-specific supervisory mechanisms attached to each of the core UN human rights treaties should be invested with the competency to serve a determinative function with respect to evaluating reservations to human rights treaties in order to facilitate a stronger basis for the international human rights system.
8
Söderlund, Erik. "Transnational Corporations and Human Rights : Assessing the position of TNCs within international human rights law, and the appropriateness of an international treaty on business and human rights." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-363144.
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Transnational corporations are playing an important role in the global economy of today. Many of these corporations have great economic resources and have the possibility of contributing to the development of societies in developing states. At the same time, in their search for profit, the activities of TNCs have proven fatal to some of the individuals employed by them, or otherwise in contact with their activities. Within the international legal framework, corporations are not traditionally treated as subjects and if a TNC allocates its production to a state with lax human rights protection, no binding international standards exist to regulate the conduct of the corporation. In my thesis I will assess the position of TNCs under the present core human rights instruments and soft law initiatives. I will also analyze a draft treaty text produced by the Intergovernmental Working Group on Business and Human Rights, released in July 2018, to reach a conclusion on whether such an instrument would affect the international legal status of TNCs and provide a more robust protection of international human rights.
9
Raible, Lea Alexa. "Human rights unbound : a theory of extraterritorial human rights obligations with special reference to the International Covenant on Economic, Social and Cultural Rights." Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10041896/.
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This thesis advances four main arguments aimed at fundamentally changing the way we think about extraterritorial human rights obligations. First, I argue that the questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, I seek to show that human rights as found in international human rights law, including the International Covenant on Economic, Social and Cultural Rights, are underpinned by the values of integrity and equality. Third, I argue that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over said individuals. And fourth, I show that title to territory is best captured by the value of stability, as opposed to integrity and equality. Because of this, models of jurisdiction that incorporate a close relationship with title to territory cannot be successful. The consequence of these arguments is a major shift in how we view extraterritorial human rights obligations. Namely, the upshot is that all standards in international human rights law that count as human rights require that a threshold of jurisdiction, understood as political power, is met. However, on my account, this threshold is not a conceptual necessity but a normative one. It is the relevant threshold not only for practical reasons, but because it justifies the allocation of human rights obligations.
10
Kolliniati, Maria-Artemis [Verfasser]. "Human Rights and Positive Obligations to Healthcare : Reading the European Convention on Human Rights through Joseph Raz's Theory of Rights / Maria-Artemis Kolliniati." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://d-nb.info/1192102681/34.
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Grönwall, Jenny T. "Access to water : rights, obligations and the Bangalore situation /." Linköping : Department of Water and Environmental Studies, Linköping University, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-11686.
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MARICONDA, CLAUDIA GABRIELLA. "HUMAN RIGHTS AND LABOUR RIGHTS OBLIGATIONS OF MULTINATIONAL COMPANIES. PERSPECTIVES ON PRIVATE MILITARY AND SECURITY COMPANIES." Doctoral thesis, Università Cattolica del Sacro Cuore, 2016. http://hdl.handle.net/10280/11127.
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Lo studio si inserisce nel dibattito sul potere delle multinazionali e il rispetto dei diritti umani fondamentali e approfondisce i concetti di responsabilità sociale delle imprese (CSR) e della loro "accountability", inquadrando l'analisi nel contesto più ampio degli investimenti esteri diretti (FDI), con i relativi aspetti economici, tecnologici e sociali, nonché ambientali e politici.
Si analizzano le norme internazionali in tema di rispetto dei diritti umani da parte delle aziende, ed i meccanismi legali per rendere le società "accountable", soprattutto in caso di complicità aziendali negli abusi perpetrati dagli Stati, anche attraverso la giurisprudenza dei tribunali penali internazionali e dei tribunali statunitensi.
Viene data attenzione al settore della sicurezza, i.e. "Private Military and Security Companies" (PMSCs, interessato da notevole crescita negli ultimi decenni. Le PMSCs, impiegate da parte dei governi che esternalizzano una funzione tipicamente dello stato e da imprese e ONG attive in contesti difficili, hanno operato senza adeguato controllo.
Le loro attività sollevano questioni su potenziali abusi dei diritti umani commessi dai propri dipendenti oltre che su violazioni dei diritti del lavoro subite dagli stessi.
Le azioni ONU per portare le PMSCs fuori dalla 'zona legale grigia' in cui hanno operato vengono trattate insieme alle iniziative di autoregolamentazione.The study, given the debate about the increasing power of corporations and the attempts to ensure their respect of fundamental human rights, deepens the concepts of corporate social responsibility (CSR) and corporate accountability, framing the analysis within the broader discourse of Foreign Direct Investment (FDI), with its economic, technological and social aspects as well as environmental and political issues. International standards in the area of corporations’ human rights obligations are analyzed in addition to legal mechanisms to hold corporations accountable, particularly for corporate complicity in human rights abuses by States, through the jurisprudence of international criminal tribunals and U.S. Courts. Special attention is given to the security sector, i.e. Private Military and Security Companies (PMSCs), interested in the last decades by a steady growth. PMSCs, increasingly contracted by governments willing to outsource a typical state function and by companies and NGOs active in difficult contexts, have been operating without proper supervision and accountability. PMSCs activities raise issues concerning potential human rights violations committed by their employees and labour rights abuses their employees might suffer themselves. UN actions aimed at bringing PMSCs out of the legal ‘grey zone’ where they have been operating are tackled alongside with self-regulatory initiatives.
13
Turner, Ian David. "Human rights, positive obligations and the development of a right to security." Thesis, University of Central Lancashire, 2016. http://clok.uclan.ac.uk/16597/.
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In this PhD by Published Work the author is advocating a right to security broadly grounded in ‘communitarian’ ideals. The ‘absolutist’ state theory of, say, Thomas Hobbes, to protect society from collapse, pays too little attention to genuine fears that the state can actually pose a threat to security; in giving the state significant powers of security, it can undermine the very values one is seeking to secure; and is there actual evidence that substantial gains in state power over the last fifteen years or so, since ‘9/11’, for example, have actually made nations more safe? But liberalism, at least the form suggested by, say, Ronald Dworkin, in being unprepared to accept a balance between rights and security, seemingly overlooks threats that undermine the very freedoms liberals like Dworkin wish to protect. And the liberal philosophy, at least its John Locke traditions, of absolute freedoms is too individualistic and attaches too little weight to responsibilities. Plotting a course, therefore, through these criticisms of state absolutism and liberalism one therefore ‘finds’ communitarianism as a philosophy to support a right to security. The author’s ‘communitarian’, right to security is based on an expansive interpretation of ‘positive’ duties of the state, to protect, say, the rights to life of individuals from violations by non-state actors such as suspected terrorists. The author is therefore not proposing an autonomous right to security; he is developing an existing one. And as the author still sees his right to security as largely a justiciable one enforceable before the courts, his approach is a more moderate aspect of communitarianism embracing some liberal ideas of constitutionalism such as judicial review.
14
Mebrahtu, Simon. "New architecture for the UN human rights treaties monitoring mechanisms : merging and partitioning the committees." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1244.
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"In the past 40 years these various procedures and outputs of the United Nations Human Rights Treaty System (UNHRTS) have gradually become sophisticated, developed and strengthened. It has made contributions to the promotion and protection of human rights. Despite its achievements, however, it also faces serious challenges and weaknesses, which induces some insider commentators to evaluate it as 'a system in crisis' and to criticise the whole system as one that urgently needs 'a complete overhaul'. From time to time, several proposals were made to improve the situation. However, the underlying problems persisted. Thus further and radical calls for re-organisation of the monitoring mechanism of the UNHRTS into a Unified and Standing Treaty Monitoring Body (USTMB) was made very recently. A further call for consolidation was made more explicit subsequently. In March 2006 the UN High Commissioner for Human Rights (UNHCHR) has issued a Concept Paper proposing to consolidate the current treaty monitoring bodies (TMBs) into a USTMB in an attempt to address the persistent problems the UNHTRS monitoring mechanism has been facing. A proposal regarded as too radical by many insiders of the UNHRTS. In view of the serious weaknesses of the UNHRTS monitoring mechanism, the initiated reform is a positive step. However, in seeking to introduce reform, and particularly within the UNHRTS, great caution is important not to throw the baby with water in the reform process. There is real concern about squandering, in the name of reform, the progress achieved over the last decades. In order to introduce an effective reform, it is important to be aware of [what] has worked and what has not, and make strategic choices based on these insights. In view of the proposed USTMB as a solution to the weakness of the system, balancing the reform initiative so that it will inherit the positive legacies while redressing the weakness is, therefore, a major contemporary concern." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Mr. E.Y. Benneh at the Faculty of Law, University of Ghana, Accra, Ghana
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
15
Martzoukou, V. "Claims to resources and positive obligations under the European Convention on Human Rights." Thesis, University College London (University of London), 2015. http://discovery.ucl.ac.uk/1472404/.
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This thesis investigates the question of what claims to resources and positive obligations are inherent in an effective respect for the rights protected by the ECHR. I advance my thesis first by way of a negative argument about where we cannot look for answers: in flawed categorizations and distinctions between different types of rights and duties and in formalistic or conventional interpretations of the ECHR. Instead, I treat this as an interpretive question that invites substantive moral arguments about what the content and extent of such claims may be in light of the principles and values underlying the Convention. I highlight the significant progress but also the inconsistency and uncertainty in the case law of the ECtHR and offer examples that point to the need for a coherent set of principles by which to determine the content and fair scope of positive obligations and claims to resources. I investigate three different conceptions of the value of liberty as the core value underlying the ECHR. I consider the problems in employing the theories of I. Berlin and J. Raz as the basis for an account of rights and positive obligations. In contrast to these, I develop an interpretation of Ronald Dworkin's integrated conception of the values of liberty and equality, by which his two principles of dignity and the abstract right to equal concern and respect may give rise to rights as fair shares in a just distribution of the available resources. The idea of proportionality, I suggest, so prevalent in human rights theory and practice, cannot answer the question of what is a fair share but points to the central problem of when can individuals challenge a distribution of resources or opportunities as disproportionate, unreasonable or unfair. Besides, I highlight the significant flaws of minimum core and capabilities theories as the basis for construing the content of rights and claims to resources and positive obligations. As a more attractive alternative, I closely examine Dworkin's theory of equality of resources and defend an interpretation of his hypothetical insurance device as a safety net strategy for determining the content of claims to resources and positive obligations under the ECHR.
16
Chetty, Maushami. "The repatriation process: does South Africa live up to its human rights obligations?" Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1074.
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"The Aliens Control Act (ACA) was racially biased towards immigrants who were easy to assimilate into the white population. It thus did not accord with the principles of the new regime based on equality and reflected an exclusionist apartheid ideology. Not only was the act itself repugnant, but the practice of the enforcement bodies in arrest, detention and deportation procedures was maligned as well. There were allegations of violence, arbitrary arrest, harassment, exploitation, unfit detention facilities and lack of procedural fairness. This precipitated the drafting of the Green and White Papers on International Migration, the much contested Immigration Bill and the Immigration Act (IA) itself. The well researched Green Paper's recommendations about the shift in focus from control to management of migration were not taken cognisance of. The government, in consultation with US immigration specialists, focused on control to prevent an influx from the rest of Africa into South Africa's newly 'opened' borders. The only concession granted was the amnesties for long-time residents (usually mineworkers and refugees) from SADC countries, but this was not well responeded to. The South African government seemed to be intent on keeping the exclusionist mindset, with a shift from race to nationality. The IA has to be examined to see whether the contents of the legislation which inform the repatriation process meet constitutional and international law muster. This should be done with the background and criticisms of the ACA in mind. The actual practice of the enforcement agencies that effect the arrest, detention and deportation must be measured against South Africa's accepted human rights norms. A consideration of the past harsh and unconstitutional immigration control mechanisms must take place as well to track South Africa's progress towards a human rights based repatriation program." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
17
Grönwall, Jenny T. "Access to water : Rights, obligations and the Bangalore situation." Doctoral thesis, Linköpings universitet, Tema vatten i natur och samhälle, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-11686.
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The city of Bangalore in southern India is undergoing rapid urbanisation and administrative transition. Its growth puts pressure on the available water sources – being mainly the disputed inter-State River Cauvery and the hard-rock aquifers – with ensuing problems of access. These aspects affect how rights to and over water are fulfilled and perceived. Competition for drinking water is intensifying worldwide and over a billion people are estimated to lack safe access to it. Urbanisation and other demographic trends, along with globalisation and climate change, are adding to the changing patterns of water scarcity. The role of rights in attaining and improving access to water is undoubtedly great and often referred to in the general water management debate. The notion is analysed here as having three interlinked dimensions: the right to water as a human right; water in terms of property rights; and water rights. Law treats these rights, and thereby water, differently. For instance, groundwater has traditionally been thought of as invisible and unpredictable. Partly for this reason, it is still left largely unregulated in many parts of the world. In India, according to the proverb, ‘the landlord is a water lord’. This has effects on the claim for water as a human right. The dissertation shows that we cannot talk in terms of water and rights until we are aware of how complex rights apply simultaneously, and how they correspond to obligations.
18
Tawana, Josiel Motumisi. "An Analysis of South Africa's Compliance with its Reporting Obligations Under Selected Core Human Rights Treaties." Thesis, University of Pretoria, 2020. http://hdl.handle.net/2263/77488.
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South Africa’s peaceful transition to democracy in 1994 and its related efforts to be a champion for human rights promotion and protection are well documented. Since the advent of democracy, it has signed and ratified seven of the nine core international human rights treaties. Having overcome a history of racism and human rights violations in a peaceful manner, it assumed the status of a leading state actor in the fields of human rights and democracy. This study reveals that state compliance is complicated and that many states including South Africa grapple with reporting obligations.
This thesis contributes to the understanding that non-compliance with reporting obligations is not intentional, nor necessarily is it a result of state unwillingness to comply. It reveals that compliance gaps may arise from various factors, including state capacity and institutional effectiveness. This thesis reflects on South Africa’s compliance and reporting performance under three selected United Nations (UN) human rights treaties, namely, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights (ICCPR). The three treaties were chosen owing to the critical role they can play in deepening the understanding of human rights in the country from economic, social, civil and political, and elimination of racism perspectives. They largely mirror the Constitution of South Africa and the country’s challenges, as it continues to grapple with the legacy of racism, poverty, inequality and underdevelopment. Their combined meaning and significance in South Africa needs to be better understood and explored.
Compliance with UN human rights treaties is considered a global standard of good global citizenship. State reporting is, therefore, an important avenue to demonstrate South Africa’s compliance with its reporting obligations and commitment to human rights promotion and protection.Thesis (PhD (International Relations))--University of Pretoria, 2021.
DIRCO
Political Sciences
PhD (International Relations)
Unrestricted
19
Chembezi, Gabriel. "Traditional justice and states' obligations for serious crimes under international law: an African perspective." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1047_1361197710.
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Wettstein, Florian. "Multinational corporations and global justice : the human rights obligations of a quasi-governmental institution /." Schaan : Gutenberg, 2007. http://www.gbv.de/dms/zbw/52790354X.pdf.
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Okafor-Obasi, Obasi. "The enforcement of state obligations to respect and ensure human rights in international law." Universität Potsdam, 2003. http://opus.kobv.de/ubp/volltexte/2011/5133/.
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Content:
I. The nature and form of international law
1. The acceptance of the existence of an international legal order
2. The legal position of the individual in international law
II. Obligations of states in the protection of international human rights
1. Treaty-based human rights obligations
2. The nature of treaty-based human rights obligations
3. The ”absolute” and ”objective” character of human rights treaty obligations
4. Human rights conventions as self-contained regimes
5. The problem of characterisation of human rights obligations of states
III. Human rights obligations arising from general principles of international law
1. Obligations erga omnes and human rights norms
2. The outlawing of genocide as obligation erga omnes
3. Protection from slavery as obligation erga omnes
4. The outlawing of acts of aggression as obligation erga omnes
5. Protection from racial discrimination as obligation erga omnes
6. The basic rights of the human person as obligation erga omnes
7. Jus Cogens and the search for peremptory norms of human rights
8. International crimes and human rights norms
9. The relationship between the concepts: erga omnes, jus cogens, international crime and human rights
IV. International instruments for the coercive enforcement of state obligations to ‘respect and ensure’ human rights
1. Countermeasures as consequences of breach of treaties in international law
2. Application of reprisals for the enforcement of treaty-based human rights obligations
3. Intervention for the protection of human rights in international law
4. Intervention by the Security Council for the protection of human rights: the situation before the East-West détente
5. Humanitarian intervention after the end of the Cold War
6. The legal nature of ECOWAS intervention in the Liberian Civil War
7. The legality of NATO’s intervention in Kosovo
8. Some instances of intervention with mixed motives
V. Non-forceful measures for the enforcement of states’ human rights obligations
1. Economic and financial pressure as means of enforcing states’ obligation to respect and observe human rights
2. The application of the clausula rebus sic stantibus for the protection of human rights
3. The enforcement of human rights through the World Bank
4. The enforcement of human rights through the ILO
5. Diplomatic recognition as an instrument for securing a state's respect and promotion of human rights
6. Refusal to comply with an extradition agreement as a means of enforcing a state’s human rights obligations
7. Denial of immunity as a means of enforcing a state’s human rights obligations
8. Publicity as an instrument for the enforcement of human rights
VI. Judicial enforcement of state obligations to ‘respect and ensure’ human rights
1. Enforcement of human rights through International Criminal Tribunals
2. The International Criminal Tribunal for Yugoslavia
3. The International Criminal Tribunal for Rwanda
4. The International Special Court of Sierra Leone
Résumé
22
Perna, L. "The evolution, formation and development of the treaty rules applicable in non-international armed conflicts." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364510.
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Lennhammer, Emma. "Rights out of Reach? : Justifications of Intellectual Property Rights in Relation to the Fulfilment of Socioeconomic Human Rights." Thesis, Uppsala universitet, Teologiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-411879.
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In this thesis, three perspectives on the justification of intellectual property rights are investigated in the light of conflicting socioeconomic human rights. This is done by using a comparative method, where the perspectives chosen are reviewed through the lense of rights as legitimate claims, as well as accessibility of rights. The purpose is to review as to how the ownership of ideas and inventions can be justified in relation to the socioeconomic challenges faced in many parts of the world. The principal research question is: How can intellectual property rights be justified and how can it be evaluated against the backdrop of socioeconomic rights and moral obligations? To answer this question, I posed three sub-questions: First, how are intellectual property rights justified in the existing research chosen as an entry point for this thesis? Drawn from this, how can the justification of intellectual property rights be understood as a moral concern in a socioeconomically unequal world? Taking a cue from this, what questions need to be answered to better understand the transnational moral obligations linked to intellectual property rights? By reviewing the perspectives presented on the justification of intellectual property rights, I make three concluding statements — intellectual property rights cannot be justified in cases where they affect other individuals’ socioeconomic rights negatively; excessive benefits gained for creators is not morally reasonable; and the unequal distribution of power and opportunities in relation to transnational moral responsibilities need to be recognised.
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Messineo, Francesco. "The attribution of conduct in breach of human rights obligations during peace support operations under UN auspices." Thesis, University of Cambridge, 2012. https://www.repository.cam.ac.uk/handle/1810/252266.
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Madima, Reshoketswe. "A case study of whether South Africa's foreign policy with Zimbabwe and China is informed by its constitutional and international human rights obligations." Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32336.
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South Africa is a country that in the past has experienced gross human rights violations, and therefore has sought never again to have such violations. The government has sought to protect people's human rights by including them in the country's Constitution. Furthermore, South Africa has engaged with various international human rights bodies to further advocate for good human rights practices. However, the country has encountered some domestic challenges, with inequality and poverty being rife in the country. These challenges have implications for South Africa's economic foreign policy goals. This study explores South Africa's foreign policy with the Chinese government and the Zimbabwean government to explain why the country has chosen countries with poor human rights such as these. The research study will be centred around the period from 2008 to 2017. The offensive realism theory formed the theoretic framework of this research study. The study employed a qualitative research strategy as well as an interpretivist research paradigm. The findings show that when it comes to South Africa's foreign policy agenda, the government's goal is to establish a partnership with another country that will ultimately benefit the economic interests of South Africa, regardless of the country's human rights principles.
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Johansson, Josefin. "Holding States Responsible for National Corporates’ Extraterritorial Human Rights Violations: Possibility or Absurdity?" Thesis, Uppsala universitet, Teologiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384811.
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Almost four decades have passed since the European Court of Human Rights introduced the concept of positive obligations. Positive obligations mean that the member states must take affirmative action in order to secure the rights and freedoms provided for by the European Convention on Human Rights. Since then, the scope of positive obligations has extended tremendously, and today all substantive rights generally contain positive obligations. The reason behind the development is to maintain the full effectiveness of human rights enforcement within the European context, and it has been enabled, inter alia, through dynamic interpretation and because the European Convention on Human Rights is considered a living instrument. The fact that European companies operating transnationally, i.e. in a non-European context, sometimes through its commercial activities violates human rights has given rise to discussion in legal doctrine on whether the scope of positive obligations should be further extended so that the member states to the European Convention on Human Rights will incur state responsibility for national corporates’ extraterritorial human rights violations. Thus, the purpose of the thesis is to examine whether the European Court of Human Rights can and should proceed with such expansion. An expansion creates methodological and technical problems as it challenges the traditional notion of jurisdiction, however, it is not impossible. Whatever the European Court of Human Rights will decide to do, the thesis will provide arguments both for why home state responsibility for national corporates’ extraterritorial activities that violates human rights can and should be imposed, as well for why it is beyond its (the European Court of Human Rights) competence.
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Manasse, Brilaine Lisa. "The state’s obligation to realise the socioeconomic rights of vulnerable groups: A case study of children on the Cape Flats." University of the Western Cape, 2019. http://hdl.handle.net/11394/7030.
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Magister Legum - LLMThe Cape Flats is known for poverty, gangsterism, over population and a general lack of basic necessities. What is often overlooked is where this negative perception emanates from. Generational poverty is an existent issue and has been influential in shaping the Cape Flats to what it is today. What this study aims to do, is to provide a background on a possible theory for this typecast that accompanies the areas broadly known as the Cape Flats. The study will show how the Apartheid era created a ripple effect for future generations, and how this may be the cause of these vulnerable groups of children being failed by a system which have long forgotten about them. The study demonstrates how vulnerable groups on the Cape Flats, struggling and pleading for State intervention in the delivery of basic human rights, have fallen on deaf ears. The study further reveals that the State has not fulfilled its constitutional mandate, neither has it lived up to the enabling provisions contained in international instruments which has been adopted by the South African government, and confirms that all three spheres of government have lacked in the accomplishments it set out to achieve upon the adoption of various pieces of legislation, notwithstanding the proclamation of domestic laws to help the State realise its socioeconomic rights obligations. The study was a particularly challenging task to undertake, as research topics on the issue of socioeconomic rights realisation on the Cape Flats is not a well-studied subject. The intention behind the study is to make an important contribution towards awareness of the issue under discussion, paving the way for future knowledge sharing and an open dialogue focusing on the role of the State in the realisation of socioeconomic rights of children on the Cape Flats.
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Bielen, Carter. "International Obligations and the International Criminal Court: An Analysis." Thesis, Boston College, 2013. http://hdl.handle.net/2345/3021.
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Thesis advisor: David RasmussenThis thesis begins by analyzing three different philosophies on human rights. It looks to the foundations of these theories, but focuses primarily on the obligations that each system creates. It evaluates cosmopolitanism and two different institutionalist arguments, eventually settling on a tiered system of international responsibility as the strongest and most practical conception of rights. The second chapter of the thesis discusses the role of the International Criminal Court as a part of this tiered system, and as a means to promote human rights across the globe. This section evaluates the court by considering its historical foundations, its goals and responsibilities, and its actions over the past ten years. It concludes by providing recommendations for the future of the court
Thesis (BA) — Boston College, 2013
Submitted to: Boston College. College of Arts and Sciences
Discipline: College Honors Program
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Glarou, Despoina [Verfasser]. "The Impact of Naturalistic and Legal Positivist Doctrines on the Implementation of International Human Rights Treaty Law : The Case of Reservations to Human Rights Treaties / Despoina Glarou." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2017. http://d-nb.info/1126262722/34.
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Schulz, Sebastian. "Anne F. Bayefsky: How to Complain to the UN Human Rights Treaty System / [rezensiert von] Sebastian Schulz." Universität Potsdam, 2004. http://opus.kobv.de/ubp/volltexte/2011/5567/.
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CONCONI, MARTA. "BUSINESS AND HUMAN RIGHTS: TOWARDS GREATER RESPONSIBILITY OF BUSINESS ENTERPRISES AND ACCESS TO REMEDIES IN A LEGALLY BINDING TREATY?" Doctoral thesis, Università Cattolica del Sacro Cuore, 2018. http://hdl.handle.net/10280/40678.
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La tesi esamina questioni relative alla responsabilità delle imprese e all'accesso alla giustizia per vittime di violazioni dei diritti umani, commesse da imprese, per suggerire misure e proposte da inserire in un trattato giuridicamente vincolante in materia di imprese e diritti umani, la cui negoziazione è attualmente in corso sotto l'egida del Consiglio per i Diritti Umani. Conformemente alla Risoluzione 26/9 del Consiglio per i diritti umani, un gruppo di lavoro intergovernativo è stato incaricato di elaborare uno strumento internazionale giuridicamente vincolante per regolamentare, nel diritto internazionale dei diritti umani, le attività delle imprese multinazionali e altre imprese.
Ricostruendo il background storico (Capitolo 1) e il percorso che ha condotto all’adozione della Risoluzione 26/9 (Capitolo 2), la tesi analizza alcune delle questioni ancora aperte in materia, partendo dalla responsabilità delle imprese e se queste possiedano personalità giuridica internazionale e di conseguenza se le imprese possono essere considerate duty-bearers nel futuro trattato (Capitolo 3). In secondo luogo, la tesi analizza la questione di come migliorare l'accesso alla giustizia per le vittime di violazioni dei diritti umani e superare ostacoli esistenti (Capitolo 4). Infine, sono proposte alcune alcune misure e modelli di riferimento da considerare nel futuro trattato, al fine di colmare alcune delle lacune ancora esistenti in materia.The thesis examines key issues relating to the responsibility of business entities and access to justice for victims of business-related human rights violations, to suggest measures and proposals to be incorporated in a prospective legally binding treaty on business and human rights, whose negotiation and drafting is in progress under the aegis of the UN Human Rights Council. Under the terms of Human Rights Council Resolution 26/9, an Open-Ended Intergovernmental Working Group was mandated to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. After recalling the historical background (Chapter 1) and the process leading to the adoption of Resolution 26/9 (Chapter 2), the thesis analyses the outstanding issues regarding the responsibility of business enterprises and whether corporations may potentially be considered as duty-bearers in the prospective binding treaty (Chapter 3). The thesis turns to the question about how to overcome existing barriers and improve access to justice and judicial remedies for victims of business-related human rights abuses (Chapter 4). The thesis concludes with measures and models of reference to be considered in the prospective treaty, to close the so called “accountability and governance” gaps.
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Beattie, Amanda Russell. "Obligations of love : international political thought & the tradition of natural law." Thesis, St Andrews, 2008. http://hdl.handle.net/10023/536.
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Kaf, Yasmine, and Norman Nine Karlsson. "Enforcing the European Convention on Human Rights and Fundamental Freedoms through Positive Obligations : A Study of Domestic Violence and Human Trafficking." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-46129.
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Thomson, Gemma. "To what extent do South Africa and Scotland comparatively respect, protect and fulfill children's rights in the context of youth justice and in light of their international and regional obligations?" Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20808.
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Juvenile justice is a core facet of international child law aimed at protecting children who come into conflict with the law. The international and regional juvenile justice frameworks outline the standards expected of States party to the international instruments. Both South Africa and Scotland are obligated to adhere to these rules and principles by way of creation and implementation of domestic laws in furtherance of a child-centered approach to justice. This dissertation analyses the effectiveness of both national systems and assesses the extent to which they respect, protect and fulfill children's rights in the context of international child law. This study also aims to highlight areas in which South Africa and Scotland fail to meet the prescribed standards and proposes various recommendations in order to do so more effectively.
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Tadeg, Mesenbet Assefa. "The right to development as a normative framework for the human rights obligations of International Financial Institutions." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8062.
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Discusses the human rights obligations of International Financial Institutions and suggests different human rights accountability mechanisms through the Right to Development paradigmThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
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 Prof. Jaap de Visser, Faculty of Law, University of Western Cape, South Africa
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Lukhozi, Sipho Michael. "Dual obligations in clinical forensic medicine." Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/86537.
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Thesis (MPhil)--Stellenbosch University, 2014.ENGLISH ABSTRACT: This thesis discusses ethical dilemmas faced by district surgeons in South Africa. District surgeons render clinical forensic services, which means that they deal mainly with detainees and victims of crime. The main functions of district surgeons are the collection of forensic evidence from patients and the care of detainees. So the focus is to assist in the administration of justice rather than improvement of patient wellbeing. The district surgeon may therefore find himself in a situation where patients’ interests are in conflict with those of law enforcement agencies. Being a medical practitioner in clinical forensic medicine, the district surgeon has an obligation to assist in the administration of justice, as opposed to the traditional obligation to care for patients and put patient’s interests first. This allegiance to both administration of justice as well as patient wellbeing lead to an ethical dilemma of dual loyalties. A dual obligations presents an ethical dilemma for the district surgeon, especially if they are in conflict and mutually exclusive. I discuss the detention and subsequent death of Steve Biko to illustrate how dual obligations can lead to serious human rights violations and even death. Dual obligations are however not limited to detainees and police custody settings, and I demonstrate this by discussing three other scenarios commonly encountered by district surgeons. There is a lack clear guidance for district surgeons who are faced with a conflict of obligations. I explore several ethical theories including consequentialism, deontology and virtue ethics, in search of an ethical framework suitable for resolving conflicts in clinical forensic medicine. I therefore argue that a duty based ethical framework is central to clinical forensic medicine and the resolution of loyalty conflicts. I recommend the resolution of conflicts by using an approach developed by Benjamin (2006). This approach involves weighing -up the different duties in conflict, applying philosophical reasoning and then amelioration. By adopting a structured and wellreasoned ethical framework, district surgeons will be able to deal with conflicts of obligations better.
AFRIKAANSE OPSOMMING: Hierdie tesis bespreek etiese dilemmas wat in die gesig gestaar word deur distriksgeneeshere in Suid-Afrika. Distriksgeneeshere lewer kliniese forensiese dienste, wat beteken dat hulle handel hoofsaaklik oor die gevangenes en slagoffers van misdaad. Die belangrikste funksies van distriksgeneeshere is die insameling van forensiese getuienis van pasiënte, en die sorg van gevangenes. Met hierdie benadering is die fokus om te help met die administratiewe doeleindes van geregtigheid, eerder as die verbetering van die pasiënt se welstand. Die distriksgeneesheer kan hom dus in 'n situasie vind waarby die pasiënte se belange in konflik is met dié van wetstoepassingsagentskappe. As 'n geneesheer in kliniese forensiese geneeskunde, het die distriksgeneesheer 'n verpligting om te help met die administrasie van geregtigheid, in teenstelling met die tradisionele verpligting om te sorg vir hul pasiënte, en hul welstand eerste te plaas. Hierdie getrouheid gaan gepaard met beide regspleging, sowel as die welstand van die pasiënt, wat kan lei tot 'n etiese dilemma van dubbele lojaliteit. Dubbele verpligtinge bied 'n etiese dilemma vir die distriksgeneesheer, veral as hulle in konflik en wedersyds uitsluitend is. Ek bespreek die aanhouding en die daaropvolgende dood van Steve Biko om te illustreer hoe dubbele verpligtinge kan lei tot ernstige skending van menseregte en selfs die dood. Dubbele verpligtinge is egter nie beperk tot die gevangenes en polisie-aanhouding instellings nie, en ek demonstreer dit deur die bespreking van drie ander “scenario's” wat oor die algemeen eervaar word deur distriksgeneeshere. Daar is 'n gebrek aan duidelike riglyne vir distriksgeneeshere wat 'n botsing van verpligtinge in die gesig staar. Ek verken verskeie etiese teorieë insluitende konsekwensialisme, deontologie en deugde-etiek, op soek na 'n etiese raamwerk geskik vir die oplossing van konflikte in kliniese geregtelike geneeskunde. Ek argumenteer dus dat 'n pligsgebaseerde etiese raamwerk sentraal is tot kliniese forensiese geneeskunde, en die resolusie van lojaliteit konflikte. Ek beveel die oplossing van konflikte deur die gebruik van 'n benadering wat ontwikkel is deur Benjamin (2006). Hierdie benadering behels 'n gewigsoorweging tussen die verskillende pligte in konflik, die toepassing van filosofiese redenasie en verbetering. Deur die aanneming van 'n gestruktureerde en beredeneerde etiese raamwerk, sal distriksgeneeshere dus in staat wees om konflikte van verpligtinge beter te hanteer.
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Almakky, Rawa Ghazy. "The League of Arab States and the protection of human rights : a legal analysis." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/11067.
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The United Nations has created an abundance of human rights treaties and declarations over the decades to promote a culture of human rights and to set normative provisions of human rights standards for all states to follow. This broad effort is supplemented by the work of regional human rights organisations, which aim to ensure implementation of these fundamental precepts, and to enhance its work to suit its regional circumstances, offering a protective source of jurisprudence at the domestic level. One such organisation, which this thesis examines, is the Arab League. In critically examining the history and the work of the Arab League, the study highlights the deficiencies in promoting and protecting human rights. In this context, this thesis critically examines the Arab League’s development and relationship with the wider international human rights apparatus. It provides a comprehensive overview of the system of the United Nations and its specialised organs that with the resolutions adopted helped the League establish its own regional human rights systems. It traces the history of the application of international human rights discourse in the Arab world. Accordingly, an attempt is made to conceptualise the universality of human rights in the region and the impact of the Shariah discourse. It then attempts to provide an analytic description of the Arab League and background to the region and undertakes an in-depth critical analysis of the structure of the League and assesses its impact in the region, all of which may have incentives to the League’s attempt to institutionalise, promote and protect human rights. The study considers the efforts made by the Arab Permanent Commission on Human Rights and its specialised agencies that ultimately led to the adoption of the Arab Charter on Human Rights (1994). After examining the limitations of the Commission and its work, the scope and structure of the revised Arab Charter on Human Rights (2004) is critically analysed. The study also examines and evaluates the legislative framework of the Arab Human Rights Committee (the Charter’s enforcement mechanism as per Art.45). A case study of the Syrian Arab Republic and the analysis of continuing violations of human rights in the region illustrate the deficiencies and limitations of the Arab League as a regional organisation.
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Torres, María del Rosario Ponce de León. "Human rights implementability methodology to help states parties bound by the ICESCR and other UN instruments to comply with their human rights obligations : the human right to drinking water and the situation in Mexico." Thesis, Lancaster University, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.618727.
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The living conditions of the poor people of the world have been deteriorating despite the agreements of the 1948 Universal Declaration of Human Rights. Humanity is facing growing poverty; famines; pandemic illnesses; environmental disasters; violence; torture; corruption of governments; and lack of democracy. to enunciate some of all the problems, despite the agreements of the 1966 International Covenants of Civil, Political, Economic, Social and Cultural Rights. The separation of human rights preserved in the UDHR in two human rights covenants, and the vagueness of their wording are identified as difficulties faced by States parties of human rights covenants and treaties to comply with their obligations of realising human rights. New ideas and ways to help them reach these objectives are needed. This thesis contributes with Human Rights Implementability methodology to help States Parties bound by the ICESCR and other UN instruments to comply with their human rights obligations by following the identified economic, political and social factors and difficulties blocking the realisation of human rights assessed in the concluding observations of the HR Covenants Committees and UN Treaty Bodies. Relevant human rights and non-human rights documents -covenants, declarations, resolutions, guidelines, reports and recommendations- adopted by the United Nations, international organisations, international events and NGOs are critically read under the principles of: International Law, International Human Rights Law, Rights-Based Approach to Development, and Critical Theory. Their wording will be scrutinised in the light of the realisation of human rights. Particularly, humanity is suffering growing water scarcity and the human right to drinking water has hardly agreed by an UN General Assembly Resolution in 2010. The translation of recommendations into feasible actions will help Mexican Government further the particular realisation of the human right to drinking water.
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Berg, Jaclyn. "From Freedoms and Rights to Responsibilities and Obligations: an Argument for a Radical Shift in the Language of Human Development and Social Justice Discourse." OpenSIUC, 2018. https://opensiuc.lib.siu.edu/theses/2395.
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My thesis focuses on demonstrating the limits of the human development approaches of Amartya Sen and Martha Nussbaum. While both offer excellent criticisms of the problems inherent in economic- or income-centered approaches to development, the framework of freedoms and capabilities from which they argue is too limited in identifying responsibilities and obligations to others. Thus, their approaches cannot sufficiently be used to transform the economic, social, and political structures that have caused and maintain the social justice issues they seek to address. In order to achieve universal recognition of the essential right of every individual to be free and able to live a life of value and human dignity, it is first necessary that people desire such recognition for others, not only themselves. Since the fulfillment of entitlements necessary for living a full and happy life essentially require institutions, governments, and numerous other socially-based public actions to secure them, the recognition of individual responsibilities and obligations is fundamental to being able to realize freedoms, rights, and capabilities. Therefore, I argue that the transformation from economic-centered to freedom- or capability-centered development processes must be grounded in responsibility and concern for others. What is needed is not an approach that is merely more of the same – freedom, liberty, rights – but instead a radical transformation of the moral and ethical values of society, which cannot be brought about without a shift, not just in the focus, but in the language of approaches to human development and social injustice.
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Chow, Pok Yin Stephenson. "An analysis of the protection of cultural rights in the context of the United Nations Human Rights treaty-bodies : could it benefit from an anthropological approach?" Thesis, University of Nottingham, 2014. http://eprints.nottingham.ac.uk/14305/.
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Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. As contemporary anthropologists began to understand ‘culture’ as the fluid and ubiquitous narratives that are shifting and sometimes contested, does it still make sense to speak of culture in the context of human rights? If so, what kind of State obligations does this understanding entail? This thesis explores the issue whether the United Nations human rights treaty-bodies jurisprudence is sufficient in protecting the cultural rights of groups and individuals. To achieve this, the present thesis analyses the works of the treaty-bodies on the scope of cultural rights protection and how the treaty-bodies impose limitations on cultural rights. Borrowing from contemporary anthropological knowledge on culture, this thesis demonstrates how the work of the treaty-bodies has failed to acknowledge culture as competing discourses of power and has failed to address potential violations on cultural rights which accompany discourse production as individuals and community struggle over meanings. It also demonstrates how the treaty-bodies, when applying limitations on cultural rights, adopt an highly essentialised notion of culture which sets up culture and gender as fundamentally opposite positions and obscures the question on individual agency in cultural practices. To solve the above difficulties, this thesis argues that, in the context of protecting cultural rights, the treaty-bodies must look beyond the cultural text and must seek to understand the power relations which underpin the production of meaning. In the context of limiting cultural rights, treaty-bodies should begin their assessment by understanding how discourses are produced, reproduced, experienced and resisted, and how these processes impact women emotionally and practically. Concrete steps to accommodate these perspectives are also considered.
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Salam, Abdallah. "Perfect and imperfect rights, duties and obligations : from Hugo Grotius to Immanuel Kant." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:882da778-1126-4909-b38b-5ada51cc8e78.
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In this doctoral thesis, Kant's distinction between perfect and imperfect duties is examined. The thesis begins with an exploration of how the distinction originates and evolves in the writings of three of Kant's most prominent natural law predecessors: Hugo Grotius, Samuel von Pufendorf, and Christian Wolff. The thesis then moves on to Kant's own writings. It is argued that Kant draws the perfect-imperfect distinction in as many as twelve different ways, that these ways are not entirely consistent with one another, and that many of them, even taken by themselves, do not hold up to scrutiny. Furthermore, it is argued that Kant's claim that perfect duties always trump imperfect duties - which can be referred to as "the priority claim" - is not actually supported by any one of the ways in which Kant draws the perfect-imperfect distinction. After this critical reading of Kant's writings, the thesis then switches gears and a more "positive" project is attempted. It is argued that the perfect-imperfect distinction, even though it does not support the priority claim, is not altogether normatively neutral or uninteresting. In particular, for some of the ways in which the distinction is drawn, it is shown that the distinction yields the following normative implication: Sometimes perfect duties override imperfect duties and all other times there is no priority one way or the other. Finally, it is explained that this normative implication - which can be referred to as the "privilege claim" - translates into the following practical directive: When there is a conflict between a perfect duty and an imperfect duty, sometimes one must act in conformity with the former duty and all other times one is free to choose which of the two duties to act in conformity with. This practical directive represents the ultimate finding of this thesis.
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Ndesi, Odwa. "Meeting obligations but failing hopes? An investigation into South Africa’s obligation to realise the Human right to sanitation in Rural schools." University of Western Cape, 2019. http://hdl.handle.net/11394/7585.
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Magister Legum - LLMIn South Africa, notwithstanding 25 years into democracy, the constitutional commitment to socio-economic transformation of post-apartheid South Africa remains unfulfilled and unrealized by the vast majority of its people. The quality of education and access to adequate sanitation in South Africa are issues not exempt from the injustices of apartheid and its consequences of entrenched inequalities and differentiated access to socio-economic rights and privileges. Rural schools or townships have been characterized by unreliable access to water and unsafe pit latrines, or children practising open defecation. And tragically, there have been a series of loss of life due to children drowning in open pit toilets on school property.
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Al-Hattawi, Mohammad Saeed Has. "Arrest and provisional detention : the obligations of the UAE under Article 14 of the Arab Charter on Human Rights." Thesis, University of Leicester, 2013. http://hdl.handle.net/2381/28191.
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This thesis explores the compatibility of UAE law on arrest and provisional detention with Article 14 ArCHR. Given the lack of any report by the UAE on the measures which they have taken to give effect to the rights recognised in the ArCHR and the absence of effective institutions under the ArCHR to provide authoritative interpretation of the Charter’s Articles, this thesis advances an interpretation of Article 14, drawing on the interpretation of Article 9 ICCPR under the HRC and Article 5 ECHR under ECtHR. In the case of the ICCPR, this is because the wording is similar and it is a universal instrument to which some parties to the Arab Charter are also parties. In the case of the ECHR, it is because the words are similar and the Strasbourg Court has considered aspects of the interpretation and application of those provisions in a number of contexts. This considered interpretation will be of assistance to decision makers in the UAE and other parties to the ArCHR. This thesis’ key finding is that, while UAE law on arrest and provisional detention is compliant with Article 14 ArCHR or, arguably, so in many respects, there are other incompatible aspects. In particular, the Public Prosecutor, rather than a court deciding some key matters means that UAE law fails to comply with the right to be brought promptly before a judge or other judicial officer and the right to have the lawfulness of the arrest or detention decided quickly by a court. Accordingly, it recommends that the UAE achieves compliance by requiring that the above-mentioned procedures are best undertaken by a court. This is guided by the UK system because of the ways in which it complies with the requirements of the ECHR provides lessons for the UAE’s implementation of Article 14 ArCHR.
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Royal-Dawson, Lucy. "Meeting human rights obligations in a situation of conflict : the right to higher education in the occupied Palestinian territories." Thesis, Queen's University Belfast, 2016. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709813.
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The study examines the realisation of the right to higher education in the occupied Palestinian territories. It develops an analytical framework for the protections afforded to higher education by the international human rights conventions and applies it to the context. Despite being under Israeli occupation since 1967, higher education in the occupied territories has developed into a sophisticated sector and is entirely administered by Palestinian authorities. However, it is hampered by the impact of the occupation regime. As occupier, Israel is understood to hold obligations for the humanitarian protection of the Palestinian population of the occupied territories, and both Israel and the Palestinian National Authority are understood to be accountable for the human rights of the Palestinian population, thereby instituting two duty-bearers. The study assesses the ways in which higher education is obstructed in the occupied Palestinian territories. It indicates a flourishing sector which is accorded a deep social value. It confirms many of the reported obstacles to the realisation of the right resulting from the Israeli occupation, but it also records obstacles arising from the policies and practice of Palestinian higher education institutions and the social and cultural context. Attempting to attribute obligations for the right to one or both of the duty-bearers indicates the contingency between the actions of the occupier and the efforts of the Palestinian authorities to realise the right. While some breaches are clearly attributable to one side or the other, others are not. Actions to mitigate the effects of the occupation give rise to additional, separate breaches, as do interactions between the occupation regime and cultural practice. The obstacles reported in the study give substance to higher education formulated as a human right. The study adds to the understanding of breaches of economic, social and cultural rights in a situation of military occupation.
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Waldman, Lorne. "The limits on a state's right to exclude and expel non-citizens under customary international and human rights treaty law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ54071.pdf.
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Musungu, Sisule Fredrick. "The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement." Diss., University of Pretoria, 2001. http://hdl.handle.net/2263/931.
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"The implementation of the TRIPS Agreement, within the wider context of globalisation, has brought about a conflict between the obligation of states to promote and protect health and the achievement of economic goals pursued under the WTO regime. Since trade is the driving engine of globalisation, it is imperative that, at the very least, rules governing it do not violate human rights but rather promote them. The problem of IP and the right to health therefore lies in ensuring that the integration of economic rules and institutional operations in relation to IPRs coincide with states’ obligations to promote and protect public health. ...
This study centres on the specific debate about health and IPRs in the context of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the WTO rules on IP protection. In terms of a human rights approach to the TRIPS Agreement, the ICESCR has been chosen for several reasons. First, the ICESCR specifically recognises both the right to health and the right to the protection of inventions in clearer terms than any other human rights instrument. Secondly, at least 111 of the state parties to the ICESCR are also members of the WTO including a large number of developing countries. Thirdly, if one sees the ICESCR as a vehicle for the fulfilment of the obligation to promote and protect human rights under the United Nations Organisation’s (UN) Charter, it can be argued that in line with article 103, the implementation and interpretation of TRIPS by all UN members states must take into account basic human rights. However, even with primary focus being on the ICESCR, most of the discussion on practical issues will focus on the experiences in Sub-Saharan Africa because the inequalities and problems of access to health care are most dramatically played out in this part of the world.
The objective of the study is to examine the relationship between the obligation of states to progressively realise and guarantee the right to health, and the IP rules under the TRIPS Agreement. The specific objective is to examine the relationship between the exceptions under the TRIPS Agreement and the obligation to protect health and the identification of a consistent way of achieving a convergence between the implementation and interpretation of the rules of the two regimes in the area of health." -- Chapter 1Mini Dissertation (LLM)--University of Pretoria, 2001.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Mashego, Katlego Arnold. "Examining the link between economic development and the enforcement of socio-economic rights in Africa: A case study of South Africa and Nigeria." University of Western Cape, 2021. http://hdl.handle.net/11394/8333.
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Magister Legum - LLMThis year marks 57 years since Organisation of African Unity (OAU) was formed on 25 May 1963 in Addis Ababa, Ethiopia. This year also marks 18 years since the African Union (AU) was formed on 9 July 2002 in Durban, South Africa. This year further marks 39 years since the adoption of the African Charter on Human and Peoples’ Rights (African Charter) was adopted on 27 June 1981 in Nairobi, Kenya. This was recorded as historic step towards the protection of human rights in Africa.
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Khalfan, Ashfaq. "State obligations beyond borders relating to economic, social and cultural rights : legal basis, extent and implications for development cooperation." Thesis, University of Oxford, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669753.
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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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Le, Bonniec Nina. "La procéduralisation des droits substantiels par la Cour européenne des droits de l'homme : Réflexion sur le contrôle juridictionnel du respect des droits garantis par la Convention européenne des droits de l'homme." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD013.
Full textAbstract:
La procéduralisation des droits substantiels est un phénomène désormais incontournable du système conventionnel qui ne cesse de se développer et de s’étendre. Néologisme d’origine doctrinale, cette notion semble pourtant difficilement saisissable. La procéduralisation des droits substantiels appelle en ce sens différentes interrogations liées tant à sa définition qu’à sesimplications pour le mécanisme conventionnel. Que désigne cette notion complexe et hétérogène ? Comment le juge a-t-il réussi à la mettre en place alors que ce procédé était initialement totalement absent du texte de la Convention ? À quoi est-elle destinée ? L’hypothèse retenue est que la procéduralisation des droits substantiels est une technique juridique spécifique au sein du mécanisme conventionnel, qui permet au juge d’atteindre une meilleure effectivité des droits. Toutefois, loin d’être limitée à ce seul cadre, la procéduralisation s’avère inscrite au contraire dans une dimension beaucoup plus vaste touchant à des aspects institutionnels en étant au service de la réalisation d’un projet politique particulierThe “procéduralisation” - or procedural processing - of substantial rights has become an unavoidable phenomenon in the conventional system and it keeps growing and spreading. Originally a doctrinal concept, this neologism seems somehow hard to grasp. The “procéduralisation” of substantial rights raises many questions about both its definition and implications for the conventional process. What is this complex and heterogeneous notion refering to ? How did the judge succeed to establish it, whereas this process was initially totally ignored by the European Convention ? What is it intended for ? We argue that the “procéduralisation” of substantial rights is a specific legal technique in the European case law, which enables the judge to achieve a better effectiveness for the rights. Nevertheless, the “procéduralisation” is not bounded inside this framework, but has proven on the contrary to fit into a much wider dimension related to institutional questions, being dedicated to the fulfilment of a specific political project