Dissertations / Theses on the topic 'National rights'
To see the other types of publications on this topic, follow the link: National rights.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'National rights.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Kaguongo, Waruguru. "Prisoners' rights: the role of national human rights institutions in Africa." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/991.
Full textAbstract:
"This dissertation seeks to investigate: (a) whether national human rights institutions are best suited to oversee the improvement of prison conditions; (b) why national institutions are in a better position than others working in this field to monitor the respect of prisoners' rights; and (c) some of the ways in which national institutions can achieve this objective. This will entail an examination of the nature of prisoners' rights and prison conditions and, thereafter, the general character and elements that define national human rights commissions in terms of organization and establishment. These elements will be considered with a view to finding out whether they offer any advantages that can positively influence the conditions of prisons and prisoners and if so, how. It is recognized that national institutions are not the only ones involved in seeking to improve prison conditions. It will be argued however, that even with the existence of the other bodies, there still exists the need for national institutions to be expressly mandated to inspect and monitor the adherence to standards on prisoners' rights. The argument will again be based on the examination of the unique characteristics that these institutions possess as distinguished from other bodies, and the potential these characteristics have to ameliorate the conditions in which prisoners find themselves. ... Chapter one introduces the study and the questions that have prompted the study. Chapter two looks at the nature of pisons, how they began to be and what purposes they serve. This chapter also examines the conditions of prisons in Africa. The scope of chapter three is prisoners' rights, what they are, their justification and the legal regime that regulates their observance. Chapter four focuses on the implementation aspect by looking into what national human rights instiutions are. The final chapter will examine how national institutions have utilized or might utilize their characteristics in favor of the protection of the human rights of prisoners. Conclusions and recommendations will then follow." -- Chapter 1.Prepared under the supervision of Dr. Jean Allain at the Political Science Department, American University in Cairo, Egypt
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
2
Marcinkutė, Lina. "Human Rights Versus State Sovereignty in the Lithuanian National Human Rights Policy." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20121127_151106-88856.
Full textAbstract:
After regaining its independence in 1990, Lithuania has demonstrated the will to establish the universal human rights standards in the country as soon as possible. However, taking into account the country’s policy in the later years of independence, it’s not clear whose interests – state of individual – are more important and how these concepts coexist in the framework of Lithuanian human rights policy. The aim of the research is to examine wherever state sovereignty and human rights are (in)compatible with each other in the policy-making context of Lithuanian human rights policy. Aiming to achieve the above mentioned aim the Lithuanian human rights policy-making context, factors affecting this policy, national legal basis on human rights, fourteen programmes of the Government through the prism of human rights are analyzed. In conducting the research the following research methods were used: documents and legal acts analysis, semi-structured interview, as well as comparative analysis. Empirical research data indicates that Lithuanian human rights policy could be described as fragmented, lacking integrity and balanced attention to all human rights; strongly expressed social economical dimension the other key feature of this policy. In the context of such policy the relation between the human rights and state sovereignty is rather mixed. On the one hand, the external sovereignty is compatible with human rights and freedoms; they complement each other. Meanwhile the supremacy... [to full text]Nors 1990 m. atgavusi nepriklausomybę Lietuva pademonstravo ryžtą kuo greičiau šalyje įtvirtinti visuotinai pripažintus žmogaus teisių principus, visgi įvertinant vėlesniais nepriklausomybės metais valstybės formuojamą politiką, nėra visiškai aišku, kieno interesai – valstybės ar individo – yra aktualesni ir kaip (ar) jie tarpusavyje dera Lietuvos valstybės politikoje. Disertacijos tikslas – ištirti, ar valstybės suverenitetas ir žmogaus teisės yra (ne)suderinami vienas su kitu Lietuvos nacionalinės žmogaus teisių politikos formavimo kontekste. Siekiant užsibrėžto tikslo analizuojamas Lietuvos žmogaus teisių politikos formavimosi kontekstas, jį įtakojantys veiksniai, nacionalinė žmogaus teisių teisinė bazė, keturiolika Vyriausybės programų per žmogaus teisių prizmę. Atliekant tyrimą naudojama teisės aktų ir dokumentų analizė, pusiau struktūruotas kokybinis interviu, taip pat palyginamoji analizė. Empiriniai tyrimo duomenys rodo, kad Lietuvos politika žmogaus teisių atžvilgiu yra fragmentiška, stokojanti integralumo, tolygaus dėmesio visoms žmogaus teisėms ir joje stipriai išreikšta socialinė, ekonominė dimensija. Tokios politikos kontekste žmogaus teisių ir valstybės suvereniteto tarpusavio sąryšis vertintinas nevienareikšmiškai. Viena vertus, išorinis suverenitetas yra suderinamas su žmogaus teisėmis; jie papildo vienas kitą. Tuo tarpu vidaus politikoje valstybės interesų viršenybė individo atžvilgiu sudaro prielaidas teigti, kad žmogaus teisės nėra suderinamos su vidiniu... [toliau žr. visą tekstą]
3
Chenwi, Lilian Manka. "National human rights institutions: a comparative study of the national commissions of human rights in Cameroon and South Africa." Diss., University of Pretoria, 2002. http://hdl.handle.net/2263/978.
Full textAbstract:
"Implementation of human rights instruments, and protection and promotion of human rights at the national level is a contemporary phenomenon that is still developing. The African Charter on Human and Peoples' Rights and the Paris Principles provide for the creation of national institutions to carry out this task. This has led to national human rights institutions (NHRIs) becoming more prominent actors in the national, regional and international arena. However, NHRIs still face the problems of legitimacy, operational constraints, and ignorant population. These factors constrain the effective functioning of these institutions. It should be noted that the key constraint on the effective functioning of NHRIs is legitimacy. Such institutions usually find themselves not legitimate in the eyes of the people they are created to serve. The above brings to mind the question - what makes a NHRI effective? Generally, there is no consensus as to the effectiveness of NHRIs This study has therefore been triggered by widespread perceptions and reports within civil society that such institutions are left at the mercy of governments in power. Others have seen such institutions as a "double-edged sword" - in the best of circumstances, they strengthen democratic institutions but they can also be mere straw men, part of government's administrative machinery to scuttle international scrutiny. Another issue that has actuated this study is the misconception that people have about some NHRIs. This misconception originates not so much from the actual operation of human rights commissions but from the history of past ombudsman institutions that have purported to protect human rights." -- Chapter 1.Prepared under the supervision of Professor Michelo Hansungule at the Faculty of Law, University of Pretoria, South Africa
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2002.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
4
Meir, Adiel. "Administrative detentions : balancing civil rights and national security." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/31598.
Full textAbstract:
In response to the threat of modern terrorism, democratic governments take steps which curtail civil rights, ostensibly to protect national security. Administrative detention is one of the more commonly taken steps. This paper traces the history of civil liberties and administrative detention in Britain, Canada, the United States, and Israel and examines why democracies deem the continued use of this tool necessary in dealing with perceived national security threats. The advantage of the perspective gained from historical distance, and ways in which democracies might learn from each other's experiences will be explored. The first chapter will examine eras in which administrative detentions have been used, reasons they were deemed necessary, whom they were used against, and the procedures employed in imposing them. This reflection provides insight into what constitutes a true crisis in the life of a democracy, and when it has been considered appropriate to take extraordinary steps to curtail civil liberties in order to protect a nation's democratic way of life. The second chapter will survey the legal tools used to combat terrorism by the United States following the attacks of September 11, 2001, as these pertain to detention of immigrants, and to the relevant provisions in the Patriot Act. The detention of non-citizens as well as American citizens detained and classified as enemy combatants, raises profoundly important issues central to the meaning of life under constitutional government. The third chapter will highlight Israel, a unique democracy which has grappled with terrorism from its very inception. The manner in which Israel has used administrative detentions provides valuable lessons regarding methods which work, and methods which should not be sanctioned. The fourth chapter will address the use of security certificates in Canada. Although Canada's recent Supreme Court ruling that security certificates are unconstitutional should be lauded, solutions to the issues raised in balancing individual rights to procedural fairness and fundamental justice, against public safety, remain largely unexplored. Practical methods used by other Western democracies in order to reach a "middle ground" which would afford the detainee an appropriate measure of due process, while preserving national security, will be discussed.Law, Peter A. Allard School of
Graduate
5
Gore, Cortes Sarah. "Immigration, citizenship rights and national identity in Catalunya." Thesis, University of Edinburgh, 1999. http://hdl.handle.net/1842/22258.
Full textAbstract:
This dissertation explores links between immigration into Catalunya and Catalan nationalism. This topic is important since sixty percent of present day Catalans are immigrants, or their descendants. In this light the following questions are investigated: How has immigration influenced conceptions of Catalunya as a nation? How has Catalan nationalism managed to include these members of its society in the Catalan project? What is 'the Catalan model of integration'? How is the more recent immigration from outside the European Union viewed? How has the notion of 'integration' been translated into citizenship for these immigrants? And, how do immigrants themselves view this process of 'integration'? Earlier literature on immigration in Spain and Catalunya tended to focus on understanding Spain's new role as a country of immigration. These studies were mostly policy-driven and quantitative. Their main aim was to provide a map of immigration in terms of numbers, places of origin and settlement, gender and sectors of employment. This dissertation aims to provide a more historical and wider analysis of the phenomenon. The historical roots of immigration are examined in order to understand the present situation; a more qualitative approach is taken with reference to immigrants' views and experiences; and finally it links issues of immigration to wider debates surrounding citizenship rights and Catalan nationalism. The main results of the dissertation can be summarised as follows: First, Catalan nationalism has been fairly successful in including immigrants in its project; this has been possible because of its civic nature. Accordingly, a person who 'lives and works in Catalunya' is defined as a Catalan. Likewise, the Catalan language has become a core symbol of Catalan nationalism and a key instrument of integration in to Catalan society. Second, an analysis of the debates surrounding 'historic immigration' highlights the way in which the 'Catalan model of integration' developed.
6
Zizmond, Helena. "National Minority Rights : A Caste Study of Croatia and the National Minority Croatian Serbs." Thesis, Växjö University, School of Social Sciences, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:vxu:diva-1917.
Full textAbstract:
The Serbs are a national group which has been disliked by the Croats for hundreds of years. Even before Croatia became a part of Yugoslavia, the country wanted its independence. However, before and after the break up of Yugoslavia, there was a strong nationalism in the country which led to hatred towards the Serbs and the Serb minorities in Croatia. Studies have shown that minorities often are disfavoured by the majority decisions. This leads to a disadvantageous position for the minorities in the relation to the majority. The problem is how a state should compensate these groups for their disadvantageous position to be able to ensure justice and equality for all citizens within the country.
The aim of this thesis is to compare Croatia’s formal national minority rights with the actual national minority rights of the Serbs and to see whether they coincide with each other. The research questions are:
• What formal minority rights do Croatian Serbs have in Croatia?
• What minority rights do Croatian Serbs have in reality?
The method used in this study is the qualitative text analysis.
The conclusion of this thesis is that Croatia has a positive attitude towards minority rights and the Serb minority, as Croatia has allocated group-differentiated rights to its national minorities. The Croatian view upon national minority rights coincides to a large extent with Will Kymlicka´s theory. Furthermore, the formal rights and the virtual rights regarding education, language, culture and proportional representation coincides to a great extent if not precisely.
7
Chalabi, A. "National Human Rights Action Plans : a roadmap to development." Thesis, University College London (University of London), 2015. http://discovery.ucl.ac.uk/1466162/.
Full textAbstract:
This study sought to explore ‘National Human Rights Action Plans’ (NHRAP), as a largely under-researched area, from theoretical, doctrinal and empirical perspectives. At the theoretical level, by arguing that the realisation of human rights is the means and ends of development, this study laid a conceptual foundation for NHRAPs and set the stage for drawing a link between human rights-based development and NHRAPs. At the doctrinal level, by conducting a textual analysis of all the nine core human rights conventions, general comments, reports and concluding observations, this investigation showed that each of these conventions places upon states parties an immediate obligation to adopt a NHRAP which must be geared towards realising human rights. At the empirical level, the method of investigation was based on a cross-case study design to explore general problems across existing plans and a focused-case study design to assess the effectiveness of NHRAPs in practice. The cross-case analysis of thirty nine countries’ NHRAPs identified, at least, fourteen significant problems in the ‘pre-phase’ and the four phases of planning. This cross-case analysis also explored three important root causes of the problems, including the lack of political will, lack of stakeholder awareness and the traditional concept of planning upon which NHRAPs are based. Among others, it suggests a strategic shift towards the modern concept of planning which is theory-laden, multi-level and evidence-based. For the focused-case study, Australia, which is the world-leader in the formulation of such plans, was selected. The focused-case study of three Australia’s NHRAPs which was informed by four sources of data i.e. a new online survey among experts, an in-depth interview and secondary data, both qualitative and quantitative, provided clear lessons for future practices. It likewise revealed that overall, Australia’s NHRAPs have been slightly effective in realising human rights but the effectiveness of the current plan, which is close to the modern concept of planning, compared with the first two, has improved, particularly in the areas of women’s rights and children’s rights. Together, this study showed that a NHRAP, if properly designed and implemented in line with the modern concept of planning and supported by political will can pave the way for human rights-based development. Otherwise, adopting a NHRAP, by itself, would be more like window dressing rather than an effective roadmap to development.
8
Cameron, Iain. "National security and the European convention on human rights /." The Hague ; London ; Boston : Kluwer law international, 2000. http://catalogue.bnf.fr/ark:/12148/cb377603040.
Full text
9
Young, Catherine L. "The National Rifle Association In Context: Gun Rights in Relation to the National Security State." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/scripps_theses/362.
Full textAbstract:
The National Rifle Association (NRA) has dominated the debate over gun rights since the late 1960s. In many ways, its political power is unassailable. However, a historical analysis of the NRA's deeply rooted connection to the operations of the American government proves this has not always been so. This thesis is an examination of the mission and actions of the NRA through the lens of the government's expansion of power during and beyond the Cold War.
10
Komenda, Ryszard D. "The failure of the international system of protection of human rights: Ethnic and national minority rights." Thesis, University of Ottawa (Canada), 1996. http://hdl.handle.net/10393/10303.
Full textAbstract:
The primary objective of this work is to examine how effective international mechanisms for the protection of minorities are in resolving ethnic conflicts. Often violent, these conflicts threaten the territorial integrity and stability of states; yet in most cases, states oppose implementation of measures to protect minorities. The denial of minority rights is probably the single most important factor in the escalation of ethnic conflicts. This work surveys existing international mechanisms for minority protection and explores the reasons why an effective system for protection of minority rights has yet to be established. It will attempt to answer the following question: Why has the United Nations system failed to deliver effective protection of minorities? The thesis explores changing attitudes towards minorities in the light of theory of international human rights law. Special attention will be paid to the emerging international phenomenon of non-governmental organizations.
11
Hughes, Caroline Sian. "Human rights in Cambodia : international intervention and the national response." Thesis, University of Hull, 1998. http://hydra.hull.ac.uk/resources/hull:3483.
Full text
12
Rodrigues, Guilherme Bonácul. "State Immunity and Human Rights Before National and International Courts." Universidade de São Paulo, 2016. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-29072016-050908/.
Full textAbstract:
State immunity has undergone major changes over time and is still a highly controversial and hotly debated topic. This study aimed to investigate the relationship between human rights and the norms governing state immunity. Located in different geological strata of international law, the clashes between the law of state immunity and human rights drew attention to the struggle among competing conceptions of international law. On one hand, being commonly linked to the principle of sovereign equality and to the need for stability in international relations, state immunity operates when a domestic court cannot exercise jurisdiction over the subject matter of a dispute because one of the parties is a foreign state. On the other, human rights have a different logic and require change and the realization of justice. The development of the body of human rights law allowed to call into question the grant of state immunity in cases in which human rights norms were violated. Legal questions arising from the relationship between state immunity and human rights have been put before domestic and international courts. Having examined the various judgments dealing with these issues, this study contends that the answers to the technical and dogmatic questions originating from the encounter between state immunity and human rights reproduce theoretical conflicts which happen - to use Koskenniemi\'s expression - at a \'higher level of abstraction\'. The ICJ\'s judgment in Jurisdictional Immunities of the State may have crystallized a consensus according to which state immunity trumps the individual\'s right to reparation for serious violations of human rights. This consensus, however, is contingent and can be questioned through the language of international law.A imunidade estatal passou por grandes mudanças através dos tempos e ainda é um tema controverso e bastante debatido. A proposta deste estudo foi investigar a relação entre os direitos humanos e as normas que governam a imunidade estatal. Estando em camadas geológicas diferentes do direito internacional, os choques entre o direito da imunidade estatal e os direitos humanos chamaram atenção para a disputa entre concepções conflitantes de direito internacional. De um lado, sendo comumente relacionada ao princípio da igualdade soberana e à necessidade de estabilidade nas relações internacionais, a imunidade estatal opera quando uma corte não pode exercer jurisdição sobre o objeto de uma disputa em razão de uma das partes ser um estado estrangeiro. De outro, os direitos humanos têm uma lógica diferente e requerem mudança e a realização da justiça. O desenvolvimento do corpo dos direitos humanos permitiu questionar a concessão de imunidade estatal em casos em que normas de direitos humanos foram violadas. Questões jurídicas originadas do relacionamento entre imunidade estatal e direitos humanos foram levadas a várias cortes domésticas e internacionais. Tendo sido realizado o exame dos vários casos lidando com esse assunto, este estudo argumenta que as respostas para as questões técnicas e dogmáticas originadas do encontro entre imunidade de jurisdição e direitos humanos reproduzem conflitos teóricos que ocorrem - na expressão de Koskenniemi - em um \'nível mais elevado de abstração\'. O julgamento da Corte Internacional de Justiça em Imunidades de Jurisdição do Estado pode ter cristalizado um consenso segundo o qual as normas que se relacionam com a imunidade estatal prevalecem sobre o direito individual de reparação por sérias violações de direitos humanos. Tal consenso, no entanto, é contingente e pode ser questionado por meio da linguagem do direito internacional.
13
Bradshaw, Cherry. "Self determination or rights? : problems for nations, states and international relations." Thesis, University of Kent, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.269052.
Full text
14
Poirrier, Lauren. "A Comparative Study of the National First Ladies' Library and the Women's Rights National Historical Park." Youngstown State University / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=ysu1277819335.
Full text
15
Hong, Sung Soo. "Regulatory dilemmas in human rights protection : an analysis of a national human rights institution as a solution." Thesis, London School of Economics and Political Science (University of London), 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.519789.
Full textAbstract:
The purpose of this thesis is to address a regulatory dilemma in human rights and to put forward a solution to this dilemma by examining a National Human Rights Institution (NHRI). First, the regulatory dilemma is addressed from the viewpoint of the systems theory of Luhmann and the discourse theory of Habermas. In particular, the welfare state adopted juridification in order to pursue social justice but this state regulation leads to an unintended result, that is, a functional disorder (systems theory) and the colonization of the life world (discourse theory). However, we cannot go back to the liberal paradigm which is simply oriented towards protecting the autonomy of individuals but is therefore indifferent to the consequential social problems of inequalities and injustice. This creates a dilemma between the liberal paradigm and the social-welfare paradigm. The second aim is to examine how the regulatory dilemma can be resolved through a new paradigm of regulation which is influenced by systems theory, discourse theory and regulatory scholarship. Third, we will examine the question whether an NHRI, as an alternative institution with a different status and regulatory mechanism from other national institutions, could play a role in avoiding the regulatory dilemma in human rights. The last section is dedicated to discussing sexual harassment as an example to investigate whether an NHRI could be an alternative institution which could overcome the regulatory failure of other institutions and provide a useful solution to tackling sexual harassment. All in all, it is anticipated that this thesis will illustrate the actual application of systems theory, discourse theory and regulatory scholarship to the regulation of human rights, and that it will shed a theoretical light on the idea of an NHRI, which has not yet been actively researched from the theoretical viewpoint.
16
FISCHER, ANDREW MARIAS. "RECOMMENDATIONS FOR INSTREAM FLOW RIGHTS ON NATIONAL FOREST LANDS IN MONTANA." The University of Montana, 2010. http://etd.lib.umt.edu/theses/available/etd-05172010-171119/.
Full textAbstract:
A unique opportunity exists to create instream water rights on national forest lands in Montana as a result of the US Forest Service Reserved Water Rights Compact between the US Forest Service (USFS) and the state of Montana, which went into law in 2007. Instream water rights on national forest lands are important because they have the potential to protect streamflows that support many vital ecosystem functions in our forests from water development pressures. Montana Trout Unlimited has an interest in advancing and accelerating this effort by providing stream recommendations to the USFS for the establishment of future water rights. The primary purposes of this paper are to offer recommendations to Montana Trout Unlimited for streams in Montana that would benefit the most from a US Forest Service instream water right and why, to develop an effective process for doing so, and to identify how Montana Trout Unlimited can help in this larger effort. Through the solicitation of stream recommendations from biologists and fisheries manager across the state and the development of a ranking worksheet to prioritize these recommendations, the final product of this research was a ranked stream list to help guide future efforts to establish USFS instream water rights. The USFS need to act on these recommendations and increase their investment in this effort before new water development pressures adjacent to national forests occur. Establishing water rights will enable the USFS to be a legal stakeholder in the water resources on national forest lands in Montana and ensure the long term health of our forests in the state.
17
Carver, Richard John. "The evolution of national human rights institutions mandate, structure and effectiveness." Thesis, Oxford Brookes University, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.618729.
Full textAbstract:
In 25 years national human rights institutions (NHRIs) have evolved from a sparse and diverse phenomenon to a very familiar part of the landscape of human rights protection. This body of work, written over the same period, evaluates the NHRI experience from three different perspectives. First, it maps the development of NHRIs, with a regional focus on Africa and Central and Eastern Europe, tracing the origins of such institutions not only in accessible mechanisms for complaint resolution but also as a way of meeting states' international law obligations for accountability. It discusses the variety of institutional forms and typologies of NHRls. Second, the work anatomizes the role of NHRls as agents of international law - the means by which human rights standards are domesticated. It discusses the increased orientation in recent years of NHRIs towards the international system, as well as an increasing engagement by UN treaty bodies and the Human Rights Council with NHRls. Thirdly, the work discusses criteria for evaluating the effectiveness of NHRIs. It considers how these are distinct from the legal norms that underpin the foundation of national institutions, taking in issues such as accessibility, links with civil society and public legitimacy. It looks in particular at how NHRIs can be an effective resource for meeting obligations in areas such as the human rights of non-nationals and displaced persons. Finally, the work sets out a further agenda for research on the impact of NHRls, proposing an effectiveness framework to evaluate NHRl work and a method for determining the importance of NHRls in torture prevention.
18
Khayundi, Francis Bulimo Mapati. "The Kenya National Human Rights Commission and the promotion, protection and monitoring of socio-economic rights in Kenya." Thesis, Rhodes University, 2018. http://hdl.handle.net/10962/60413.
Full textAbstract:
The promulgation of the 2010 Constitution of Kenya introduced socio-economic rights (SERs) amid widespread poverty and rising inequality. This study seeks to answer the overarching question, what role can the Kenya National Commission on Human Rights (KNCHR) play in promoting, protecting and monitoring SERs in Kenya? Further research questions included whether the KNCHR has the requisite powers to perform its mandate and what lessons could be learned from the South African context. The research sought to understand how the local context affects the ability of KNCHR to carry out its mandate. Likewise, it analyses some of the contributions KNCHR has made in the promotion and protection of SERs while identifying the challenges the Commission faces in carrying out its mandate. Several methodologies were utilised to answer the research questions above. The methodologies included the doctrinal method, analysis of secondary sources and interviews with key informants. A comparative legal research methodology was also employed, with the SAHRC being used as a case study on how NHRIs can promote, protect and monitor SERs. The findings from the research argue that the Paris Principles provide the minimum guidelines on the establishment of NHRIs. Compliance with these Principles has not necessarily guaranteed the effectives of NHRIs. Any assessment of an NHRI should be based on its performance and legitimacy considering the local factors obtaining within its jurisdiction. The domestic protection and judicial enforcement of human rights in Kenya, though crucial to the realisation of SERs, has been fraught with challenges. These challenges have meant that the realisation of SERs has been curtailed and necessitated complementary institutions for human rights to be realised. Given the country’s constitutional architecture, the KNCHR was one such institution that could complement the role of the judiciary given its wide mandate. With SERs a new feature of the 2010 Constitution, the KNCHR had to find ways to promote SERs in the country considering the local peculiarities such as poverty, a highly political climate and lack of political goodwill from the legislature and executive sometime characterised by open hostility. These challenges and the new nature of these rights called for a comparative study with the SAHRC given some similarities between the two jurisdictions. The SAHRC provided valuable lessons having had more experience in dealing with SERs while navigating similar challenges the KNCHR faced or might face. The findings of the research prompted recommendations directed at the KNCHR and other stakeholders, specifically the legislature and executive on how to address the challenges curtailing the performance of the KNCHR in general and particularly ways in which the Commission could go about in promoting, protecting and monitoring SERs.
19
Bruno, Menzan. "Determinating the impediments to the efficiency and effectiveness of the national Human Rights commision of Côte d’Ivoire : are the Paris principles a Panacea?" Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/16743.
Full textAbstract:
In 1991, the first major international gathering on the issue of National Human Rights Institutions (NHRIs) was held from the 7 to the 9 October in Paris during the first International Workshop on National Institutions for the Promotion and Protection of Human Rights under United Nations (UN) auspices. The outcome of such meeting is the Paris Principles adopted by the United Nations Human Rights Commission Resolution 1992/54 of 1992 and the General Assembly Resolution 48/134 of 1993. The Paris Principles relate to the status and functioning of national institutions for protection and promotion of human rights and ‘have become the benchmark against which national human rights institutions are measured'.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Solomon Dersso of the Faculty of Law, University of Addis-Ababa. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
20
Fleming, Michael. "National minorities in post-Communist Poland : constructing identity." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.391058.
Full text
21
Conniry, Krystal Lynn. "National Security, Mass Surveillance, and Citizen Rights under Conditions of Protracted Warfare." PDXScholar, 2016. http://pdxscholar.library.pdx.edu/open_access_etds/3204.
Full textAbstract:
This paper explores the complex relationship between securing the rights of citizens to privacy and national security priorities under conditions of government mass surveillance. The inquiry examines the conflict between those who support and those who stand in opposition of government surveillance, and is framed around the question of whether changes in technology and the concept of nationalism help inform our understanding of the increase in surveillance post-9/11. From a peace and conflict studies perspective, the work analyzes how the rise of nationalism in the post-9/11 era and the protracted wars against terrorism, in combination with the growth of technological power, have impacted the relationship between state-surveillance and democracy. Findings identify protracted warfare, technology and corporate profits as conflict drivers within the surveillance system, which gives rise to moral dilemmas and structural polarizations in the political culture and institutions of the state and society. The analysis concludes that these dilemmas systematically create an imbalance of power between the citizen to the state, and cannot be fully addressed unless the efficacy of war is critically questioned.
22
Gómez-Martinez, Osvaldo. "Property rights, growth and development : an in-depth cross-national comparative analysis." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708486.
Full text
23
Bjorge, Eirik. "A theory of national application of the European Convention on Human Rights." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:886adfa8-c036-415c-9268-cc1f828792a5.
Full textAbstract:
This study seeks to flesh out a theory of national application of the European Convention on Human Rights (ECHR). It does so by seeking to provide an answer to the research question, ‘what is the proper role of the domestic courts in the application of the European Convention?’ By relying upon the examples of French, German, and UK law, the study argues that it is not true in descriptive terms, nor desirable in normative terms, that the domestic courts take an approach to the ECHR based upon friction and assertion of sovereignty. This study argues instead that domestic application of the ECHR is built on the attainment of certain aims. These aims are inferred, in the main, from the domestic courts’ jurisprudence, such as it relates to four central ECHR doctrines, and they are: the doctrines of evolutionary interpretation; proportionality; the margin of appreciation; and autonomous concepts. On the basis of an analysis of this jurisprudence, the four aims are identified as being, first, honouring the principle of pacta sunt servanda; secondly, the safeguarding of human rights based upon the insight that human rights are a paramount good to be pursued; thirdly, the aim of positive, as opposed to negative, rights diversity; and, fourthly, the aim that conclusions reached on the domestic level of one state must be capable of being universalized. The approach of the domestic courts to the application of the ECHR can be explained on the basis of the domestic courts’ wish to attain these four aims. The proper role played by the domestic courts, the study argues, is one in which they are willing to give a lead to Strasbourg as well as to be led, in both, to use the wording of the Preamble of the ECHR, ‘the maintenance’ and in the ‘further realisation’ of the Convention rights.
24
Malloy, Tove. "The 'politics of accommodation' in the Council of Europe after 1989 : national minorities and democratization." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369369.
Full text
25
Antoniazzi, Chiara Tea. "Promoting the Execution of Judgments of the European Court of Human Rights: The (Potential) Role of National Human Rights Institutions." Doctoral thesis, Università degli studi di Trento, 2019. https://hdl.handle.net/11572/368747.
Full textAbstract:
The acknowledgment that the European Court of Human Rights (ECtHR) and the Committee of Ministers are flooded with repetitive cases has brought increasing attention to the issue of full and timely execution of the Court’s judgments. Efforts have been made to render the system of supervision of the execution more transparent, independent, and participatory. The involvement of actors other than the intergovernmental Committee of Ministers appears particularly significant. This dissertation focuses on specific entities that, while somewhat neglected in the literature, would seem to be ideally situated to promote the execution of ECtHR judgments – i.e., National Human Rights Institutions (NHRIs), which are commonly portrayed as “bridges†between the State and civil society, and between the national and international levels.
The dissertation provides a comprehensive examination of the current level of engagement by NHRIs with the Committee of Ministers for furthering the execution of ECtHR judgments. Participating NHRIs have generally provided detailed information on the state of legislation, administrative practice, and case-law in their respective countries, and they have proposed measures to prevent future human rights violations. Nonetheless, the findings show that a relatively low number of NHRIs have submitted communications to the Committee of Ministers to date and that the impact of these communications on the actions undertaken by States and the decisions adopted by the Committee of Ministers is often difficult to assess. The activities carried out by NHRIs at the domestic level to encourage the execution of ECtHR judgments are also systematically identified with a view to illustrating the multifarious ways in which NHRIs can contribute to the execution process.
On the basis of these findings, the dissertation highlights and accounts for the unfulfilled potential of NHRIs in promoting the execution of ECtHR judgments; it further puts forward proposals to strengthen the involvement of NHRIs in the process.
26
Antoniazzi, Chiara Tea. "Promoting the Execution of Judgments of the European Court of Human Rights: The (Potential) Role of National Human Rights Institutions." Doctoral thesis, University of Trento, 2019. http://eprints-phd.biblio.unitn.it/3718/1/Antoniazzi_dissertation_def.pdf.
Full textAbstract:
The acknowledgment that the European Court of Human Rights (ECtHR) and the Committee of Ministers are flooded with repetitive cases has brought increasing attention to the issue of full and timely execution of the Court’s judgments. Efforts have been made to render the system of supervision of the execution more transparent, independent, and participatory. The involvement of actors other than the intergovernmental Committee of Ministers appears particularly significant. This dissertation focuses on specific entities that, while somewhat neglected in the literature, would seem to be ideally situated to promote the execution of ECtHR judgments – i.e., National Human Rights Institutions (NHRIs), which are commonly portrayed as “bridges” between the State and civil society, and between the national and international levels.
The dissertation provides a comprehensive examination of the current level of engagement by NHRIs with the Committee of Ministers for furthering the execution of ECtHR judgments. Participating NHRIs have generally provided detailed information on the state of legislation, administrative practice, and case-law in their respective countries, and they have proposed measures to prevent future human rights violations. Nonetheless, the findings show that a relatively low number of NHRIs have submitted communications to the Committee of Ministers to date and that the impact of these communications on the actions undertaken by States and the decisions adopted by the Committee of Ministers is often difficult to assess. The activities carried out by NHRIs at the domestic level to encourage the execution of ECtHR judgments are also systematically identified with a view to illustrating the multifarious ways in which NHRIs can contribute to the execution process.
On the basis of these findings, the dissertation highlights and accounts for the unfulfilled potential of NHRIs in promoting the execution of ECtHR judgments; it further puts forward proposals to strengthen the involvement of NHRIs in the process.
27
Ogbuitepu, Flora O. "Seeking an effective national supervisory intitution on the implementation of childrens rights in Africa." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/16769.
Full textAbstract:
It can be argued that the definition of a child as a human being below the age of 18 years is a
western construct due to the fact that in Africa the duration of childhood is much shorter than
that of the West. Thus, in some African societies childhood ends at the age of 14 or 16
depending on the cultural implications in that society. It must be pointed out here that there
is no universal definition of childhood due to the fact that the definition of a child is culture
specific. Having laid down the differences in the definition of childhood between Africa and
the West, it is necessary to discuss the concept of children’s rights.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Angelo Mutusse of the Centre of Human Rights, Faculty of Law, Eduardo Mondlane University, Maputo, Mozambique. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
28
Hudson, Michael. "The rights of indigenous populations in national and international law : a Canadian perspective." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63181.
Full text
29
Johansson, Josefin. "Holding States Responsible for National Corporates’ Extraterritorial Human Rights Violations: Possibility or Absurdity?" Thesis, Uppsala universitet, Teologiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384811.
Full textAbstract:
Almost four decades have passed since the European Court of Human Rights introduced the concept of positive obligations. Positive obligations mean that the member states must take affirmative action in order to secure the rights and freedoms provided for by the European Convention on Human Rights. Since then, the scope of positive obligations has extended tremendously, and today all substantive rights generally contain positive obligations. The reason behind the development is to maintain the full effectiveness of human rights enforcement within the European context, and it has been enabled, inter alia, through dynamic interpretation and because the European Convention on Human Rights is considered a living instrument. The fact that European companies operating transnationally, i.e. in a non-European context, sometimes through its commercial activities violates human rights has given rise to discussion in legal doctrine on whether the scope of positive obligations should be further extended so that the member states to the European Convention on Human Rights will incur state responsibility for national corporates’ extraterritorial human rights violations. Thus, the purpose of the thesis is to examine whether the European Court of Human Rights can and should proceed with such expansion. An expansion creates methodological and technical problems as it challenges the traditional notion of jurisdiction, however, it is not impossible. Whatever the European Court of Human Rights will decide to do, the thesis will provide arguments both for why home state responsibility for national corporates’ extraterritorial activities that violates human rights can and should be imposed, as well for why it is beyond its (the European Court of Human Rights) competence.
30
Chabane, Polo Evodia. "Enforcement powers of national human rights institutions : a case study of Ghana, South Africa and Uganda." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5295.
Full textAbstract:
The purpose of this study is to analyse the effectiveness of the Uganda Human Rights Commission UHRC), which possesses judicial powers vis-à-vis the Commission on Human Rights and Administrative Justice of Ghana (CHRAJ) and the South African Human Rights Commission (SAHRC) which do not
possess such powers. The difference notwithstanding, all the three have been rated as the best national
institutions in Africa. Due to time and space constraints, one will focus specifically with the mandates of
the three commissions and in particular, on the different or distinct mandates assigned to them, namely,
that of CHRAJ to deal with corruption, that of SAHRC to deal with economic, cultural and social rights
and UHRC of dealing with torture matters and generally of constituting a tribunal. This study was motivated by the fact that Lesotho will be setting up a national institution in 2008 and one would like to
draw lessons from these institutions and pick up elements that could best suit Lesotho.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 Prof Kofi Quashigah of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
31
Juhasz-Nagy, Monika. "The Statue of Liberty is under attack derogation of human rights in the age of terrorism /." Thesis, Available online, Georgia Institute of Technology, 2004:, 2004. http://etd.gatech.edu/theses/available/etd-06072004-131218/unrestricted/juhasz%5Fnagy%5Fmonika%5F200405%5Fms.pdf.
Full text
32
Klosinski, Vance J. "Population and resource control measures a conceptual framework for understanding and implementation." Thesis, Monterey, California : Naval Postgraduate School, 2009. http://edocs.nps.edu/npspubs/scholarly/theses/2009/Dec/09Dec%5FKlosinski.pdf.
Full textAbstract:
Thesis (M.S. in Defense Analysis)--Naval Postgraduate School, December 2009.Thesis Advisor(s): Simmons, Anna. Second Reader: Lee, Doowan. "December 2009." Description based on title screen as viewed on January 27, 2010. Author(s) subject terms: Population and resource control measures, Population control, Counterinsurgency, COIN, Populationcentric COIN, Social control, Social movement theory. Includes bibliographical references (p. 51-53). Also available in print.
33
Kim, Sangmin. "The implications of the People's Liberation Army's modernization for the Republic of Korea's security policy." Thesis, Monterey, California : Naval Postgraduate School, 2009. http://edocs.nps.edu/npspubs/scholarly/theses/2009/Dec/09Dec%5FKim%5FSangmin.pdf.
Full textAbstract:
Thesis (M.A. in Security Studies (Far East, Southeast Asia, the Pacific))--Naval Postgraduate School, December 2009.Thesis Advisor(s): Miller, Alice. Second Reader: Chakwin, Mark. "December 2009." Description based on title screen as viewed on January 28, 2010. Author(s) subject terms: PLA modernization, ROK-U.S. Relationship, ROK-China Relationship, Direct and Indirect Threat, Socotra Rock dispute, The Northeast Project, Taiwan issue, South China Sea dispute. Includes bibliographical references (p. 77-82). Also available in print.
34
Sandomir, David Christopher. "Preventing terrorism in the long term the disutility of racial profiling in preventing crime and the counterproductive nature of ethnic and religious profiling in counterterrorism policing." Thesis, Monterey, California : Naval Postgraduate School, 2009. http://edocs.nps.edu/npspubs/scholarly/theses/2009/Dec/09Dec%5FSandomir.pdf.
Full textAbstract:
Thesis (M. A. in Homeland Security and Defense)--Naval Postgraduate School, December 2009.Thesis Advisor(s): Dahl, Erik, J. ; Baylouny, Anne Marie. "December 2009." Description based on title screen as viewed on February 1, 2010. Author(s) subject terms: Racial profiling, ethnic profiling, religious profiling, Muslim identity, Islamic Terrorism, Criminal Intelligence, information sharing, Intelligence Led Policing, counterterrorism. Includes bibliographical references (p. 111-120). Also available in print.
35
Wölte, Sonja. "International - national - lokal : FrauenMenschenrechte und Frauenbewegung in Kenia /." Königstein/Taunus : Helmer, 2008. http://deposit.d-nb.de/cgi-bin/dokserv?id=3045851&prov=M&dok_var=1&dok_ext=htm.
Full text
36
Anderson, Stephanie Blair. "The stories nations tell : historical consciousness and the construction of national identity at the Canadian Museum for Human Rights." Thesis, University of British Columbia, 2017. http://hdl.handle.net/2429/60939.
Full textAbstract:
As Canada prepares for its 150th birthday, within the context of its colonial legacy, silenced histories, and multiple, shifting identities in the present, Canadian sites of pedagogy are confronting questions around whose national narratives they are communicating. Within this milieu, Canada recently (2014) inaugurated its sixth national museum, the Canadian Museum for Human Rights (CMHR), in Winnipeg, Manitoba.
Using a theoretical frame that applied approaches within critical museology and historical consciousness, this investigation interrogated the CMHR as a site of pedagogy that could be read for its representational and spatial meanings, and as a site of historical consciousness that communicates a past, present, and future vision of Canada.
This research also introduced and utilized a Framework of Canadian National Narratives capturing current constructions of Canadian national identity. This framework identified two master national narrative templates—Master National Narrative Template 1.0 (the progressive, unified, Euro-Western colony-to-nation narrative of Canada), Master National Narrative Template 2.0 (Canada as a progress-oriented, generous, tolerant, multicultural mosaic)—and a third dimension titled Counter National Narratives 3.0, that is not a narrative template. Rather, NN 3.0 captures competing, or silenced aspects of Canadian history through national narratives that contest, rebuke or, intervene in the storylines of Master National Narrative Templates 1.0 and 2.0, thereby providing a more nuanced account and multiple perspectives on Canadian identity. In other instances, NN 3.0 throws into question taken-for-granted notions around the concepts of nationhood and national identity, through narratives grounded in land, place, or global forces.
This study offers a new research approach for the identification, and analysis of national narratives in sites of pedagogy—classrooms, textbooks, monuments, national historic sites, museums, news media, architectural spaces, arbitrated cityscapes, Indigenous landscape features, and public performances. It suggests a new curricular imperative coined The Narrative Dimension for history education that might also be used in museology and public history. Part of The Narrative Dimension includes critical engagement with a country’s master national narrative templates and those that problematize them. This investigation further concludes that museum attempts to use this aspect of The Narrative Dimension offer an innovative way to curate difficult knowledge.Education, Faculty of
Curriculum and Pedagogy (EDCP), Department of
Graduate
37
Hejazi, Omid. "Evaluating nationalism in the Liberal framework." Thesis, Kingston, Ont. : [s.n.], 2007. http://hdl.handle.net/1974/861.
Full text
38
John-Langba, Vivian Nasaka. "The role of national human rights institutions in promoting and protecting the rights of refugees: the case of South Africa and Kenya." Doctoral thesis, University of Cape Town, 2020. http://hdl.handle.net/11427/32499.
Full textAbstract:
The apparent normative and implementation gaps within the international refugee protection regime suggest the need to reform its implementation and accountability processes. Increasingly, the focus is being shifted to local or domestic actors to attempt to address the challenges faced in realising refugee rights effectively. Among the key domestic accountability actors for the realisation of rights, are national human rights institutions (NHRIs). NHRIs are considered a bridge between the international and domestic human rights systems. NHRIs act as entities that facilitate the diffusion of international human rights norms and standards, including those with respect to refugee rights, into the national spheres. Notwithstanding this, there is paucity in empirical evidence within the refugee rights discourse on the role that NHRIs can play to promote the effective realisation of refugee rights. This study explores the role that NHRIs in South Africa and Kenya play in promoting and protecting refugee rights. It utilises a non-doctrinal and qualitative research approach, to examine the extent to which the NHRIs engage with refugee rights and to explore their capacity to do so effectively. It situates NHRIs within the nexus between international human rights law and international refugee law to frame the understanding for their role within the refugee protection regime. The findings indicate that the NHRIs in South Africa and Kenya that are compliant with the Paris Principles display significant engagement with refugee rights promotion and protection. As accountability mechanisms, they have contributed to the development and implementation of domestic refugee law and policy in accordance with international norms and standards. This has occurred despite the lack of an explicit refugee rights' promotion and protection mandate, but they face barriers and challenges. Various underlying factors that impede their effectiveness to address refugee rights were identified. These included the sociopolitical contexts within which they operate, capacity constraints and invisibility within the refugee protection regime. The socio-political challenges included xenophobia and the securitisation of the asylum space. These compounded organisational and operational weaknesses such as scarce specialist skills in refugee law, limited financial resources, and the absence of strategic and sustained partnerships for refugee rights protection. The overall absence of norms for NHRI engagement with refugee rights was identified as a contributory factor for the lack of a coherent approach for promoting and protecting these rights. Possible avenues to enhance NHRI engagement with refugee rights were identified. For instance, NHRIs building partnerships for refugee rights promotion and protection with CSOs, the UNHCR and regional institutions based on a clear understanding of an NHRI's role as accountability mechanisms. For NHRIs, the imperative lies in building their capacity to address refugee rights to ensure a clear understanding of what the promotion and protection of these rights entails.
39
Popovski, Vesna. "National minorities and citizenship rights : a case study of Lithuania from 1988 to 1993." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313928.
Full text
40
Mitsolidou, Angeliki. "The protection of Community rights before national courts a critique of the case law." Thesis, University of Southampton, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.402063.
Full text
41
Azerad, Jessica. "Negotiating Intersectionality: Women in the Civil Rights Movement and the Zapatista National Liberation Front." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1640.
Full textAbstract:
This thesis set out to determine the interaction between gender and social movement participation. In other words, it is answering the questions: how are women able to interact social movements and how do social movements enable women to be full participants in their struggle? It uses an intersectional framework to examine two social movements: the Black Civil Rights Movements that took place in the U.S. in the 1950s and 1960s, and the Zapatista National Liberation Front (EZLN) that began in Chiapas, Mexico in the 1980s and works to this day.
For the Civil Rights Movement, it finds that the major organizations did not enact any policies or make any structural changes to incorporate women more fully into the Movement. Furthermore, women that wanted leadership roles in the Movement often had to forge their own by means of grassroots organizing and local women-led political action groups.
For the EZLN, it finds that the organization gave women both leadership positions and military titles, passed the Women's Revolutionary Law that codified women's rights within the organization and the community, and lastly created autonomous municipal governance structures to enforce women's rights.
42
Otterstad, Arnstein Hoem. "National and human rights : alleviating the tension between nationalism and liberal democracy in China /." Oslo : Department of Political Science, Universitetet i Oslo, 2007. http://www.duo.uio.no/publ/statsvitenskap/2007/67455/Nationalxandxhumanxrights.pdf.
Full text
43
Osogo, Ambani John. "Oval slides in triangular spaces? Anchoring national human rights institutions in 'tripartite' Commonwealth Africa." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1200.
Full textAbstract:
"Montesquieu, in L'Esprit des Lois, 1748, divided the functions of state into: the legislative power, the executive power, and the power of judging. Indeed, three constitutional organs have invariably dominated state power. These are: the executive, the leigslative and the judiciary. According to Montesquieu, the state is said to be at 'equilibrium' when the three organs are independent of each other, with each carrying out its functions without interference. Ideally, the legislative organ ought to make laws, the executive to implement them, and the judiciary to adjudicate over disputes arising out of the day-to-day operations of the state. This attempt at dispersing state power is not arbitrary. It has got ends. One cardinal end in this regrad is the protection of fundamental human rights. It has been argued that where the three organs of state are allowed operatational autonomy, individuals stand to enjoy relatively profound liberty. Where state functions are entrusted with one person or organ, the tyranny of that person or organ is certain to overwhelm the realisation of fundamental freedoms and liberties. ... Both Montesquieu and Lock had tremendous faith in the tripartite government structure in so far as the protection of liberties was concerned. Informed by this philosophy, most democratic constitutions have weaved state power in almost similar terms envisioned by Montesquieu. Thus far, the 1787 Constitution of the United States of America (USA) could be ranked as one with the clearest distinction of state functions. Contemporary practice, however, appears to be in favour of complementing these traditional state organs, a sign, perhaps, that the conventional three organs of state per se have increasingly proved inadequate; at least in the sphere of human rights protection. There is a move, or rather, wave towards the establishment of independent national human rights institutions (NHRIs) to reinforce the bulwark of human rights protection mechanisms at state level, and the wave, arguably, is most pronounced in Africa. ... The current investigation will be completed in four distinct chapters. The current chapter serves well to introduce the study. The second chapter constitutes a comprehensive study of the conceptual foundations of national human rights institutions (NHRIs). The essence, structure and nature of NHRIs is also explored. The third chapter proposes to analyse the doctrine of separation of powers from a philosophical and later, from a practical point of view as it manifests itself in the Commonwealth tradition. The tripartite government configuration is discussed with the ramification of NHRIs in mind. It is instructive that without assessing the parent concept (the rule of law) a discussion on separation of powers remains orphaned. The fourth chapter shall first allude to the new challenges to human rights enforcement. It shall then discuss how these challenges and the development of NHRIs cry for a new thinking on the original tripartite system. The final section is an attempt at supplying a panacea to the challenges accentuated by the preceding part." -- Introduction.Prepared under the supervision of Prof. Nii Ashie Kotey at the Faculty of Law, University of Ghana, Legon
LLM (Human Rights and Democratisation in Africa) -- University of Pretoria, 2006.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
44
Lacatus, Corina. "The design of national human rights institutions : global patterns of institutional diffusion and strength." Thesis, London School of Economics and Political Science (University of London), 2016. http://etheses.lse.ac.uk/3534/.
Full textAbstract:
“The Design of National Human Rights Institutions: Global Patterns of Diffusion and Strength” explores patterns of institutional design in the case of national human rights institutions (i.e. ombudsman, national human rights commission), seeking to understand why countries establish these bodies and give them certain mandated powers as reflected in their institutional design. The project answers two main questions about the global variation of institutional strength as a function of the design of these institutions: (1) What are the main global patterns of the institutional design of national human rights institutions? and (2) What explains variation in the institutional strength of national human rights institutions across borders? The project makes two main contributions to the scholarship on international organisation and cross-border diffusion: the dataset of institutional design features, which operationalizes and measures six different dimensions of an institutional design index on the basis of report-based and survey data, is the first global dataset of its kind. Institutional strength is the original dependent variable that represents an index of six design features, as a synthesis of main mandated functions: 1) de jure legal independence; 2) nature of the mandate; 3) autonomy from government control; 4) predominant de facto duties; 5) pluralism of representation; and 6) staff and financial resources. Institutional strength is a ranked categorical variable with three values (weak, medium, strong). An additional contribution is the explanatory framework, which derives a number of hypotheses about global and regional determinants of institutional design from four main mechanisms that draw respectively on domestic and international, as well as material and social, factors (socialisation, incentive-setting, cost & benefit calculations and domestic identity). The global analysis has found statistically significant evidence that participation in the United Nations-led peer-review process for national human rights institutions accreditation makes countries more likely to have stronger institutions. This is in line with recent work about the role of UN-led peer review processes and provides support for socialisation and acculturation explanations that are facilitated by a global network. At the regional level, social learning and acculturation across borders takes place in regions with high density of strong such human rights institutions (i.e. Europe and the Americas) and where more ‘early adopting’ countries are located. Countries with strong democratic identities, which established their human rights institutions prior to 1990, are both more likely to have strong institutions themselves and to motivate other governments to follow their lead. The analysis of global trends finds also that incentivesetting plays a role both at the global and the regional levels, as countries that receive higher amounts of Overseas Development Assistance from the United States or states that are subjected to EU membership conditionality are more likely to have stronger human rights institutions. The project follows a nested multi-method research design, which begins with a quantitative analysis of global trends as a backdrop for a qualitative comparative analysis (QCA) focused on Europe, complemented by illustrative country institutional case studies. QCA finds two paths that are sufficient for European countries to establish strong institutions. Thirteen case studies present illustrative evidence of the QCA findings at the country/institution level.
45
Chilemba, Enoch MacDonnell. "The national implementation of international human rights law pertaining to children with disabilities in selected jurisdictions in Africa." Thesis, University of Western Cape, 2014. http://hdl.handle.net/11394/3775.
Full textAbstract:
Doctor Legum - LLDThis thesis considers two jurisdictions, namely Malawi and South Africa, and attributes the problem to the lack of appropriate national implementation of the applicable human rights law by these states. Consequently, the study is based on the underlying assumption that one of the main ways of addressing this problem is for African states to undertake measures that comply with international standards for ensuring the appropriate national implementation of the applicable international human rights law.
46
Gondwe, Mtendere. "International principles and methods employed by National Human Rights Institutions (NHRIs) as a means of promoting and protecting human rights, a case study of the Malawi Human Rights Commission (MHRC)." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20806.
Full textAbstract:
This study generally focuses on the important role that National Human Rights Institutions (NHRIs) play in promoting and protecting human rights at the domestic level, hence the need for NHRIs to be effective and efficient in the discharge of their mandate. One way of improving the effectiveness and efficiency of a NHRIs is by ensuring that it adheres to international principles and methods of promoting and protecting human rights as well as by adopting best practices from other NHRIs. The study therefore traces the evolution of NHRIs and their recognition at the international level. It also analyses the different forms in which NHRIs exist and discusses the recommended international principles and standards that act as core minimum in terms of a NHRI's mandate, methods of operation, composition and other guarantees of independence. Due to the fact that states have a wide discretion to devise appropriate means of applying the core minimum principles, this study also presents several best practices from different NHRIs in their implementation of the international principles and standards. Particular attention has been directed at the Malawi Human Rights Commission (MHRC) by assessing whether the MHRC adheres to the international principles and standards in its operations, and to consider whether it could advance human rights better by improving its working methods.
47
Dinokopila, Bonolo Ramadi. "Beyond affiliate status : extrapolating the participation of National Human Rights Institutions in the workings of the African Commission on Human and Peoples' Rights." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8006.
Full textAbstract:
This study investigates the following questions: (1) What is the rationale behind the participation of National Human Rights Institutions (NHRIs) in regional and international human rights mechanisms? (2) What is the role of NHRIs in relation to regional and international human rights mechanisms? (3) What is the role and what could be the role of NHRIs in the work of the African Commission? (4) What are the areas that the NHRIs can work with the African Commission to strengthen the
protection of human rights within their jurisdictions and in Africa? (5) What rules should govern the relationship between the African Commission and NHRIs? The study will further contribute to the broader
understanding of the role of NHRIs at the regional level, with particular reference to Africa, and how that can benefit the African Commission and Africa in generalThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof J. Oloka-Onyango from the Human Rights and Peace Centre (HURIPEC), Faculty of Law, Makerere University, Uganda
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
48
Mtshali, Linda A. "Protection of women's rights in Africa through national human rights institutions (NHRIs) : a case study of Ghana and the Republic of South Africa." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/16746.
Full textAbstract:
Marginalized and vulnerable groups have always existed in societies. Such groups have always
needed protectors of their rights. In democratic countries institutions have had to be established
to ensure that the rights of these groups are protected. National Human Rights Institutions
(NHRIs) are part of these institutions. NHRIs are important and vital as they 'serve as
independent bodies for the protection and promotion of human rights‘.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Kwadwo Appiagyei-Atua, Faculty of Law, University of Ghana, Ghana. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
49
Siko, Isaac Mohlolo. "A critical review of South Africa's approach to the concept of national security since 1994." Diss., Pretoria : [s. n.], 2007. http://upetd.up.ac.za/thesis/available/etd-01242008-121403/.
Full text
50
Comiskey, John Grattan. "Effective state, local, and tribal police intelligence the New York City Police Department's intelligence enterprise - a smart practice." Thesis, Monterey, California : Naval Postgraduate School, 2010. http://edocs.nps.edu/npspubs/scholarly/theses/2010/Mar/10Mar%5FComiskey.pdf.
Full textAbstract:
Thesis (M.A. in Security Studies (Homeland Security and Defense))--Naval Postgraduate School, March 2010.Thesis Advisor(s): Bellavita, Christopher ; Simeral, Robert. "March 2010." Description based on title screen as viewed on April 26, 2010. Author(s) subject terms: CompStat, State and Major Cities Fusion Centers, Nation Intelligence, Criminal Intelligence, Intelligence Led Policing, Policing, Diffusion of Police Practices. Includes bibliographical references (p. 145-161). Also available in print.