Dissertations / Theses on the topic 'Minorities – Legal status, laws, etc. – Europe'
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PALACIN, MARISCAL Ihintza. "Sociolegal perspectives of linguistic minorities in Europe : the Basque language, education and media." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74273.
Full textExamining Board: Prof. Bruno de Witte (EUI and Maastricht University); Prof. Gábor Halmai (EUI); Prof. Joxerramon Bengoetxea (University of the Basque Country); Prof. Xabier Arzoz (UNED Madrid)
This dissertation addresses the legal framework and social embedding of the Basque language. As a minority language located between two European states (France and Spain) with different approach towards minority languages, the task of understanding the legal framework of the Basque language and its relationship with the community of speakers is challenging. In fact, this legal framework results in a vast array of legal rules for Basque speakers. This research examines the fundamental and linguistic rights of these minority language speakers (norm users), from international and European legal frameworks to national or regional ones. It carries out a comparative analysis between France and Spain, and between the three Basque regions to examine the legal framework. This doctrinal analysis is complemented by the study of key actors participating in the context and implementation of the legal norms regulating the Basque language. An emphasis is placed on the analysis of the relationship between the legal framework of the Basque language and the Basque society, applying a sociolegal methodology. By focusing on the examples of education and media, this thesis aims to shed light on the relationship between law and context in the case of the Basque language. It displays the tension and collaboration between norm givers and norm users in the case of a minority language. Studying the examples of education and media exposes the difficulties that Basque speakers face, as well as their commitment to the survival of their language. At the same time, progressive legal frameworks for Basque have enabled the creation of linguistic policies favouring the recovery and development of this language, where active collaboration between the three Basque regions is increasing. Ultimately, this research showcases a contextualised understanding of the legal framework of the Basque language, telling the story of this minority language in law.
VERSTICHEL, Annelies. "Representation and identity : the right of persons belonging to minorities to effective participation in public affairs : content, justification and limits." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13178.
Full textExamining Board: Prof. Bruno De Witte (EUI); Prof. Paul Lemmens, (Katholieke Universiteit Leuven); Prof. John Packer, (University of Essex); Prof. Wojciech Sadurski, (EUI)
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2008.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This doctoral thesis aims at investigating this new international right of persons belonging to minorities to effective participation in public affairs. What is its content? What is its justification and what is it aiming at? Are there any limits to its implementation and what kind of problematic issues are involved? The example of Bosnia and Herzegovina as described above illustrates that organising representation along ethnic lines raises challenging questions. These will be explored in this PhD.Our investigation of the right of minorities to effective participation in public affairs will run through five chapters: Chapter 1 will outline the theoretical framework; Chapter 2 will examine the political rights in the general human rights instruments; Chapter 3 will study the provision on effective participation in public affairs in the three key minority rights instruments of the 1990’s; Chapter 4 will look at the range of possible domestic mechanisms implementing the right of minorities to effective participation in public affairs through a comparative national law approach; and Chapter 5 will illustrate Chapter 4 by zooming in on three case studies, namely Belgium, Italy and Hungary.
Latulippe, Chloé. "Territoire, mouvement et protection des minorités en droit international : le cas des Roms et des Gens du voyage." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101820.
Full textHuamusse, Luis Edgar Francisco. "The right of sexual minorities under the African human rights system." Thesis, University of Pretoria, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4577_1190370461.
Full textThe protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system.
Xie, Yang Wei. "Protection of minority rights : issues and challenges in international law and Chinese law." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2157184.
Full textKedir, Abdu Abdurazak. "The need for the political representation of persons with disabilities in Ethiopia." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18615.
Full textThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
FARKAS, Lilla. "Mobilising for racial equality in Europe : Roma rights and transnational justice." Doctoral thesis, European University Institute, 2020. http://hdl.handle.net/1814/66916.
Full textExamining Board: Professor Claire Kilpatrick (EUI), Professor Bruno de Witte (EUI), Professor Colm O'Cinnedie (University College London), Professor Scott L. Cummings (University of California Los Angeles)
The thesis provides a transnational account of Roma rights activism over the last thirty years with a focus on five Central and Eastern European countries, where the majority of the European Union’s Roma live. It contributes to scholarly debate by (i) mapping ethnic/racial justice related legal opportunities; (ii) taking stock of legally focused non-governmental organisations; (iii) charting legal mobilisation in courts and enforcement agencies; (iv) presenting an alternative account of the transplantation of public interest litigation, and (v) ‘mapping the middle’ between dominant and critical narratives about the Open Society Foundations and white Europeans in the Roma rights field. Finding that international advocacy and litigation alone have been insufficient to generate social change, the thesis highlights the salience of indigenous practices. It points to the shortcomings of the elitist conception of legal mobilisation characterised by top-down, planned legal action and a focus of international NGOs. The thesis proposes to shift the limelight to the financial resources of strategic litigation, to a broad conception of collective legal action, and the necessity of investigating the role private individuals, NGOs, as well as public agencies play in promoting racial equality in general and Roma rights in particular in a transnational field. By scrutinising the ethno-political critique of Roma rights activism and pointing to its conflation with the critique of litigation - that resonates on both sides of the Atlantic - the thesis navigates between liberal internationalism and ethno-nationalism by acknowledging and celebrating organic cross-border cooperation, in other words “good transnationalism.”
Maja, Innocent. "Towards the protection of minority languages in Africa." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5848.
Full textThesis (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 Mr E.Y. Benneh of the Faculty of Law, University of Ghana.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
Nyarang'o, Ivy I. K. "The role of the judiciary in the protection of sexual minorities in Kenya." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18647.
Full textThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
CERAN, Olga. "Cross-border child relocation : national law in a united Europe." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.
Full textExamining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’
Boston, Clarinèr Freeman. "An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities: With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period -- 1840-1895." PDXScholar, 1997. https://pdxscholar.library.pdx.edu/open_access_etds/4992.
Full textPeszle, T. L. (Theresa L. ). "Language rights in Québec education : sources of law." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26751.
Full textThis thesis is a documentary study of the sources of law which establish language of instruction rights in Quebec. Its purpose is to assist educators, students of education, and other lay persons of law to gain understanding of the legal bases upon which the Judiciary formulate decisions in matters of language of instruction. Common Law and Civil Law legislative and case law sources, which are applicable to Quebec, are identified and examined, and relevant sources presented.
In addition to providing a summary for Common Law sources, and for Civil Law sources, a chronological summary is given, which reveals six main periods in the development of language of instruction provisions in Quebec.
The conclusion is that the primary sources of law for language of instruction in Quebec are: s. 93 of the Constitution Act, 1867, and case law thereunder; and, the judicial interpretation and provisions of s. 23 of the Constitution Act, 1982. Future case law in Quebec may reveal s. 23 of the Canadian Charter of Rights and Freedoms, 1982 to be the most significant source of law for the preservation of minority English language instruction, institutions, and rights of management and control.
Dunn, Kimberlee Harper. "Germanic Women: Mundium and Property, 400-1000." Thesis, University of North Texas, 2006. https://digital.library.unt.edu/ark:/67531/metadc5378/.
Full textGuilherme, Maria Lígia Freire. "Os discursos sobre a identidade de sujeitos trans em textos online: neutralização, enquadramento e relações dialógicas." Universidade Tecnológica Federal do Paraná, 2017. http://repositorio.utfpr.edu.br/jspui/handle/1/3010.
Full textThe recognition of gender identity and the use of the social name are some of the main guidelines of the trans and LGBTI movement and contribute to the reduction of the oppression and exclusion of this social group. These demands were partially met with the publication of the decree, which deals with the use of social name and the recognition of the gender identity of trans people in federal public agencies, provoking diverse reactions in the different social spheres. The present work had as main objective to analyze the speeches about the identity of trans people in online texts, more precisely from the conexions between Decree N. 8.727, of April 28, 2016, and news of online journalism. In this analysis, we have selected, in addition to the aforementioned decree, ten news articles on online journalism that discuss issues related to the use of social name and the recognition of gender identity, seeking to verify that dialogue relations are woven between the statements and Decree No. 8.727. To reach our goal, we opted for theoretical-methodological anchoring in Bakhtin Circle studies (BAKHTIN, 2012 [1920-1924, 2014 [1927], 2015 [1930-1936], 2014 [1934-1935], 2016 [1952-1953 (1990), [1929], and also studies of identity from the perspective of the Applied Linguistics, (BHABHA, 2014, MOITA LOPES, 2003, 2010, 2013a, 2013b; RAJAGOPALAN, 2003) and also on issues of transgender and social gender studies (BUTLER, 2015, BENTO, 2008, JESUS , 2010a; 2010b; 2012a; 2012b; JESUS, ALVES, 2010; LOURO, 2016). The data gave rise to some regularities, such as the reenactment of theories of gender and the attempt to neutralize the journalistic discourse, making their valuations opaque. In addition, there is a reframing of discourses about the identity of trans people as a discursive strategy on the part of the communication vehicles, evidencing axiological positions of different natures. In these discourses, we noticed how Decree No. 8,727 and the use of the social name were treated as important tools of citizenship and visibility for the trans movement, instituting the trans subject as a subject of law; at the sime time, both the use of the social name and the experiences of gender that extrapolated the cisnormativity were questioned.
GEARY, David. "An EU instrument to counter the trafficking in women for sexual exploitation into the European Union." Doctoral thesis, 1999. http://hdl.handle.net/1814/5510.
Full textSupervisor: Prof. Y. Kravaritou
First made available online on 16 December 2019
The traffic in women for the purpose of sexual exploitation has occurred throughout history and is not a new phenomenon to Europe. Indeed, in the sixth century BC, Solon of Athens is reputed to have conscripted slaves to serve as prostitutes in brothels. For almost a century international instruments have been in force with the specific aim of eliminating this pernicious activity. That efforts to put a halt to trafficking began in earnest at the dawn of the twentieth century, the century when human rights and respect for the individual blossomed, seems fitting. Yet, strangely, it is in the last decade of this century that the Member States of the European Union have witnessed an upsurge in trafficking. Far from eliminating the trade in women, it is the abuse of women and girls which has grown to alarming proportions.
MILLNS, Susan. "Homosexual rights or wrongs? : homosexuality and the law in the United Kingdom and under the European Convention on Human Rights." Doctoral thesis, 1991. http://hdl.handle.net/1814/5467.
Full textGUERRERO, Marion. "Lawyering for LGBT rights in Europe : the emancipatory potential of strategic litigation at the CJEU and the ECtHR." Doctoral thesis, 2018. http://hdl.handle.net/1814/60246.
Full textExamining Board: Professor Claire Kilpatrick, EUI (EUI Supervisor); Professor Ruth Rubio, EUI; Professor Kees Waaldijk, Leiden University; Professor Iyiola Solanke, University of Leeds
In Europe, the decisions of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) develop influence that transcends the particular case at hand. While this development has been criticised by progressive scholars, this thesis argues that it also enables civil society to participate in judicial decision making processes. In the context of Lesbian, Gay, Bi and Transgender (LGBT) rights, this thesis investigates whether "strategic litigation" before the European High Courts can be a feasible and emancipatory endeavor. The concept of "strategic litigation" - developing long-term litigation strategies in order to induce legal, social and/or political reform - is based on the recognition that adjudication is, to a large extent, a political process. To this end, strategic litigation as a (political) strategy is introduced and positioned within legal theory and the literature on "cause lawyering." Within Europe, this thesis focuses on the ECtHR and the CJEU as potential fora for strategic litigation. In order to assess their case law from an activist point of view, a "strategic litigation opportunities" framework is designed. This framework both illuminates indicators for activist intervention, and highlights the agency of LGBT rights advocates in litigation. By doing so, it challenges the view of adjudication as a purely “top-down” process. Lastly, a case study on the US LGBT rights movement, and the effective strategic litigation on (same-sex) marriage equality it has engaged in, serves as an example for the successful application of a long-term cause lawyering approach. Ultimately, this thesis will conclude that strategic LGBT rights litigation at the European High Courts can, indeed, be a feasible and emancipatory endeavour, by establishing: 1) European High Courts exert quasi-legislative power. 2) European High Courts provide procedural spaces for activist LGBT rights lawyers. 3) The European High Courts’ case law can be analysed and utilised in a progressive LGBT-rights enhancing way.
One Chapter of the PhD thesis draws upon an earlier version published as an article 'Jenseits der Kernfamilie 'funktionale Elternschaft', eine progressive Alternative aus den USA' (2010) in the journal ‘Juridikum
One chapter of the PhD thesis draws upon an earlier version published as chapter 'Activating the courtroom for same-sex family rights : windows of opportunity for strategic litigation before the European Court of human rights (ECtHR)' (2014) in the book ‘Rights on the move : rainbow families in Europe : proceedings of the conference : Trento, 16-17 October 2014’
RINGELHEIM, Julie. "Diversité culturelle et droits de l'homme : l'émergence de la problématique des minorités dans le droit de la Convention européenne des droits de l'homme." Doctoral thesis, 2005. http://hdl.handle.net/1814/4760.
Full textExamining Board: Prof. Philip Alston (Supervisor, European University Institute) ; Prof. Bruno de Witte (European University Institute) ; Prof. Olivier De Schutter (Co-Supervisor, Université catholique de Louvain) ; Prof. Hélène Ruiz-Fabri (Université Paris I-Panthéon Sorbonne)
First made available online 30 March 2017
La diversité culturelle croissante des sociétés européennes et les tensions qu'elle engendre sont au cœur d'importants débats contemporains. Dans le champ juridique, ces débats se cristallisent autour de la notion de protection des minorités ethniques, religieuses ou linguistiques. Ce livre propose une analyse de la contribution de la Convention européenne des droits de l'homme à la protection de ces minorités. La Convention ne contient pas de disposition spécifique relative aux droits des personnes appartenant à des minorités. L'ouvrage montre cependant, à travers un examen critique de la jurisprudence de la Cour européenne des droits de l'homme, comment les droits individuels classiques, garantis par la Convention, permettent d'assurer le respect et la protection des identités minoritaires. Encore faut-il que ces droits soient interprétés de manière dynamique, à la lumière des principes sur lesquels la Convention se fonde, à savoir les notions de liberté, d'égalité et de société démocratique. La délicate question des limites du respect dû aux spécificités culturelles est également abordée. Pour éclairer les problèmes théoriques soulevés par la jurisprudence de la Cour, l'analyse prend en compte les débats menés en philosophie politique sur le thème du multiculturalisme et de la conciliation des différences dans une société démocratique.
HERMANIN, Costanza. "Europeanization through judicial enforcement? : the case of race equality policy." Doctoral thesis, 2012. http://hdl.handle.net/1814/22689.
Full textExamining Board: Professor Adrienne Heritier (EUI/RSCAS) (Supervisor); Professor Lisa Conant (Univ. Denver); Professor Bruno De Witte (formely EUI/Univ. Maastricht); Professor Daniel Sabbagh (CERI, Sciences Po, Paris).
First made available online on 7 November 2019
Ten years after its enthusiastic adoption in 2000, the Race Equality Directive (RED) - a deeply innovative and indeed overall far-reaching piece of equal treatment legislation – seems to be still little enforced at the level of European courts. Why? Neither a sudden retrenchment of race discrimination in Europe, nor the inaptitude of the policy to generate European Union (EU)-law litigation, can easily explain the scarce signs of the extensive judicial enforcement that characterise other EU equal treatment policies, such as those on EU-nationality, gender and age. This study zooms in on the realm of domestic politics and judicial enforcement to inquire into cross-sectional and cross-national variations in the implementation of EU equal treatment policy. To do so, I rely upon analytical tools developed by three branches of EU studies scholarship — Europeanization, compliance and judicial politics literature — and I apply them to the yet unexplored domain of race equality policy. Tracing the process of transposition, in the first place, and analysing case law databases and expert interviews with legal practitioners, in the second place, I inquire into compliance and judicial enforcement in three EU countries: France, Germany and Italy. The findings of this comparative study confirm a very limited judicial enforcement of the RED, especially as domestic patterns of adversarial litigation in the domain of race equality are concerned. I explain this divergence looking at the ‗containment‘ action that domestic policymakers may exert on directives at the moment of transposition. In the case of the RED, this action crucially impinged on aspects likely to determine enforcement dynamics, such as those elements of the process regulating access to judicial redress. This work shows that in the case of a policy measure such as the RED, focused on individual judicial redress and mainly targeted towards disadvantaged end-users, the harmonization of some process elements is crucial to determining converging implementation dynamics. If Europeanization is contained at the moment of transposition, judicial enforcement can be seriously hindered at the national as well as the supranational levels even in presence of domestic legal mobilization. In addition to that, the thesis shows how limited raceconsciousness is to be found in contemporary European jurisprudence as well as in the claims filed by antidiscrimination law applicants.
SMYSLOV, Maxim. "The international legal protection of minorities : non-discrimination v special rights." Doctoral thesis, 1992. http://hdl.handle.net/1814/4788.
Full textExamining board: Prof. A. Cassese, supervisor, European University Institute ; Dr. A. Eide, Director, Norwegian Institute of Human Rights ; Prof. Yu. Kolosov, Moscow Institute for International Relations ; Prof. D. Türk, University of Ljubliana ; Prof. J. Weiler, co-supervisor, Harvard Law School
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Gregan, Sydney Henry. "Groepsregte en menseregte in 'n plurale samelewing." Thesis, 2015. http://hdl.handle.net/10210/14202.
Full textDorough, Darlene (Dalee) Sambo. "The status and rights of indigenous peoples in international law : the quest for equality." Thesis, 2002. http://hdl.handle.net/2429/13470.
Full textJÖRGENS, Frédéric. "The individual, the couple and the family: Social and legal recognition of same-sex partnerships in Europe." Doctoral thesis, 2007. http://hdl.handle.net/1814/7042.
Full textExamining board: Prof. Peter Wagner, Supervisor, EUI ; Prof. Donatella Della Porta, EUI ; Prof. Eric Fassin, Ecole Normale Supérieure, Paris ; Prof. Jeffrey Weeks, University of the South Bank, London
First made available online 25 June 2015.
This study analyzes the role of social and legal transformations regarding homosexuality in the construction of gay and lesbian identities. In this respect, the recognition of same-sex couples constitutes a fundamental element of a changing social environment in the contemporary European context and as a phenomenon stands at the centre of the inquiry. The interest in the functions of the law in identity construction explains the topical focus on legal changes. Qualitative research methods are combined with a theoretical inquiry into notions of recognition and identity. Fifty in-depth interviews have been conducted in France, Germany, Italy and the UK. The fieldwork focuses on a metropolitan lesbian and gay bar milieu: respondents were approached in bars and cafés in Berlin, London, Paris, and Rome. This fieldwork and the discourses and narratives that stem from it constitute the main empirical source of the project. The notion of identity management (Goffman), a critical theory approach to recognition (Honneth) and a social theory approach to the individual and social change (Kaufmann) feed into the research project from the outset and are in tum informed by it. What does it mean for lesbians and gays to experience the current debates on same-sex marriage and partnership laws? How, if at all, do the normative changes in their social environments affect their life plans, the understanding of their own lives, and the expression of homosexuality in public settings? How can the researcher link the very personal level of individual lives to the macro-level of normative change in society at large and in the legal and political realm?
STAIANO, Fulvia. "Family life and employment of immigrant women in the European legal space : gender bias of legal norms and the transformative potential of fundamental rights." Doctoral thesis, 2014. http://hdl.handle.net/1814/33452.
Full textExamining Board: Professor Ruth Rubio Marín, European University Institute (Supervisor); Professor Bruno De Witte, Maastricht University and European University Institute; Professor Massimo Iovane, Università degli Studi di Napoli Federico II; Professor Siobhán Mullally, University College Cork.
This thesis starts from the consideration that law, mainly but not exclusively immigration law, can disproportionally and negatively affect immigrant women's enjoyment of their rights in conditions of equality with both immigrant men and citizen women. These perverse effects are equally evident in the fields of family life and in that of employment. In the light of this observation, the aim of this thesis is twofold. On the one hand, it seeks to verify the presence of such gendered shortcomings in apparently neutral norms applicable to immigrant women in the European legal space, both at European and domestic level. On the other hand, and most importantly, it aims to verify the transformative potential of human and fundamental rights law in this area, exploring the beneficial effects as well as the defects of this source per se and in its judicial application vis-à-vis biased norms applicable to immigrant women. In order to pursue this objective, this thesis explores three different levels of protection and enforcement of immigrant women's human and fundamental rights in the European legal space. Chapter 1 is devoted to the human rights framework established by the Council of Europe, with a special focus on the European Convention on Human Rights. Chapter 2 discusses European fundamental rights law, with main reference to the Charter of Fundamental Rights and Freedoms of the European Union. In Chapters 3 and 4 the national case studies of Italy and Spain will be analysed respectively, with reference to the multi-level system of fundamental rights protection in force in their legal orders.
MARGIOTTA, Costanza. "Il diritto di secessione : presupposti teorici e profili internazionalistici." Doctoral thesis, 2002. http://hdl.handle.net/1814/4702.
Full textExamining board: Prof. Massimo La Torre (Supervisor, University of Catanzaro) ; Prof. Mauro Barberis (University of Trieste) ; Prof. Bartolomé Clavero (University of Sevilla) ; Prof. Christian Joerges (European University Institute)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Leger, Sylvie N. ""People" and "minority" from theory to reality." Thesis, 1999. http://hdl.handle.net/2429/9165.
Full textGOODWIN, Morag. "The Romani claim to non-territorial nationhood : taking legitimacy-based claims seriously in international law." Doctoral thesis, 2006. http://hdl.handle.net/1814/6362.
Full textExamining Board: Prof. Neil Walker (Supervisor, European University Institute) ; Prof. Michael Keating (European University Institute) ; Prof. James Tully (University of Victoria) ; Mr. Stephen Tierney (University of Edinburgh)
First made available online on 14 May 2018
This thesis does not, however, take Catholics or English Asians as its focus, but the most disadvantaged and marginalised group in Europe: the Roma. The daily discrimination and violence Roma face in Europe and beyond is well-documented. It is not, however, the subject of consideration here. Rather, it is the claim of the Romani movement that the globally scattered groups of Roma constitute a nonterritorial nation that is the subject of this thesis. I first encountered the claim to nonterritorial nationhood in a document submitted as part of the Romani delegation to the 2001 World Conference Against Racism. The incongruence of this claim with the centrality of territory to political organisation and, consequently, to international law was striking. Yet, enquires made with my colleagues and with a wider circle of Romani leaders about the nature of this claim elicited confusing answers. This thesis project began, therefore, with the simple aim of understanding the claim itself: what was being asked for? How was a non-territorial nation to be understood? What was the claim intended to gain for those in whose name it was being made? In addition to questions internal to the nature of this particular claim, the second aim of this research was to take an external perspective. I wanted to understand how such a claim would be received: to whom was the claim being made? What consequences flowed, or could flow, from the status of being a non-territorial nation?
Sandford, Christie. "Kymlicka and the aboriginal right." Thesis, 1996. http://hdl.handle.net/2429/5662.
Full textANIŠIĆ, Maša. "Innovative aspects of the UN convention on the rights of persons with disabilities." Doctoral thesis, 2013. http://hdl.handle.net/1814/28025.
Full textSupervisor: Dr. Claire Kilpatrick, European University Institute.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The thesis examines the innovations introduced by the United Nations Convention on the Rights of Persons with Disabilities in the international human rights arena. It addresses three separate aspects of the Convention, i.e., its drafting process, its general and substantive provisions, and its provisions on implementation and monitoring. The main focus of the thesis is on the innovative mechanisms for stronger social rights realisation found within the general and substantive provisions of the Convention. The thesis argues that the Convention’s innovative use of nondiscrimination, equality, and social participation mechanisms presents a new tool that moves social rights closer to civil rights and consequently provides an effective framework for their stronger realisation. The drafting process and the implementation provisions are analysed to the extent to which they relate to the stronger social rights realisation. The thesis argues that the innovations in the drafting process affected the experimental nature of the Convention’s content and explores the future implications of stakeholder participation in the Convention’s drafting process by comparing it to the drafting of other relevant international treaties. The innovations within the implementation and monitoring provisions are relevant to the fostering of social rights, since these provisions are tasked with transforming the Convention’s text into an actual lever of change. The thesis identifies the problems currently faced by the treaty bodies, and provides an overview of the CRPD’s mechanisms to address such problems. The thesis aims to determine whether these innovations are CRPD specific, or part of a broader trend in international human rights law and to offer some concluding remarks on the Convention’s innovative mechanisms, particularly where they relate to fostering the stronger realisation of social rights and their potential to produce effects beyond the scope of disability law.
KOMNINOS, Assimakis P. "Decentralisation and application of EC competition law by national courts and arbitrators : the awakening of EC private antitrust enforcement." Doctoral thesis, 2007. http://hdl.handle.net/1814/6908.
Full textExamining Board: Prof. Claus-Dieter Ehlermann (Supervisor, European University Institute) ; Prof. Laurence Idot (Ext. co-supervisor, Université Paris I Panthéon-Sorbonne) ; Sir Francis Jacobs (King's College London) ; Prof. Christian Joerges (European University Institute)
First made available online 11 September 2018
This dissertation, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.
Kufakunesu, Patson. "The historical and contemporary sociolinguistic status of selected minority languages in civil courts of Zimbabwe." Thesis, 2017. http://hdl.handle.net/10500/23584.
Full textLinguistics and Modern Languages
D. Phil. (Language, Linguistics and Literature)
Ravulo, Jioji J. "The development of anti-social behaviour in Pacific youth." Thesis, 2009. http://handle.uws.edu.au:8081/1959.7/487737.
Full textDent, Kate Jean. "Minority rights and majority politics : a critical appraisal." Diss., 2015. http://hdl.handle.net/10500/21147.
Full textJurisprudence
LL. M.
Difford, Crystal. "International refugee law in Europe and the temporary relocation scheme : on durable solutions for the refugee child during the refugee crisis." Diss., 2017. http://hdl.handle.net/10500/23832.
Full textPublic, Constitutional and International Law
LL. M.
Sweetman, Roseanne Lopers, Henriette Thompson, Bernard Zylstra, and Robert E. VanderVennen. "Perspective vol. 15 no. 1 (Feb 1981)." 2013. http://hdl.handle.net/10756/251300.
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