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Dissertations / Theses on the topic 'International Covenant on the Rights of the Child'

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Published: 25 July 2024
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1

Keith, Linda Camp. "The Law and Human Rights: Is the Law a Mere Parchment Barrier to Human Rights Abuse?" Thesis, University of North Texas, 1999. https://digital.library.unt.edu/ark:/67531/metadc2247/.

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This study is the first systematic global analysis of the impact of law on human rights, analyzing the impact of twenty-three constitution provisions and an international covenant on three measures of human rights behavior, over the period of 1976-1996. Three sets of constitutional provisions are analyzed, including 1) ten provisions for individual freedoms and due process rights, 2) nine provisions for elements of judicial independence and 3) four provisions that outline procedures for states of emergency. Additionally, the impact of the International Covenant on Civil and Political Rights on actual human rights behavior is analyzed. Each of these areas of law are evaluated individually, in multiple models in which different elements vary. For example, some models control for democracy with different measures, others divide the data into the Cold War and post-Cold War eras, and some test constitutional indices. Finally, all provisions are simultaneously analyzed in integrated models. Provisions for fair and public trials are consistently shown to decrease the probability of abuse. An index of four freedoms (speech, religion, association, and assembly) decreases the probability of abuse somewhat consistently. Three of the provisions for judicial independence are most consistent in reducing the probability of abuse: the provisions for exclusive judicial authority, for the finality of judges' decisions, and banning exceptional courts. Two of four states of emergency provisions decrease abuse as international lawyers have argued: the provisions for legislative declaration of the emergency and the ban against dissolving the legislature during an emergency. However, two of the provisions are shown to hurt human rights practices: the duration and the derogation provisions. The International Covenant on Civil and Political Rights does not demonstrate a statistically significant impact. While the performance of the constitutional provisions is less than legal scholars would hope, their combined impact over time are shown to be quite large, relative to the impacts of other factors shown to affect human rights abuse.
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2

McGoldrick, Dominic. "Human Rights Committee : its role in the development of the international covenant on civil and political rights /." Oxford : Clarendon press, 1994. http://catalogue.bnf.fr/ark:/12148/cb373129241.

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3

McGoldrick, Dominic. "The practice and procedure of the Human Rights Committee under the International Covenant on Civil and Political Rights." Thesis, University of Nottingham, 1988. http://eprints.nottingham.ac.uk/11742/.

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This thesis examines the practices and procedures of the Human Rights Committee, the body established under the International Covenant On Civil And Political Rights (ICCPR) (1966). Chapter 1 examines the origins of the ICCPR, the principal drafting issues that arose, and the significance of the ICCPR in international law. Chapter 2 examines the organisation and the institutional characteristics of the Human Rights. Committee. Chapter 3 examines and evaluates the practices and procedures of the Human Rights Committee under the reporting procedure in article 40 ICCPR. Chapter 4 examines and evaluates the practices and procedures of the Human Rights Committee under the provisions for individual communications in the Optional Protocol to the ICCPR. Chapters 5-12 examine the jurisprudence of the Human Rights Committee under the reporting procedure (article 40) and the Optional Protocol in respect of selected articles of the ICCPR. Chapter 5 considers article 1 (self-determination). Chapter. 6 considers article 2 (general obligations to respect and ensure the rights in the ICCPR, to give effect to it, and to provide a remedy in the event of violation). Chapter 7 considers article 4 (derogation provision). Chapter 8 considers article 6 (right to life). Chapter 9 considers article 7, (torture and other prohibited treatment and punishment), and, in part, article 10 (treatment of persons deprived of their liberty). Chapter 10 considers article 14 (fair trial). Chapter 11 considers article 19 (freedom of opinion and expression). Chapter 12 considers article 20 (war propaganda and advocacy of national, racial or religious hatred). Chapter 13 provides a general appraisal of the the work of the Human Rights Committee.
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4

Craven, Matthew C. R. "The international covenant on economic, social, and cultural rights : a perspective on its development /." Oxford : Clarendon, 1995. http://www.gbv.de/dms/spk/sbb/recht/toc/278681859.pdf.

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5

Craven, Matthew C. R. "The International Covenant on Economic, Social and Cultural Rights : a perspective on its development." Thesis, University of Nottingham, 1992. http://eprints.nottingham.ac.uk/11441/.

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The International Covenant on Economic, Social and Cultural Rights entered currently has 118 States Parties and has been in force for 17 years. Over the past five years, the implementation of the Covenant has come under the supervision of the Committee on Economic, Social and Cultural Rights. Unlike its predecessort, the Sessional W orking Group, the Committee has taken its supervisory role seriously such that it has begun to develop both the substance of the Covenant and the implementation procedures. This study, based principally upon the work of the Committee on Economic, Social and Cultural Rights, discusses a number of aspects in which the substance of the Covenant and its supervision procedures may be seen to have been developed. Chapter 1 traces the roots of economic, social and cultural rights and outlines their codification in the Universal Declaration of Human Rights, and later the Covenant, following the end of the Second World War. Significant aspects of the drafting process are analysed in detail. Chapter 2 discussest he nature and scope of the State obligations under the Covenant as regards the implementation of the rights. Particular emphasis is given to the terms of article 2(1) and how they have been interpreted in the work of the Committee. Chapter 3 analyses, primarily from a theoretical standpoint, the manner and degree to which the terms of the Covenant may be given "direct effect", or in other words, relied upon directly in domestic courts. Chapters 4 to 8 address particular articles within the Covenant and considers the interpretation given to them by the Committee. Chapter 4 deals with article 2(2) (and to a lesser extent article 3) concerning non-discrimination; Chapter 5 deals with article 6 concerning the right to work; Chapter 6 deals with article 7 regarding the right to just and favourable conditions of work; Chapter 7 deals with article 8 concerning rights related to trade unions; and Chapter 8 deals with article 11 concerning the right to an adequate standard of living and, in particular, the rights to food and housing. In each case, an attempt is made to evaluate the Committee's approach to each article and assess the possibilities for future development. Chapter 9 addresses the emergence, role and working methods, of the Committee as a human rights supervisory body. Particular consideration is also given to the problems encountered and the Committee's future prospects. Chapter 10, as the concluding chapter, draws together the observations made in earlier chapters and attempts to make an evaluation of the present and future utility of the Covenant as a mechanism for the promotion and protection of economic, social and cultural rights.
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6

Dowell-Jones, Mary. "Contextualising the International Covenant on Economic, Social and Cultural Rights : assessing the economic deficit." Thesis, University of Nottingham, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.246409.

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7

Jiang, Na. "China and international human rights : capital punishment and detention for re-education in the context of the International Covenant on Civil and Political Rights." Thesis, Durham University, 2006. http://etheses.dur.ac.uk/2581/.

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In the evolution of international human rights law, the ICCPR and other international instruments impose on State parties human rights obligations regarding the death penalty and prohibition of forced labour. China ratified a series of human rights instruments and is expected to ratify the ICCPR. There remain problems for China what international human rights obligations might mean and how far its practice departs from them. This thesis focuses on harsh punishments relating to such obligations that China might not reserve in order to explore legal consequences of accepting them and assess the relevant Chinese law, its capability of the ratification of the ICCPR. As a member of the United Nations, China should undertake not to embark on a gross violation of any human rights obligations on capital punishment pursuant to customary international law. It also should observe treaty obligations that it accepted regarding capital punishment and forced labour as a party to the CAT, CRC, CERD, GC3, GC4, PAI, PA2, ICESCR, ILO 100, ILO 122 and ILO 182. These treaty standards would not be abused by individual or systematic abuses with precise implementation measures. In China, many aspects of its legislation and practice appear to conform to the requirements of the death penalty and forced labour provided in the ICCPR, to which China has not yet been a party. However, some substantive and procedural guarantees concerned appear to be breached as part of human rights obligations that China should undertake, even if not accepting the ICCPR. In the implementation of these harsh punishments, freedoms from torture and other inhuman treatment are also likely to be violated. These appear to deviate from China’s present official policies concerned and breach its relevant human rights obligations. The relationship between China's present practice and international standards tends to indicate the long course of its human rights progress. It is desirable for Chinese judges to take into account the relevant human rights standards in any sentencing decision at the discretion of them.
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8

Hardowar, Rishi Kumarsingh. "Improving domestic enforcement of socio-economic rights through international law : ratification of the International Covenant on Economic, Social and Cultural Rights by South Africa." Thesis, University of Pretoria, 2009. http://hdl.handle.net/11394/3220.

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9

Khumalo, Tridah Pardon. "The Ratification of the International Covenant on Economic, Social and Cultural Rights in South Africa." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46228.

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10

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.
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11

Tooze, Jennifer A. "Identification and enforcement of social security and social assistance guarantees under the International Covenant on Economic, Social and Cultural Rights." Thesis, University of Nottingham, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.246933.

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12

Rippenaar, Shéan Jamie. "The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing." University of the Western Cape, 2018. http://hdl.handle.net/11394/6828.

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Magister Legum - LLM
Access to adequate housing is an important socio-economic right and is of central importance for the enjoyment of all rights. The right to access adequate housing is viewed as a fundamental human right and has been described in both International Law and by the South African courts as being essential to the dignity of human beings. Access to adequate housing thus plays an important part in ensuring human dignity for all persons. It is also one of the key elements needed to ensure that all persons have access to an adequate standard of living. Access to adequate housing further plays a vital role in maintaining and improving the lives of all people as it provides both security and shelter. In modern day South Africa, access to adequate housing is held in very high regard. This is evident in the recognition it has received in the National Development Plan as two of the fourteen outcomes of the plan are to ensure that “all people are and feel safe” and “sustainable human settlements and improved quality of household life.” The drafters of the South African Constitution recognised the importance of access to adequate housing as provision was made for the right to access adequate housing in the Final Constitution in section 26. In considering the report submitted by South Africa, the United Nations Committee on Economic, Social and Cultural rights indicated (hereinafter referred to as the “Committee on ESCR”) the housing landscape in South Africa continues to be divided as a result of the past and that the apartheid spatial divide continues to dominate the landscape. Viljoen notes that despite numerous attempts to transform the housing regime from one which was grossly discriminatory to a welfare-orientated legal system that functions under the auspices of the rights and values entrenched in the Constitution of the Republic of South Africa the poorest households in South Africa remain subject to not only a lack of access to housing but also intolerable housing conditions. He writes further that the judicial enforcement of the right to access adequate housing is a difficult, complex and multi-layered issue with which the courts have been grappling for some time. An examination of the housing rights jurisprudence reveals that housing rights and access to adequate housing has been one of the most fiercely contested and frequently litigated topics in the country. The jurisprudence also shows that housing is an area where much legislative, policy and infrastructure progress has been made.
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13

Rammule, Lorato Felicity. "International parental child abductions - remedial mechanisms within the African Human Rights System." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5842.

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The purpose of this research is to look for a legal basis which a parent whose child has been abducted can retrieve his child. The Hague Convention deals with the question of parents who abduct their own children and take them to foreign countries. Discusses to what extent the African Human Rights System can complement the mechanism provided by the Hague Convention. The significance of this study is that it captures a seemingly harmless act for what it truly is.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
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 Associate Professor John-Jean Barya of the Faculty of Law, University of Makerere, Uganda.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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14

Mbazira, Christopher. "The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/1062.

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"It is submitted that South Africa presents the African Commission on Human and Peoples' Rights (the Commission) and the African Court on Human and Peoples' Rights (the Court) with inspiration to draw from on how social-economic rights can be protected. Issues of locus, defining the state's obligations, effective remedies and their enforcement can be drawn from. However, it is impossible to transpose a domestic system directly into the regional system. It is also submitted that South Africa's Constitution and jurisprudence is not without criticisms as assessed against the backdrop of international human rights law. In this respect the United Nations Committee on Economic, Social and Cultural Rights (the Committee) offers immense inspiration. Through its practice of giving normative content to the rights in the ICESCR the Committee has given extensive definition to some of the rights in the ICESCR and the obligations that attach to them. The obligation of the states to take steps to the maximum of the available resources to achieve progressively the full realisation of the rights in the Covenant has been the subject of extensive elaboration by the Committee. In addition to this the Committee has read into the ICESCR a very important concept, the principle of 'core minimum obligations'. This concept sets the benchmark in determining whether the state has discharged it obligations at the minimum level. The Commission and Court should take advantage of the provisions of the Charter which allow for inspiration from other instruments. The Charter obliges the Commission and the Court to draw inspiration from international law and human and peoples' rights, including the UDHR and other instruments adopted by the United Nations and African countries in the area of human rights. This is in addition to taking into consideration other instruments laying down rules expressly recognized by the states. This paper sets out to show that the African system can draw inspiration from South Africa and the Committee in order to surmount the challenges affecting the realisation of the rights. The paper is divided into five parts. The first part outlines the normative framework of protection of economic, social and cultural rights within the ICESCR, the African Charter and South African Constitution. The second part explores the challenges hampering the effective realisation of these rights followed by an analysis of the African Court and the lessons it may draw not only from the Committee and South Africa's Constitution but from the African Commission as well. The fourth part looks at the forth-coming African Court and its challenges, pointing to aspects on which it may seek inspiration. This will be followed by a conclusion and recommendations." -- Introduction.
Prepared under the supervision of Professor Sandra Liebenberg at the Faculty of Law, University of the Western Cape, South Africa
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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15

Humbert, Franziska. "The challenge of child labour in international law /." Cambridge : Cambridge University Press, 2009. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=9780521764902.

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16

Lalou, Caroline Suze Elisabeth. "Child prostitution in international law : a critical examination of a violation of the rights of the child." Thesis, Queen Mary, University of London, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.362785.

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17

Moschetti, Carole Olive. "Conjugal wrongs dont make rights : international feminist activism, child marriage and sexual relativism /." Connect to thesis, 2005. http://repository.unimelb.edu.au/10187/3135.

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18

Mudimu, Godknows. "Reparations and child soldiers in Africa: the legal regime of reparations for former child soldiers under the Rome Statute of the International Criminal Court." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15203.

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The involvement of children to fight in armed conflicts remains one of the main challenges towards the full realization of children's rights on the African continent. Despite a substantive legal framework affording protection and prohibiting the enlisting and recruitment of child soldiers, this practice remains prevalent in many parts of Africa particularly in the Great Lakes Region. As a result of their childhood and the traumatic events they are exposed to during armed conflicts, children inexorably suffer from many forms of harm including physical, mental and psychological harm. Addressing this harm as a matter of urgency is crucial for the proper and effective reintegration of these children into society. The Rome Statute departs from the silence of many international criminal law instruments which focus exclusively on the prosecution and sentencing of criminals overlooking the needs of the victims of international crimes by offering redress. It introduces a new and unique reparative system that aims at providing redress to the victims of international crimes within the courts' jurisdiction. This reparative regime which is still in its early life stages faces many challenges and uncertainties. In its first case dealing with principles relating to reparations, the International Criminal Court (ICC) showed these challenges and the difficulty of establishing permanent guidelines on future reparations to former child soldiers who are victims of the international crime(s) of the enlisting and recruitment to fight as combatants. Clear principles can help current and future victims by having an insightful and realistic expectation of the modalities and the scope of the reparation award they can get from the ICC.
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19

Hedkvist, Elin. "Girls and Boys at War : Child Soldiers in International Law." Thesis, Örebro University, School of Law, Psychology and Social Work, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-9453.

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The recruitment, enlistment and use of children younger than fifteen to participate actively in hostilities is prohibited in customary international law as well as in several international legal instruments. The use of child soldiers is, despite of the prohibition, a widespread phenomenon with 300 000 as the estimated number of child soldiers in national armies as well as in various rebel and insurgent groups in the world today. Although the problem is world-wide; most recent focus have been on Africa where children have served and still serve in ongoing conflicts in various functions including but not limited to front line soldiers, messengers, guards and sex-slaves. Many of the world‟s child soldiers are girls that are facing the risks of sexual abuse and discrimination. In this thesis the 1996-2002 civil war in Sierra Leone will serve as an example of a conflict were children were used as soldiers.Prohibition against the use of child soldiers can be found in international legal instruments in both human rights law and international humanitarian law. It can also be found in instruments in the fields of international labor law and prohibition against slavery. The provisions differ in their definition of a child soldier; concerning age limit as well as the child‟s function during the conflict. There are also differences in the responsibility of states to protect children against being used as soldiers. This particularly affects girl soldiers since they often have their primary tasks behind the front line and thus are not usually included in the more narrow definitions of child soldiers.Two courts; the International Criminal Court (ICC) and the Special Court for Sierra Leone (SCSL) are used as examples of enforcement mechanisms. The SCSL as being the first court to deliver convictions for the use of child soldiers as well as thoroughly discussing the illegality of the use of child soldiers has been of importance in the fight against the use of child soldiers. The ICC will be the enforcement mechanism of the future and it has already prosecuted for the use of child soldiers. The SCSL has raised the awareness and started the struggle against impunity for those responsible for using child soldiers but it is the ICC that will have to continue the fight, although with some obstacles to overcome.

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20

Müller, Amrie. "The relationship of state obligations under the International Covenant on Economic, Social and Cultural Rights and international humanitarian law : an analysis of health-related issues in non-international armed conflicts." Thesis, University of Nottingham, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.555706.

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The parallel application of international humanitarian law (IHL) and international human rights law (IHRL) to armed conflicts is widely accepted today. Its detailed legal consequences, which will help in understanding its practical effect and potential to enhance the protection of people affected by armed conflicts, remain to be analysed in many areas. This thesis investigates the relationship of state obligations under IHL and the International Covenant on Economic, Social and Cultural Rights (ICESCR), with a special emphasis on health-related issues in non-international armed conflicts. ICJ jurisprudence suggests that the simultaneous application of IHL and IHRL can be structured with the help of the lex specialis maxim. This thesis argues that the function of the lex specialis maxim is relative and highly situation-dependent. When this is recognised, the maxim - alongside other interpretative methods - promises to aid the flexible parallel application of IHL and economic, social and cultural (ESC) rights to non-international armed conflicts. Despite developments in customary IHL applicable to non-international armed conflicts, the distinction between international and non-international armed conflicts remains relevant in IHL. Likewise, questions remain regarding the threshold of application of some IHL rules. These factors will affect the parallel application of IHL and the ICESCR to non-international armed conflicts. The scope of state obligations under the ICESCR in times of armed conflict has received little attention so far. It is argued that this scope is determined by two Articles: the notion to 'take steps' towards the 'progressive realisation' of ESC rights in Article 2(1) ICESCR, and by Article 4 ICESCR, the Covenant's general limitation clause. It is shown that the minimum core approach can be helpful in interpreting both Articles - minimum core rights should be implemented as a matter of highest priority even in times of armed conflict. It is further argued that no derogations are permitted from the right to health and other ESC rights in times of armed conflict, in particular not from their minimum cores. Building on these findings and focusing on health-related issues, the thesis analyses how a relative and context-sensitive lex specialis maxim can assist in easing substantial tensions between elements of the right to health and IHL relating to the targeting of military objectives, in particular so-called 'dual-use' objects. IHL rules on military targeting are found most likely to be given preference in situations of active combat. Nonetheless, the simultaneous application of the right to health will ensure that adverse long-term public health and other socio-economic consequences of NIACs for civilians are not ignored even when hostilities are ongoing and military-target decisions are made. It is also shown that IHL on the protection and care of the wounded and sick and the right to health complement each other well in mitigating the direct and indirect health consequences of armed conflicts, similarly supported by a context-sensitive use of lex specialis. With certain nuances, these findings apply to the relationship between IHL and ESC rights more generally. The operationalisation of this thesis' findings, and of the legal implications of the parallel application of other ESC rights and IHL, requires further efforts. It is concluded that the development of guidelines that assist practitioners in assessing the flexible relationship between IHL and the ICESCR in a given situation are the most functional option in that regard.
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21

Enoh, Adamson Akule Junior. "Child soldiers and international law in the Darfur Region of Sudan: does conflict transformation offer a solution?" Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4517_1260186142.

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The aim of this research is to ask questions as to why child right laws for the protection of child soldiers have failed to protect children in the Darfur region of Sudan despite the
fact that Sudan is a member to many of these children&rsquo
s rights instruments. Can conflict transformation therefore be of any help? This is research seeks to address the question posed above.

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22

Galliker, Doris. "The potential impact of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on the realisation of socio-economic rights in the international arena: what can be learnt from the justiciability of socio-economic rights in South Africa?" Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/4694.

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The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (the 'Optional Protocol' or the 'OP-ICESCR') has recently been adopted by the General Assembly of the United Nations. This document establishes a new complaints procedure for economic, social and cultural rights ('ESCR') within the United Nations human rights system. Hence, those rights ' as it is already the case for civil and political rights (CPR) ' will become quasi-justiciable at international level. Once the Optional Protocol will enter into force, individuals and groups victims of violations of any right contained in the International Covenant on Economic, Social and Cultural Rights (the 'Covenant' or the 'ICESCR') will have the possibility to submit communications to the United Nations Committee on Economic, Social and Cultural Rights (the 'Committee' or the 'CESCR'), as long as the state concerned is party to the OP-ICESCR.
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23

Achan-Okitia, Patricia. "The internal displacement crisis in Africa : implementation of national and international law on the child marriage phenomenon in Uganda." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5276.

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This research focuses on the role that International Human Rights Law, policy and legislation should play in the protection of the rights of internally displaced children against child marriage. This thesis examines international treaties and domestic laws that purport to prohibit the practice of child marriage with particular attention to laws relating to the protection of internally displaced children (IDPs).
Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law of the University of Pretoria, in partial fulfilment of the requirements for the degree of Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Lana Baydas at the Department of Law, American University in Cairo, Egypt. 29 October 2007
www.chr.up.ac.za
Centre for Human Rights
LLM
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24

AlMatrooshi, Ali Mohammed Juma Majed. "A critical evaluation on combating child sexual abuse and the limitations of international law : a case study of United Arab Emirates." Thesis, Brunel University, 2018. http://bura.brunel.ac.uk/handle/2438/16913.

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Child sexual abuse is a heinous crime. It consists of a variety of pernicious practices which include, but are not limited to, online child pornography, rape and incest. Globally, an estimated 15 million female adolescents have been coerced into sex during their lifetime, whilst the figure for boys is unknown.1 In many instances, this crime is perpetrated by those who are closest to the victims. Child victims may be severely traumatised and as a result become dysfunctional members of society. Child sexual abuse harms the very fabric of society and society thus pays a heavy price for continuing to tolerate this crime. As such, as this crime predominantly takes place behind closed doors and victims only very rarely report cases,2 a comprehensive legislative and policy approach must be adopted in order to effectively combat child sexual abuse. Legislators around the world as well as the international community must therefore make combating child sexual abuse a priority. However, the question arises whether there exist difficulties and weaknesses within international law which contribute to the persistent problem of child sexual abuse. Accordingly, this research probes whether international law accords adequate protection to the rights of the children and, if not, whether it fails to adequately protect children from sexual abuse. For this purpose, a detailed examination of relevant UAE laws is undertaken in the form of a case study. It is argued that international law has failed to clearly establish norms and also lacks enforcement mechanisms. The main international instrument, the Convention on the Rights of the Child, fails to determine the age of the child. Instead, it empowers domestic law to do this. Other shortcomings also limit the effectiveness of international law, particularly implementation issues. In the context of the UAE, the fundamental problem is that cultural values entrenched in Islamic criminal and family law have not shown an understanding of the child sexual abuse paradigm. Instead, the honour ideology has been reinforced.
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25

Townley, Brian Edward. "Children in mandatory detention and Australia's international obligations under 'The Convention on the Rights of the Child' /." Title page, table of contents and abstract only, 2003. http://web4.library.adelaide.edu.au/theses/09AR/09art746.pdf.

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26

Chapdelaine, Feliciati Clara. "The status of the girl child under international law : a semioethic analysis." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:811e3c7a-40a8-4d1f-a790-7842eb1b8d0c.

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This thesis engages in a semioethic analysis of the English text of international human rights treaties to assess whether the provisions as formulated clearly identify the girl child and take into account her unique condition. Its hypothesis is that the terminology employed to define the girl child and phrase her rights is insufficient to ensure her protection. The thesis firstly explores the unique status of the girl child as a female and a child, and the obstacles she faces in exercising her rights as a result of sexism, childism, and interactive intersectional discrimination. It also presents the semiotics theory, the Meaning Triad developed by Victoria Lady Welby, which allows for an analysis of the sense, meaning and significance of terminology, and the semioethic approach, which studies the import of signs for the purpose of improving the human condition. The thesis explains how intersectionality theory and semioethics shall be applied as methodologies to examine the content of international treaties as concerns the girl child. Secondly, the thesis explores the status of the girl child under international law. It examines the gradual recognition of the girl child in the international legal apparatus and the definition of the girl child in international law and the English language. Thirdly, the thesis analyses the right to life of the girl child as a case study to investigate whether its formulation under international law sufficiently tackles three key violations experienced by girl children: prenatal sex selection, female infanticide, and feminicide of adolescent girls. The thesis focuses on the two main treaties pertaining to the girl child, the CRC and the CEDAW, and a central treaty protecting the right to life, the ICCPR. At the end of each chapter, recommendations are provided, where applicable, to modify the wording of relevant provisions in order to strengthen the protection of the girl child.
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Malmsköld, Elin. "The status of abortion in public international law and its effect on domestic legislation." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-355922.

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Few issues divide leaders and policy-makers as much as abortion, which regularly sparks heated political, religious and philosophical debates. Numerous states choose to prohibit or criminalize abortion, despite the fact that it has been practiced throughout recorded history. In many of these states, women turn to unsafe abortion methods, such as consuming bleach or inserting a coat hanger, which may cause long-term damage or death. In the light of this tragic reality, one could ask whether these women have a right to safe abortion in human rights law or not. In order to answer this question, the author analyzes the status of abortion in public international law. The results are based on a thorough examination of the preparatory works (travaux préparatoires) and reservations to CEDAW, CRC, ECHR, and ICCPR, as well as documents by international and regional treaty bodies. The author applies a treaty-based international law methodology, analyzes the results through Hilary Charlesworth and Christine Chinkin’s theory of the public and private distinction in public international law and discusses the juridical- political context. The author concludes that there is neither an explicitly formulated human right to abortion, nor is abortion included within the right to family planning. However, she finds that domestic legislation which criminalizes or restrict access to safe abortions may be in violation of other fundamental human rights.
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Филимонова, Е. В. "Основы международно-правовой защиты прав ребенка." Thesis, Украинская академия банковского дела Национального банка Украины, 2009. http://essuir.sumdu.edu.ua/handle/123456789/60357.

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Уважение прав человека и основных свобод – это один из общепризнанных принципов современного международного права. Показателем реализации данного принципа является уровень международно-правовой защиты человека, его прав и свобод и его эффективность. Интересной в данном отношении является такая категория населения, как дети. Ни одно государство в мире не может претендовать на роль образца в области соблюдения прав ребенка.
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VerHage, Alicia. "Transnational civil society's ability to successfully influence state actors on human rights issues through international non-governmental organizations (INGOs) : a case study of the coalition to stop the use of child soldiers." Thesis, Rhodes University, 2009. http://eprints.ru.ac.za/1682/.

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30

Dahlén, Marianne. "The Negotiable Child : The ILO Child Labour Campaign 1919-1973." Doctoral thesis, Uppsala universitet, Juridiska institutionen, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-7547.

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This dissertation examines the Conventions and Recommendations to regulate the minimum age for admission to employment between the years 1919 and 1973 – the ILO minimum age campaign. The adoption process has been studied in its chronological and historical context. The dissertation has three points of departure: that childhood is a historical construction and that the legal material is part of that construction; that the minimum age campaign suffered from a ‘hang-over-from-history’, namely, the history of Western industrialisation during the 19th and early 20th centuries; and, finally, that children had a subordinate and weak position in the minimum age campaign. The study was organised around five central themes: (1) the over-all theme of predominant conceptions of children and work; (2) the relationship between industrialised and colonised and developing nations; (3) the relationship between the child, the family and the state; (4) minimum age; and (5) the importance of school. The most important results of the study are that: (1) In view of the revolutionary changes during the 20th century the continuity in the minimum age campaign was remarkable. In 1919, the ‘child labour problem’ was an issue mainly for the Western industrialised word. By the end of the campaign, in 1973, the transformations in societies during the century had made ‘the child labour problem’ an issue mainly for the developing world and with different conditions and implications in many respects. The content and ‘grammar’ of the minimum age campaign was however never really challenged. (2) The study has verified that the minimum age campaign suffered from a ‘hang-over-from history’. The campaign built directly on the Western industrial experience during the 19th and early 20th centuries. The Western dominance in the ILO, the legal transplants, and the roots in the labour movement all contributed to the ‘hang-over’. (3) The minimum age campaign was modelled on the ‘norm of the Western industrialised childhood’. The norms and realities of childhood in other parts of the world were neglected of considered as provisional and inferior phases in relation to the Western ‘norm’. In this way, there were two separate childhoods in the minimum age campaign: ‘the normal’ childhood conceived for Western conditions and ‘the other’ childhood conceived for the ‘imperfect’ conditions of poor children in the colonised and developing nations.(4) In the minimum age campaign the ‘best interests of the child’ was negotiable and was subordinated in case of conflict with other interests.
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Acirokop, Prudence. "Pitied and then ignored : international response to the plight of children in armed conflict: the case of Uganda." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1134.

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"The debate over the effectiveness of the laws to address the situation of children in armed conflict, the political will of the international community to alleviate the plight of children in such situations, as well as the search for effective strategies to address the issue of children affected by war, remains lively and unsettled. This study aims to contribute to the ongoing discussion with a focus on northern Uganda where, for the last 19 years, children have been suffering as a result of armed conflict with no response from the international community. It appears that the government, the armed forces and the international community have simply ignored their plight. ... The study is divided into four chapters; chapter one discusses the internal and international armed conflict dichotomy. It further discusses legal protection that exists under international law for children. An overview of the current standard-setting efforts, enforcement and implementation of these laws is also considered in the chapter. Chapter two considers particular risks faced by children in armed conflict including the child soldier phenomenon; refugee and internally displaced persons (IDPs); sexual abuse and exploitation of children; and the impact of landmines and unexploded ornances on children. The chapter finally looks at actions the international community can take to protect children in compliance with international law. Chapter three gives a background to the conflict in northern Uganda; it discusses the groups of children at risk and the failure to prioritise the protection of children by all actors at the local and international level. Chapter four draws a conclusion and gives recommendations to the ongoing search for effective strategies to address the plight of children affected by war with focus on northern Uganda. These recommendations are addressed to the government, the armed group and the international community." -- Introduction.
Mini Dissertation (LLM)--University of Pretoria, 2005.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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İren, Yıldızca Bediz Büke. "Migrant Child Labour in Turkey : A critical analysis of multilevel governance targeting migrant child labour in Turkey." Thesis, Linköpings universitet, REMESO - Institutet för forskning om migration, etnicitet och samhälle, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-162798.

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Entering the 9th year of the Syrian Crisis, there are still more than 400 thousand school aged Syrian children considered ‘out-of-school’ in Turkey. Several previous studies as well as reports of International Organisations and Civil Society Organisations such as UNICEF and Support to Life argue that out-of-school Syrian children have formed part of the Turkish informal labour market. Restrained migration policies incorporated with the needs of global labour markets have caused precarisation of the migrant labour, and in the case of Turkey precarisation of migrant child labour as well. The aim of the current study is to critically analyse the strategies and interventions of this multilevel governance targeting migrant child labour. Hence, a qualitative research method was employed in order to answer the study’s research questions. First, document analysis was conducted to identify the multilevel institutional framework; and second, semi-structured in-depth interviews were conducted with selected informants working for International Organisations. By facilitating Carol Bacchi’s ‘What is the problem represented to be?’ (WPR) approach, each actor’s strategies and interventions directed to migrant child labour are scrutinised. While each actor by definition manages to identify the causes of (migrant) child labour, the strategies and interventions are constrained by the conventional migration management approach as well as the discourses of “the best interest of the child” and “fair trade”.
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Susantijo, Susi. "The impact of the rule of law on the implementation of the convention on the rights of the child in Indonesia and Australia." Thesis, Susantijo, Susi (2009) The impact of the rule of law on the implementation of the convention on the rights of the child in Indonesia and Australia. Masters by Research thesis, Murdoch University, 2009. https://researchrepository.murdoch.edu.au/id/eprint/1655/.

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This thesis concerns the implementation of the Convention on the Rights of the Child (‘the CRC’) in Indonesia: The chasm between theory and practice. Despite the enactment of several laws and regulations aimed at protecting the rights of the child, Indonesia’s implementation of children’s rights remains very limited. The theme of this thesis is that, despite the existence of adequate written laws, a state can fail to achieve an effective implementation of human rights, as exemplified by Indonesia. This thesis will focus on the impact of the rule of law on the holistic well-being of children, a group that Indonesia has acknowledged plays ‘a strategic role’ and is in a ‘unique position [to ensure] the continued existence of the nation’. The development of the rule of law and its impact on the implementation of the CRC in Indonesia will be compared to Australia, a state where the CRC has been much better implemented. There is an inextricable link between the rule of law and human rights. The prevailing view is that the rule of law does not depend on written laws; the rule of law is more about the extra-legal aspects of a society, such as culture, socio-economic factors and political factors. In the absence of the rule of law, human rights can only be selectively implemented and enforced. The rights of the child are a global human rights issue, which is particularly pertinent to Indonesia, a nation with a poor record for implementing children’s rights. Children’s rights are well established in international law, largely due to the adoption of the CRC. The CRC has provided the greatest contribution to the field of children’s rights and will serve as the focus of this thesis. Apart from being the most universally ratified human rights convention in history, the CRC expressly recognises a range of children’s rights including civil, political, socio-economic and cultural rights. More importantly, the CRC shifted the responsibility for implementing children’s rights from parents and local communities to State Parties. The CRC is thus an advanced tool for assessing the standard of children’s rights internationally and for implementing change, and will be used to compare the current status of children’s rights in Indonesia and Australia. Arguably, the issue of children’s rights is complex and the implementation of children’s rights requires a multifaceted approach. This thesis will conclude with recommendations on how Indonesia can move forward to achieve a better implementation of children’s rights.
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34

Susantijo, Susi. "The impact of the rule of law on the implementation of the Convention on the Rights of the Child in Indonesia and Australia /." Susantijo, Susi (2009) The impact of the rule of law on the implementation of the convention on the rights of the child in Indonesia and Australia. Masters by Research thesis, Murdoch University, 2009. http://researchrepository.murdoch.edu.au/1655/.

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This thesis concerns the implementation of the Convention on the Rights of the Child (‘the CRC’) in Indonesia: The chasm between theory and practice. Despite the enactment of several laws and regulations aimed at protecting the rights of the child, Indonesia’s implementation of children’s rights remains very limited. The theme of this thesis is that, despite the existence of adequate written laws, a state can fail to achieve an effective implementation of human rights, as exemplified by Indonesia. This thesis will focus on the impact of the rule of law on the holistic well-being of children, a group that Indonesia has acknowledged plays ‘a strategic role’ and is in a ‘unique position [to ensure] the continued existence of the nation’. The development of the rule of law and its impact on the implementation of the CRC in Indonesia will be compared to Australia, a state where the CRC has been much better implemented. There is an inextricable link between the rule of law and human rights. The prevailing view is that the rule of law does not depend on written laws; the rule of law is more about the extra-legal aspects of a society, such as culture, socio-economic factors and political factors. In the absence of the rule of law, human rights can only be selectively implemented and enforced. The rights of the child are a global human rights issue, which is particularly pertinent to Indonesia, a nation with a poor record for implementing children’s rights. Children’s rights are well established in international law, largely due to the adoption of the CRC. The CRC has provided the greatest contribution to the field of children’s rights and will serve as the focus of this thesis. Apart from being the most universally ratified human rights convention in history, the CRC expressly recognises a range of children’s rights including civil, political, socio-economic and cultural rights. More importantly, the CRC shifted the responsibility for implementing children’s rights from parents and local communities to State Parties. The CRC is thus an advanced tool for assessing the standard of children’s rights internationally and for implementing change, and will be used to compare the current status of children’s rights in Indonesia and Australia. Arguably, the issue of children’s rights is complex and the implementation of children’s rights requires a multifaceted approach. This thesis will conclude with recommendations on how Indonesia can move forward to achieve a better implementation of children’s rights.
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35

Jackson, Laurie Ann. "The international covenant on economic social and cultural rights: A critical examination of the relative importance of resource constraints on benchmarks and benchmarking processes in the African context." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4701.

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36

Lavan, Daniel. "The Discourse and Practice of Child Protagonism: Complexities of Intervention in Support of Working Children’s Rights in Senegal." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/22748.

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Contesting international strategies for combatting child labour that derive from modern, Western conceptions of childhood, several developing country organizations have embraced the principle of child protagonism by declaring that working children can become the leading agents in struggles to advance their interests when they are mentored in forming their own independent organizations. This thesis first explores how an African NGO, informed by its urban animation experiences, developed its own specific discourse of child protagonism and employed it as the basis for establishing an African working children’s organization designed to provide compensatory literacy and skills training and to empower members to improve their own and other children’s working conditions. The thesis considers this foundational child protagonism discourse in light of data collected in Senegal by means of participant observation and interviews in grassroots groups and associations of working children, as well as in the offices of both the local NGO and its international NGO donor. Fieldwork revealed limitations of the specific child protagonism practice pursued over the past two decades. Specifically, redirecting resources from direct pedagogical accompaniment of grassroots working child groups towards bureaucratic capacity building for the “autonomization” of higher hierarchical levels of the organization, as well as towards international meetings, has resulted in the organization’s diminished impact for vulnerable groups in Dakar, particularly migrant girl domestic workers. Deepening implication with international donors has forced shifts in the priorities of the local NGO and the working children’s organization it facilitates, yet the two have been largely successful in buffering donor probes precisely into the ground level effectiveness of their child protagonism strategy. No previous independent research has sought to confront the discourse of child protagonism with a comprehensive examination of a working children’s organization’s practice, from its most local processes to its international dimensions and donor relations.
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37

Eriksson, Stina. "The Right to a Living Wage : The Obligations of States Parties to the International Covenant on Economic, Social and Cultural Rights to Realise the Right to a Living Wage." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-260047.

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38

Gusan, Ana. "L'autonomie de l'enfant en droit international." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0289.

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Le concept d’ « autonomie de l’enfant » n’est pas pleinement approprié par l’ordre juridique international. Ce fait est dû à la nature vulnérable traditionnellement octroyée à l’enfant et à la confusion conceptuelle avec l’autonomie personnelle valable pour l’adulte. Cependant, la Convention des droits de l’enfant de 1989 est le premier instrument international qui permet de contredire ces préjugés. Nous nous proposons, dans cette thèse, de relever la manière dont la CIDE se saisit de cet objet dont le vocable est inconnu aussi bien des travaux préparatoires que de la pratique du Comité des droits de l’enfant. Par conséquent, sa construction conventionnelle objectiviste et volontariste fait progressivement émerger la notion d’ « autonomie de l’enfant » dans l’ordre juridique européen. Cette évolution, certes encore insuffisante, nous invite à réfléchir, d’une manière plus générale, sur les transformations subies et à subir par le droit international lorsqu’il entend s’emparer du concept « autonomie de l’enfant »
The concept of "child autonomy" is not fully seized by the international legal order. This is due to the vulnerable nature traditionally granted to the child and the conceptual confusion with the personal autonomy applicable for the adult. However, the 1989 Convention on the Rights of the Child is the first international instrument to counter such prejudices. We propose, in this thesis, to observe the way in which the CRC considers this unnamed object both in the preparatory work and in the practice of the Committee on the Rights of the Child. Consequently, its conventional construction, both objectivist and voluntarist, gradually brings the notion of "child autonomy" into the European legal order. This evolution, although still insufficient involves a more general reflection on the transformations undergone and to undergo by international law when it intends to deal with the concept "autonomy of the child"
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39

Odongo, Godfrey Odhiambo. "The domestication of international law standards on the rights of the child with specific reference to juvenile justice in the African context." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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The thesis focused on how the advent of children's rights, in particular the Convention on the Rights of the Child (CRC), has impacted on the subject of juvenile justice and embarked on a practical examination of law reform in this regard in an African context. The focus was placed on a number of African countries that have embarked on or completed child law reform in the aftermath of ratification of the CRC. The case studies in this thesis were Ghana (1998-2003), Kenya (1993-2001), Namibia (1994 to date), Lesotho (2003 to date), South Africa (1997 to date) and Uganda (1992-1996).
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Miamingi, Remember Philip Daniel. "Inclusion by exclusion? : an assessment of the justiciability of socio-economic rights under the 2005 Interim National Constitution of the Sudan." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8099.

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This work critically examines the justiciability of the Sudan model of constitutionalising socio-economic rights (SER) and the legal implications of this model. Discusses the following questions: (1) What is the scope and extent of the Sudan Bill of Rights? (2) What is the effect of section 27(3) on section 22 of the Sudan Interim National Constitution? (3) Does the Constitution provide for justiciable SER, if yes, can the South African model of rendering SER justiciable and their standard of review provide a useful guide to the Sudan?
Thesis (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 Professor Julia Sloth-Nielsen of the Community Law Centre, University of the Western Cape
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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41

Grossman, Michelle G. "Addressing the gap : the role of institutions of the Rome Statute in responding to the needs of child crime victims at risk of "falling through the cracks"." Thesis, University of Oxford, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.711689.

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42

Lebeko, Motshidisi Jane Jerminah. "Does Article 13 of The Hague Convention on the Civil Aspects of International Child Abduction, 1980 protect victims of domestic violence?" University of the Western Cape, 2016. http://hdl.handle.net/11394/5161.

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43

Anyikame, Hans Awuru. "The role and effect of small arms in the recruitment of child soldiers in Africa: can the international law be strengthened?" Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5815_1365584973.

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It is an unfortunate and cruel reality that both government and armed groups used child soldiers during armed conflict. Child soldiers have become an integral part of government forces as well as insurgent groups in Africa and elsewhere. Most of them are being exploited as combatants, while others perform functions, such as porters, spies who are able to enter small spaces, cooks, messengers, lookouts, and even suicide bombers. Some of the most disturbing aspects of child soldiering are that some of them are being forced to kill or are themselves killed, sexually abused and are exposed to drugs. The use of child soldiers in conflicts is not a recent phenomenon and has indeed become a common practice that characterises modern conflicts. Recruitment is usually carried out forcefully or voluntarily by both government and rebel forces. The difference between these two types of recruitment is not always clear since their decision to join is always influenced by external factors. Examples of such reasons for voluntary recruitment include the desire to revenge, adventure, peer pressure, and need for belonging and survival. Concerning the reason for survival, some argue that, the children do not actually choose freely to become combatants, but are rather forced by circumstances. There are numerous reasons for the continuous targeting of children by armed forces and armed groups. These include shortage of combatants, the fact that children are easy to train physically and psychologically, and also that children are obedient and are readily available. The recruited children are compelled to take part in brutal induction ceremonies, where they are threatened and forced to kill or witness the killing of someone they know.

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Mezmur, Benyam Dawit. "Children at both ends of the gun : towards a comprehensive legal approach to the problem of child soldiers in Africa." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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While the participation of children in armed conflict has been evident for some time, internal community mobilization on the issue is fairly recent. In 1993, the General Assembly of the United Nations adopted resolution 48/157 in response to a request by the Committee on the Rights of the Child.

At the present the Coalition to Stop the Use of Child Soldiers reports that approximately 300,000 children in over 40 countries worldwide are engaged in armed conflict. Of the estimated 300,000 child soldiers in the world, 120,000 can be found in Africa alone.
Apart from making them direct combatants, both governments and armed groups use children as messengers, lookouts, porters, spies able to enter small spaces, and even use them as suicide bombers and human mine detectors. In the due course of such use and abuse children are forced to kill or are themselves killed, sexually assaulted, raped, forced to become wives of the commanders, exposed to drugs and forced labour, showing the cross cutting nature and magnitude of the problem of child soldiers.

There are a variety of international legal standards which, at first glance, seem to give some direction and guidance in the protection of child soldiers. In spite of these legal instruments for the protection of child soldiers in Africa, however, much remains to be done as the problem is continuing at a larger scale every day and new challenges keep cropping up. This study will look into ways of addressing these problems in the context of Africa.

Therefore, in order to address the issue to the best possible level, the normative framework in place may need to be strengthened. Moreover, in an attempt to be comprehensive in addressing the problem, ways of dealing with child soldiers who have allegedly committed atrocities during armed conflict should be included. This piece explores how these issues could possibly be addressed to provide for protection to the child soldier in Africa.
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Tomsson, Viktoria. "The Effectiveness of the Convention on the Rights of the Child : Examined through a legal assessment of Ghana’s implementation of Article 35 concerning Child Trafficking." Thesis, Stockholms universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-182509.

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The aim of this thesis is to examine to what extent the Convention on the Rights of the Child may be regarded as an effective instrument for a state’s aim to abolish child trafficking. An underlying aim is to examine what factors make a convention effective in general. The study is conducted through a doctrinal method with a legal sociological perspective, examining the normative aspects of law. In this sense, Ghana’s implementation of Article 35 of the CRC is evaluated, in order to reach the objective of the study. Thus, the Ghanaian legal system constitutes the base upon which the analysis is made. Hereby, the effectiveness of the CRC is measured by the extent to which the commitments made by Ghana, have led to the adoption of concrete measures to improve the rights of children as it pertains to child trafficking, since the ratification of the CRC. An underlying aim is to discover what factors may affect the effectiveness of a convention, such as inadequate legal framework, its application of it or other cultural factors.  In order to measure the effectiveness of the CRC, a normative model is applied, explaining both the notions of compliance versus effectiveness. Herein, it is clarified that: in order to measure the effectiveness of a convention in this matter, one first needs to examine if the national legal framework complies to the convention in question. Thus, in the first part, it is concluded that Ghana has successfully incorporated the CRC in its legal framework. In the second part, it is shown how, despite of the effective incorporation of the CRC, there remains a gap between what is prescribed by law and the manifestation in practice.                                                     Different factors have been concluded to influence the effectiveness of the Convention. In order for a state to implement measures to deal with an issue, there must be a clear standard set out in the convention in the first place. In this regard, it has been noted that the lack of clarity and ambiguity of the wording in Article 35 of the CRC may have affected the effectiveness of the convention. Moreover, it is noted that the nature of the issue: the phenomenon of child trafficking, in itself, is a complex issue with certain elements that makes it more challenging to regulate than “normal” human rights violations. Not least, it is proven how the socio-cultural norms of Ghana have a noticeable effect on the implementation of the Convention. At last, it is demonstrated how the process of norm-internalization in a state may affect the effectiveness of a Convention: it has been shown how Ghana’s policy-making system has not been effective in practice. Nevertheless, the conclusion remains: the effectiveness of a convention depends on the function it serves in the first place. As for the case of the CRC, it remains an effectivetool to abolish child trafficking as long as the States Parties take united responsibility to make it so.
Syftet med denna uppsats är att undersöka i vilken utsträckning barnkonventionen (CRC) kan utgöra ett effektivt instrument för en stats ändamål att avskaffa barnhandel. Ett bakomliggande syfte med studien är att utreda vilka faktorer som gör en konvention effektiv generellt sett. Studien baseras på en rättsdogmatisk metod i ljuset av ett rättsociologiskt perspektiv där de normativa aspekterna av lagen undersöks. I detta avseende utvärderas Ghanas implementering av artikel 35 i CRC för att uppnå syftet med studien. Således vilar den rättsliga analysen på det ghananska rättssystemet som grund. I sammanhanget granskas barnkonventionens effektivitet med avstamp i hur de åtaganden som gjorts av Ghana har lett till vidtagande av konkreta åtgärder för att förbättra barns situation vad gäller barnhandel. En normativ modell tillämpas för att förstå vad begreppen effektivitetoch efterlevnadinnebär i sammanhanget. Här klargörs att, för att mäta effektiviteten av en konvention, måste det först undersökas huruvida det nationella regelverket uppfyller de reglerade skyldigheterna i den ifrågavarande konventionen. I den första delen dras slutsatsen att Ghana har införlivat barnkonventionen på ett tillfredsställande sätt.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                I den andra delen redovisas det hur det kvarstår en diskrepans mellan vad som föreskrivs i lag och hur lagen manifesteras i praktiken, trots det effektiva införlivandet av barnkonventionen. Det påvisas hur olika faktorer påverkar en konventions effektivitet. I detta avseende noteras det att (bristen på) tydlighet och klarhet i ordalydelsen av artikel 35, kan påverka konventionens effektivitet. För att en stat ens ska kunna genomföra åtgärder för att hantera en viss fråga måste det finnas en tydlig standard i konventionen i första hand. Vidare noteras det att problemets natur: fenomenet barnhandel i sig, är en komplex fråga med vissa element som gör det mer utmanande att reglera fenomenet än ”normala” kränkningar av mänskliga rättigheter. Inte minst anmärks det hur de sociokulturella normerna i Ghana har en märkbar effekt på tillämpningen av barnkonventionen.                                                                                                       Slutligen redogörs det för hur olika norminternaliserande faktorer i en stat kan påverka effektiviteten av en konvention: det redovisas hur Ghana brister i författandet av effektiva ”policies” för att åtgärda problematiken. Slutsatsen påvisar hur effektiviteten av en konvention beror på den funktion som konventionen har i första hand. Vad gäller barnkonventionen, utgör den ett effektivt verktyg i kampen mot barnhandel, så länge som medlemsstaterna faktiskt tar enat ansvar i att säkerställa dess effektivitet.
Minor Fields Studies, SIDA
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46

Mia, Shanaaz Christine. "The child's voice in the Hague Convention: Does ascertaining the child's view realise the best interests of the child in legal and related proceedings in terms of the Hague Convention on the Civil Aspects of International Child Abduction." Thesis, University of the Western Cape, 2002. http://etd.uwc.ac.za/index.php?module=etd&amp.

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47

Kostenko, M. S. "Pallialtive care as quarantee of children's right to health care: international regulation, history and perspectives for Ukraine." Thesis, Sumy State University, 2017. http://essuir.sumdu.edu.ua/handle/123456789/66294.

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Article 49 of the Constitution of Ukraine especially dedicated to health and medical care, which enshrines that “everyone shall have the right to health protection, medical care and medical insurance. Health protection shall be ensured through state funding of the relevant socioeconomic, medical and sanitary, health improvement and prevention programs.
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48

Robinson, Jacobus Abraham. "The right to recovery and reintegration of child victims of armed conflict : a public subjective rights approach / Jacobus Abraham Robinson." Thesis, North-West University, 2011. http://hdl.handle.net/10394/8400.

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The right of child victims of armed conflict to recovery and reintegration in essence is a particular exposition of the public law relationship. In this study reference is made to the theory of public subjective rights as it applies in German law to explain the relationship. Shortcomings in the theory are identified after which aspects of the Reformed Tradition are discussed to come to sound solutions. An effort is made to establish a theoretical framework in terms of which the relationship can be explained comprehensively. The conclusion is reached that particular status aspects of child victims are activated in their relationship with the State. It is only in terms of the negative and positive status aspects (which relate to the juridical destination of the State) that child victims may demand negative or positive State conduct in their favour.
Thesis (LL.M.)--North-West University, Potchefstroom Campus, 2011
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49

Masalcha, Jennifer Fatin. "Advocating the Incorporation of the United Nations Convention on the Rights of the Child into Swedish law : Which frames do Swedish advocates use?" Thesis, Högskolan Väst, Institutionen för ekonomi och it, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:hv:diva-5400.

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This study examines what frames the Swedish Lev Upp till Barnkonventionen campaign use, and whether the frames are in accordance to the frames suggested by Keck and Sikkink in their award-winning book Activists Beyond Borders. The Swedish Lev Upp till Barnkonventionen campaign is the only campaign in Sweden that aims to promote the implementation of the United Nations Convention on the Rights of the Child into Swedish law. It started in 2009 as a network driven by 7 organizations, UNICEF, BRIS, World Childhood Foundation, Swedish Save the Children (Rädda Barnen), ECPAT, Plan Sverige and SOS-Barnbyar, together with the Swedish Children‟s Ombudsman (Barnombudsman). An ideational analysis of the texts, that the campaign uses to appeal to society and persuade, shows that four frames are frequently used within the campaign. Two of the frames are in accordance with the proposed frames, being "bodily harm to innocent and vulnerable people" and "legal inequality". The other two frames set the problem to be poverty/economic vulnerability or psychological harm. Although, all four frames identified follow the three parts a frame should include according to Keck and Sikkink – a problem, a cause with a short causal chain and a specific type of action to solve the problem. This study has contributed with another case study to the limited amount of cases that study how international norms are framed in national contexts. Furthermore, this study has discovered that Sweden, although is using other frames too, use the frames that Keck and Sikkink have proposed.
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50

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 1
Mini 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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