Dissertations / Theses on the topic 'Reproductive rights – law and legislation'
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Yelverton, Brittany. "The representation of women's reproductive rights in the American feminist blogosphere: an analysis of the debate around women's reproductive rights and abortion legislation in response to the reformation of the United States health care system in 2009/10." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1002949.
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This study investigates the representation of women's reproductive rights in the feminist blogopshere during 2009/10 United States health care reform. Focusing on two purposively selected feminist blogsites - Feministing and Jezebel- it critically examines the discursive and rhetorical strategies employed by feminist bloggers to contest the erosion of women's reproductive rights as proposed in health care reform legislation. While the reformation of the U.S. health care system was a lengthy process, my analysis is confined to feminist blog posts published in November 2009, December 2009 and March 2010. These three months have been designated as they are roughly representative of three pivotal stages in health care reform: the drafting of the House of Representatives health care reform bill and Stupak Amendment in November 2009, the creation of the Senate health care bill inclusive of the Nelson compromise in December 2009, and the passage of the finalised health care reform bill, the Patient Protection and Affordable Care Act and supplementary executive order, in March 2010. This study is informed by feminist poststructuralist theory and Foucault's conceptions of discourse and power - an appropriate framework for identifying and analysing the unequal power relations that exist between men and women in patriarchal societies. Foucault conceives of discourse as both socially constituted and constitutive and contends that through the constitution of knowledge, discourses designate acceptable ways of talking, writing, and behaving, while simultaneously restricting and prohibiting alternatives, thereby granting power and authority to specific discourses. However, Foucault also stresses the multi-directionality of power and asserts that though hegemonic discourses are privileged over others, power lays in discursive practice at all social sites; hence the socially and politically transformative power of contesting discourses. Critical discourse analysis is informed by this critical theory of language and regards the use of language as a form of social practice located within its specific historical context. Therefore, it is through engaging in the struggle over meaning and producing different 'truths' through the reappropriation of language that the possibility of social change exists. Employing narrative, linguistic and rhetorical analysis, this study identifies the discursive strategies and tactics utilised by feminist bloggers to combat and contest anti-choice health care legislation. The study further seeks to determine how arguments supportive of women's reproductive rights are framed and how feminist discourses are privileged while patriarchal discourse is contested. Drawing on public sphere theory, I argue that the feminist blogosphere constitutes a counter-public which facili tates the articulation and circulation of marginalised and counter-discourses. I conclude this study by examining the feminist blogopshere's role in promoting political change and transformation through alternative representations of women and their reproductive rights.
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Sullivan, Camille. "Two's legal but three's a crowd : law, morality and three-parent embryos: regulation of mitochondrial replacement therapy." Thesis, Canberra, ACT : The Australian National University, 2013. http://hdl.handle.net/1885/109247.
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Kam, Ka Man. "Reproduction rights in digital environment and copyrights protection : legal issues and challenges." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2580191.
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Matsheta, R. M. "Prospects of limiting the right to reproductive health in South Africa : a human wellbeing and socio-economic view." Thesis, University of Limpopo, 2019. http://hdl.handle.net/10386/2915.
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Thesis (M. Law. (Development and Management)) --University of Limpopo, 2019Like many other countries, South Africa has its own socio-economic challenges. For the past two decades, the country has been experiencing rapid population growth, yet in the same period, there has been a pervasive decline in social and economic stability, and in the end, stagnant human wellbeing. This has been as a result of diminishing access to basic services such as health care, quality housing, quality education and safe clean drinking water. Among other factors, unregulated and rapid population growth contribute to these socio-economic challenges. This study seeks to illustrate that overpopulation undermines and threatens social development, societal stability and survival of humanity. Therefore, the examines the possibility of enacting a legislation or policy that will regulate or limit procreation or the right to give birth. It also reflects on the Chinese experience to obtain some lessons from China’s One-Child Policy. It is submitted that South Africa must draft its own policy or legislation that will regulate population growth with the primary objective of aligning population with available state resources. Keywords: overpopulation, right to reproductive health, socio-economic rights, human wellbeing, social transformation.
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Swanepoel, Magdaleen. "Embryonic stem cell research and cloning a proposed legislative framework in context of legal status and personhood /." Diss., Pretoria : [s.n.], 2006. http://upetd.up.ac.za/thesis/available/etd-07312007-150150/.
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Clayton, Thompson J. "Law, rights and reproduction : reproductive autonomy in ethical rationalism." Thesis, University of Westminster, 2016. https://westminsterresearch.westminster.ac.uk/item/9y598/law-rights-and-reproduction-reproductive-autonomy-in-ethical-rationalism.
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As medical technology has advanced, so too have our attitudes towards the level of control we can expect to hold over our procreative capacities. This creates a multi-dimensional problem for the law in terms of access to services which prevent conception, access to services which terminate a pregnancy and recompensing those whose choices to avoid procreating are frustrated. These developments go to the heart of our perception of autonomy. In order to evaluate these three issues in relation to reproductive autonomy, I set out to investigate how the Gewirthian theory of ethical rationalism can be used to understanding the intersection between law, rights, and autonomy. As such, I assert that it is because of agents’ ability to engage in practical reason that the concept of legal enterprise should be grounded in rationality. Therefore, any attempt to understand notions of autonomy must be based on the categorical imperative derived from the Principle of Generic Consistency (PGC). As a result, I claim that (a) a theory of legal rights must be framed around the indirect application of the PGC and (b) a model of autonomy must account for the limitations drawn by the rational exercise of reason. This requires support for institutional policies which genuinely uphold the rights of agents. In so doing, a greater level of respect for and protection of reproductive autonomy is possible. This exhibits the full conceptual metamorphosis of the PGC from a rational moral principle, through an ethical collective principle, a constitutional principle of legal reason, a basis for rights discourse, and to a model of autonomy. Consequently, the law must be reformed to reflect the rights of agents in these situations and develop an approach which demonstrates a meaningful respect of autonomy. I suggest that this requires rights of access to services, rights to reparation and duties on the State to empower productive agency.
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Coxon, Benedict Francis. "Interpretive provisions in human rights legislation : a comparative analysis." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:d0a5ddca-9293-4204-b22b-417cdf829464.
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This thesis considers interpretive provisions in human rights legislation in the United Kingdom (UK), New Zealand and two Australian jurisdictions: the Australian Capital Territory and the State of Victoria. It deals with the relationship between certain common law interpretive principles which protect human rights and the rules under the interpretive provisions. It also considers what effect the interpretive provisions have on the overall approach to statutory interpretation, particularly in terms of their impact on the roles of intention and purpose. One of the themes of the thesis is that it is possible to identify a common methodology for the application of the various interpretive provisions. This is facilitated by an emphasis on the concept of purpose, which is flexible and capable of being identified and applied at higher levels of abstraction than the concept of intention as commonly applied by the courts. Despite this common methodology, the results of attempts at legislative rights-consistent interpretation in the relevant jurisdictions differ. We shall see that the UK courts have taken a broader interpretive approach than have their New Zealand and Australian counterparts. This will be explained by reference to the respective contexts of the human rights legislation in each jurisdiction, particularly in terms of legislative history. It will be argued that the purpose of the UK legislation to provide remedies in domestic courts for breaches of the European Convention on Human Rights provides the basis for the UK courts’ approach. The absence of this factor is the primary point of distinction between the UK on the one hand, and New Zealand and Australia on the other, though other issues will be explored. Finally, while as a matter of the interpretation of the UK legislation, and especially of the relevant interpretive provision, the approach of the UK courts is defensible, the significant risk to the principle of legal certainty which it poses will be highlighted.
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Bartlik, Martin. "The distribution of air traffic rights /." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82653.
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The following thesis deals with the distribution of air traffic rights. Particular reference is made to the situation in the European Union and the changes that might occur in the aftermath of the "open-skies" decision of the European Court of Justice in November 2002.One major part of the thesis generally analyses different means of distributing limited public right, in order to determine an appropriate method for the allocation of air traffic rights. After a comparison with the telecommunication sector, it is concluded that the most appropriate approach is to conduct a Beauty Contest in the form of a Documentary Hearing. It is suggested that airlines submit their proposals and the regulatory agencies make their choice based on certain criteria.
Subsequently, a glance is taken at the methods for allocating air traffic rights that are currently applied in several countries. It can be seen that all these countries have chosen the same approach, a Beauty Contest, and that they all are facing the same difficulties, which are inconsistency and ambiguity of the distribution procedure.
Furthermore, a short evaluation, whether the General Agreement on Trade in Services has an impact on the allocation of air traffic rights, is undertaken. However, this is denied.
Based on the previous results an own proposal is presented, how air traffic rights could be distributed in a Beauty Contest, while avoiding most of the difficulties encountered by other countries. This proposal concentrates on the situation in the European Union, but could be also applied in other countries.
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Peszle, 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.
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This study first provides general background on the public education system of Quebec, and the Canadian and Quebec legal systems. Legal background information includes: the classification of Canadian laws; the Common Law and Civil Law traditions of law, and the definitions of sources of law of each tradition; Quebec's bijurisdictional legal system; the court system of Quebec; Constitutional sources of law; and, the role of the Judiciary in Canadian education.This 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.
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Chandler, Meagan Genevieve Edwards. "Constructing Polish Exceptionalism: Gender and Reproductive Rights in Poland." The Ohio State University, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=osu1397655426.
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Varju, Márton. "On divergence in European human rights laws : the European Convention on Human Rights and European community law: a claim of non-divergence." Thesis, University of Hull, 2008. http://hydra.hull.ac.uk/resources/hull:993.
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The issue of divergence in human rights protection (adjudication) between the law of the European Convention on Human Rights (ECHR) and European Community/Union (EC/EU) law has been in the centre of academic attention for decades. The position that there are instances of divergence and there is a risk of divergence between the two legal orders has gained authority in academic discourse despite the fact that its premises were subject to challenges on numerous occasions. The claim that human rights protection in EC law is divergent from that under the ECHR appears to suffer from certain shortcomings. First, it is not clear how the divergence claim addresses the question of incommensurability that unavoidably emerges in a comparison of judgments originating from different jurisdictions. Second, the divergence claim has largely eluded to address the quality of flexibility possessed by ECHR and EC human rights law. Both legal orders operate mechanisms of flexibility that enable a treatment of differing human rights solutions other than rejection. In reaction to these problems the present thesis advances the arguments of flexibility and similarity. The flexibility argument holds that the issue of divergence is largely neutralised by the ability of ECHR law (and to a lesser extent of EC law) to react to the problem of divergence flexibly. This entails that the human rights solutions of Community courts could often be accommodated within the flexible framework of ECHR law. The similarity argument provides that the style of human rights protection in ECHR and EC law is similar. The comparison of styles is based on a general system of analysis that aims to avoid the problem of incommensurability. The two arguments are not independent - the success of each argument depends on the availability of the other. The limits of flexibility are found in the requirement of similarity and the impreciseness of the similarity argument is corrected by the potentials inherent in the flexibility argument. On this basis, the relationship between ECHR and EC law could be described as a flexible status of non-divergence.
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Vale, Silvie. "Queering Family and Reproductive Law: : Kinship, Gender and Sexuality in the Portuguese Legislation on Surrogacy." Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-177555.
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Wunderlin, Beverly J. "The Regulation of Medically Assisted Procreation in Europe and Related Nations and the Influence of National Identity, Social Cultural, and Demographic Differences." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3192/.
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This study details the Medically Assisted Procreation regulations in thirty-five nation-states, and explores the influence of national identity, social cultural and demographic differences on these regulations. Detailed data were gathered from ministries of health, offices of prime ministers, embassy staff, and others on regulations for each nation. These data were used to categorize the nations in regard to MAP legislation status and regulatory policy regarding marital or age restrictions; posthumous conception; sperm, ovum, or embryo donation, surrogacy; and policy on handling donors. Possible associations between national identity, social cultural, and demographic data for each nation and their regulations were explained. The thirty-five nations were treated as a population with common geographical and political ties. PRE methods, and eta coefficients were used to assess the associations. Sixteen nations have adopted MAP legislation, eight nations have either alternative regulatory guidelines or partial structures, four nations have legislation pending and possibly some laws, and seven nations are unregulated. Based upon statistical analysis, language group emerges as an important indicator for differences in MAP regulations. For example knowing a nation's language group enabled percent improved prediction of that nation's regulatory handling of embryo donation. The percent GDP spent on health care was found to have a substantial or moderate association with most regulations. The findings of this study indicate that the cultural roots associated with national identity as well as economic circumstances such as health care budgets impact the policy making process responsible for the regulation of MAP in Europe. Among other mediating circumstances, MAP related family law cases brought to the European Court of Human Rights create an accumulation of judge-made law, which help create a common European standard. This study of the European region provides a baseline for further research and a reference for cross cultural comparisons.
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Chan, Kwong-chi Stanley, and 陳廣池. "The Hong Kong bill of rights: its legal and administration impact." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1993. http://hub.hku.hk/bib/B31964229.
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O'Connor, Pamela Anne. "Security of property rights and land title registration systems." Monash University, Faculty of Law, 2003. http://arrow.monash.edu.au/hdl/1959.1/7726.
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Ip, Chun-kit, and 葉俊傑. "Baggage claims under common law and international conventions: analysis of passengers' rights andcarriers? liabilities." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B46541354.
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Sohena, Siphiwo Clifford. "The development of organisational rights in South Africa." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/841.
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Under the previous Labour Relations Act of 1956, (herein after refered as old LRA) organisational rights in South Africa were conspicuous by their absence. In addition, theright to access was restricted by the Trespass Act No. 6 of 1959, which made it a criminal offence to enter land without thepermission of the owner or lawful occupier, except for a lawful reason. During the 1980’s and the first half of the 1990’s several trade union rights, including the right to engage in collective bargaining were established by the Industrial Court under its unfair labour practice jurisdiction. After 1994, South African courts were bound to uphold the basic rights entrenched in the Constitution, Act No. 108 of 1996, and the new Labour Relations Act, 66 of 1995, (herein after refered as new LRA) was promulgated. A new system of collective bargaining which is voluntary in nature was established in order to level the playing fields between employees and trade unions. The new LRA grants organisational rights to registered trade unions. The aim of this treatise is to consider and evaluate these rights. The main source of organisational rights in international public law is to be found in the International Labour Organisation’s Convention on Freedom of Association. Decisions of the International Labour Organisation’s bodies of supervision and interpretation have upheld the protection of various organisational rights, such as trade union access to the employer’s premises,representation of employees by the officials of their trade union, and the right of union officials to collect union dues. These rights have now been incorporated into our labour law system. In this treatise, the pre-1994 situation and the scenario after the 1994 democratic elections is analysed. The contents of these rights are considered as well as enforcement there-of.
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September, Jerome. "Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9175.
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Includes bibliographical references.This dissertation will, through the analysis of various pieces of legislation and taking account of the daily realities of children in South Africa, Brazil and India (IBSA), outline the progress made to reduce and eradicate the exploitation of children, through the elimination of child labour. These three countries are chosen because of the particular challenges they face, but also because as part of the IBSA group, they have committed themselves to working together in the advancement of key international matters, including issues of human rights and social justice. The India, Brazil and South Africa (IBSA) group has further recently been held up as a global example for the efforts made by nations in the elimination of the worst forms child labour. The ultimate goal is the total elimination of child labour. This dissertation will draw attention to the complexities and contradictions in policy and practice, with particular reference to concepts such as ‘Child Labour’ and the ‘Worst Forms of Child Labour’. This dissertation will compare [the experience of] childhood in these countries, and explore the risk factors that place particular children, and families, at risk of utilising child labour as a source of income.
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LINGENFELTER, Kerttuli Kareniina. "When is human trafficking slavery or enslavement? : human trafficking at the intersection of human rights law and criminal law." Doctoral thesis, European University Institute, 2018. http://hdl.handle.net/1814/64684.
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Award date: 22 October 2018Supervisor: Professor Martin Scheinin
This thesis explores the international definitions of slavery, enslavement and human trafficking to determine if and when human trafficking is slavery. Using predominantly the legal method, the thesis argues that there is an overlap between the definitions, yet they are not synonymous. Furthermore, the principles of human rights law and criminal law are compared in the context of slavery and human trafficking. Although the systems can and do engage with each other, it is posited that in a criminal setting courts should be wary of relying on human rights jurisprudence to determine the substance of the criminal definition. This is because human rights are interpreted in an evolutive, teleological way, whereas criminal courts should be bound by the principle of legality. Human rights courts, on the other hand, could and should engage more with the contours of the definitions of human trafficking and slavery – not to determine criminal liability, but instead to produce a deeper, more nuanced understanding of the structures that render persons vulnerable to exploitation. In this way, the thesis asserts, a human rights approach could move beyond the current model, which is excessively oriented toward criminal investigation and punishment. Due to current challenges posed by conflict and post-conflict situations, the thesis ends by reflecting on the potential of human trafficking being prosecuted by the International Criminal Court as a crime against humanity. Although the possibility has found some support within academia, this thesis proposes that if and when human trafficking does amount to slavery and meets the other elements of crimes against humanity, it has and can be prosecuted. Some forms of human trafficking, as of all other acts constituting crimes against humanity, will, however, fall outside the scope of international criminal law.
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Macleod, Catriona, Lebogang Seutlwadi, and Gary Steele. "Cracks in reproductive health rights: knowledge of abortion legislation stipulations amongst learners in Buffalo City, South Africa." Aosis Open Journals, 2014. http://hdl.handle.net/10962/d1014772.
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Background: The Choice on Termination of Pregnancy (CTOP) Act legalised abortion on request in South Africa until up to 12 weeks of gestation and thereafter under specified conditions. Within the context of liberal legislation, accurate information is a necessary (although not sufficient) requirement for women to exercise their reproductive rights. Objectives: This research investigated Grade 11 learners’ knowledge of the CTOP Act and its stipulations. Methods: Survey research was conducted with respondents drawn from a range of schools in Buffalo City, South Africa. Multi-stage sampling was used, namely stratified random sampling of schools and purposive sampling of grades used within schools. The data were collected by means of self-administered questionnaires in group situations. Results: Results indicate that knowledge of the legal status of abortion, as well as of the various stipulations of the law, was poor. Various misunderstandings were evident, including that spousal approval is required in order for married women to have an abortion. Significant differences between the knowledge of respondents at the various schools were found, with those learners attending schools formerly designated for African learners during Apartheid having the least knowledge. Conclusion: Given the multiple factors that may serve as barriers to women accessing abortion, it is imperative that at least the most fundamental aspect of reproductive rights, that is, the right to information, is not undermined.
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Harpur, Paul David. "Labour rights as human rights : workers' safety at work in Australian-based supply chains." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/35793/1/Paul_Harpur_Thesis.pdf.
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The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers.
This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China).
It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses.
Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged.
Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR).
The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized.
Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.
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Grattan, Donald Scott Law Faculty of Law UNSW. "The logos of land: economic and proprietarian conceptions of statutory access rights." Awarded by:University of New South Wales. Law, 2006. http://handle.unsw.edu.au/1959.4/24368.
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Legislation in various jurisdictions alters the common law right to control access to one???s land by allowing the imposition of rights of access in favour of one landowner over the land of another. The relevant legislation can be divided into two categories. The first-generation legislation (s 88K, Conveyancing Act 1919 (NSW) and s 180, Property Law Act 1974 (Qld)) permits the creation of easements over servient land to facilitate the development of dominant land. The second-generation legislation (the Access to Neighbouring Land Act of New South Wales, Tasmania and the United Kingdom) permits the creation of temporary rights of access over servient land to facilitate work on dominant land. This thesis examines the extent to which this change in the law can be justified by three modes of ethical discourse: right-based, duty-based, and goal-based reasoning. An examination of the first-generation legislation and the cases in which it has been applied suggests that a form of goal-based reasoning can be used to justify its enactment. The legislation is needed to facilitate the efficient use of land where the existence of a bilateral monopoly and the possibility of strategic bargaining puts at risk the conclusion of a mutually beneficial agreement regarding access. A review of the second-generation legislation and the law reform reports and parliamentary debate that preceded its enactment indicates that the legislation can be justified by a form of duty-based reasoning. The legislation is needed to bring about a proper social ordering by imposing access rights where this would be consistent with the ideal of good neighbourliness. The thesis concludes that although these goal-based and duty-based discourses make an arguable case for the enactment of both generations of the legislation, neither of them, in an unadulterated form, provides a conclusive justification. Rather, an eclectic approach that draws on both discourses is required. It proposes that the legislation???s compensation provisions be amended to reflect the commingling of the ideas of efficiency, a properly ordered society and intensive land use, and to allow the servient owner to share in the benefits generated by the imposition of access.
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Philo, John C. "Health & safety rights and transnational liability for harm." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101826.
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Safety and health is a basic human need and when not met, exacts costs that prevent societies from realizing development goals. Injury is increasing as a leading cause of death and disability. As the result of advances in public health knowledge and safety engineering technology, accidents and other injury events are often preventable. Injuries result from identifiable determinants and conditions that create exposure to identifiable hazards. By controlling hazards, the toll of injury can be reduced.International trade and investment can create conditions that increase or diminish the global injury burden. International institutions and national governments face the question of how to protect safety and health rights and reduce the injury burden in a world of increasingly global business activity. International institutions do not yet provide comprehensive regulation for exported harms. In common law nations, liability through formal law plays an important role in regulating conditions that can lead to injury. In such nations, private law can play an important role in filling segments of the regulatory gap relating to exported harms.
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Atrey, Shreya. "Realising intersectionality in discrimination law." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:ff5720c2-d40f-4126-9a1e-3831e61f0986.
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The central aim of the thesis is to understand why intersectionality remains at the fringes of mainstream discrimination law and to provide an alternative vision to the dominant conception of single-axis discrimination. This aim is pursued by translating intersectionality theory into the conceptual and doctrinal precincts of comparative discrimination law of South Africa, Canada and the United Kingdom. The thesis is divided into three parts. Part One posits the framework of 'intersectional integrity' as forming the backbone of the category of intersectional discrimination. Its normative core insists on mapping the intersections between identities as creating unique and shared patterns of group disadvantage by considering people's identities as a whole. It is this bipartite framework against which the doctrine is considered. Part Two deals with the doctrinal limitations which impede a successful claim of intersectional discrimination. The comparative analysis fine-combs through the judicial interpretation to understand how it fares against the framework of intersectional integrity. The judicial strategies emerging from the doctrinal analysis are consolidated in the form of a graded spectrum which captures the proximity of each response from the category of intersectional discrimination. Beyond this conceptual reimagination, it also considers how other tools in discrimination law need to be recalibrated to accommodate an intersectional claim. These include the conception of equality and discrimination, the criteria for selection of analogous grounds, the understanding of indirect discrimination, the relationship between impact and justification analysis, apportioning the burden of proof and determining the standard of scrutiny. Part Three consolidates the normative insights emerging from the thesis. A restatement of the theoretical and doctrinal recalibrations helps imagine how a lawyer would walk through the labyrinth of discrimination law for realising a claim of intersectional discrimination.
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Malmsköld, Elin. "The status of abortion in public international law and its effect on domestic legislation." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-355922.
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Few issues divide leaders and policy-makers as much as abortion, which regularly sparks heated political, religious and philosophical debates. Numerous states choose to prohibit or criminalize abortion, despite the fact that it has been practiced throughout recorded history. In many of these states, women turn to unsafe abortion methods, such as consuming bleach or inserting a coat hanger, which may cause long-term damage or death. In the light of this tragic reality, one could ask whether these women have a right to safe abortion in human rights law or not. In order to answer this question, the author analyzes the status of abortion in public international law. The results are based on a thorough examination of the preparatory works (travaux préparatoires) and reservations to CEDAW, CRC, ECHR, and ICCPR, as well as documents by international and regional treaty bodies. The author applies a treaty-based international law methodology, analyzes the results through Hilary Charlesworth and Christine Chinkin’s theory of the public and private distinction in public international law and discusses the juridical- political context. The author concludes that there is neither an explicitly formulated human right to abortion, nor is abortion included within the right to family planning. However, she finds that domestic legislation which criminalizes or restrict access to safe abortions may be in violation of other fundamental human rights.
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Chinnian-Kester, Karin. "Female genital mutilation as a form of violence against women and girls: an analysis of the effectiveness of international human rights law." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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Latter, Gareth Paul. "Copyright law in the digital environment: DRM systems, anti-circumvention, legislation and user rights." Thesis, Rhodes University, 2012. http://hdl.handle.net/10962/d1003196.
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This thesis deals with the way in which copyright law is changing in the digital environment and the mechanisms which are facilitating this change. It deals with these issues by analysing the mechanisms of this change, specifically Digital Rights Management (DRM)Systems and anti-circumvention legislation, and the impact which this change is having on the rights of copyright users. The purpose of copyright is to provide an incentive to authors to continue creating while simultaneously providing a public good in allowing the public to use those creations in certain ways. Copyright achieves this purpose by granting both the author and user certain rights. The author is given a limited monopoly over their work in exchange for allowing this work to enter the public sphere and ensuring that users of that work can utilise that work in certain limited ways. The success of copyright thus rests on maintaining the balance between the rights of these parties. The rise of digital technology has created a situation in which copyright content can be easily copied by any party with a Personal Computer and disseminated around the globe instantly via the Internet. In response to these dangers, copyright owners are making use of DRM systems to protect content. DRM systems include various measures of control within its scope. Theses systems allow for copyright owners to control both access and use of content by copyright users. DRM Systems are not foolproof measures of protection however. Technologically sophisticated users are able to circumvent these protection measures. Thus, in order to protect DRM Systems from circumvention, anti-circumvention legislation has been proposed through international treaties and adopted in many countries. The combined effect of these protection measures are open to abuse by copyright owners and serve to curtail the limited rights of copyright users. The end result of this is that the balance which copyright law was created to maintain is disrupted and copyright law no longer fulfils its purpose. This thesis undertakes an analysis of these issues with reference to how these issues affect copyright users in developing countries. This is done with particular reference to possible approaches to this issue in South Africa as South Africa is a signatory to these anti-circumvention treaties.
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Bouvet, Isabelle. "Certain aspects of intellectual property rights in outer space." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/mq64265.pdf.
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Rogers, Tommy Kevin. "Parental Rights: Curriculum Opt-outs in Public Schools." Thesis, University of North Texas, 2010. https://digital.library.unt.edu/ark:/67531/metadc30507/.
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The purposes of this dissertation were to determine the constitutional rights of parents to shield their children from exposure to parts of the public school curriculum that the parents find objectionable on religious, moral, or other grounds and to determine the statutory rights of parents to remove, or opt-out, their children from objectionable parts or all of the public school curriculum as set forth in the statutes of the 50 states and the District of Columbia. Many pivotal federal court cases dealing with parent rights and curricular issues, including Mozert v. Hawkins County Board of Education (1987), Vandiver v. Hardin County Board of Education (1987), Brown v. Hot, Sexy, & Safer Productions, Inc. (1995), Leebaert v. Harrington (2003), and Parker v. Hurley (2008) were surveyed using legal research methods. Specific types of curriculum opt-outs (e.g., sex education, comprehensive health programs, HIV/AIDS instruction) granted by each state were ascertained. States' statutes and regulations were categorized as non-existent, restrictive, or permissive based on the scope and breadth of each state's curriculum opt-out statute or regulation. A long list of federal court rulings have provided public schools the right to teach what school boards and administrators determine is appropriate. Parents did not have any constitutional right to opt their children out of public school curriculum. Many states' legislatures have granted parents a statutory right to opt their children out of certain parts of school curricula. In this study, 7 states had non-existent statutes or regulations, 18 states had restrictive statutes or regulations, and 26 states had permissive statutes or regulations.
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Maunganidze, Tendai. "An evaluation of the regulation and enforcement of trade mark and domain name rights in South Africa." Thesis, Rhodes University, 2007. http://hdl.handle.net/10962/d1007571.
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The conflict between trade marks and domain names has been a major subject of legal debate over the past few years. The issues arising from the relationship between trade marks and domain names reveal the difficulties associated with attempts to establish mechanisms to address the problems existing between them. Trade mark laws have been adopted to resolve the trade mark and domain name conflict, resulting in more conflict. Domain name registers have to date been constructed on the basis of first come first served. Given that the generic indicators are very general, it has been inevitable that problems would arise, particularly once the commercial potential of the Internet began to be realised. Unlike domain names, trade marks are protected in ways which are more precise. Trade marks may not be imitated either exactly or in a manner so similar that it is likely to confuse a significant portion of the public. It is possible for more than one enterprise to use the same trade mark in respect of different goods, although this is not possible with domain names. This disparity in objectives leads to two core problems. The first problem relates to cybersquatters who deliberately secure Top Level Domains (TLDs) containing the names or marks of well known enterprises in order to sell them later. The second problem relates to the rival claims between parties who have genuine reasons for wanting particular TLDs, and problems associated with the resolution of such claims. The disputes between parties with legitimate conflicting interests in domain names are often not equitably and effectively resolved, thus compromising the rights of domain name holders. There is great activity in the United States of America (USA) and the United Kingdom (UK) to provide a more substantial system of governing and regulating the Internet. There is a strong movement to provide methods of arbitrating conflicts between honest claims to TLDs which conflict either in Internet terms or in trade mark law. However, these difficult policies remain to be settled. South Africa's progress towards the establishment of an effective mechanism to govern and regulate the Internet has been hindered by the absence of a policy to resolve domain related trade mark disputes. South Africa only recently drafted the South African Regulations for Alternative Domain Name Dispute Resolution (zaADRR), although the regulations have not yet been adopted. Therefore South African parties to domain name disputes continue to find solutions to their problems through the court system or foreign dispute resolution policies. The purpose of this study is firstly to examine and to comment on the basic issues of trade mark law and domain names in this area, with particular reference to South Africa, and secondly to examine the mechanisms in place for the resolution of trade mark and domain name disputes and to highlight the issues that flow from that. An additional purpose of this study is to discuss the policies of the dispute resolution mechanisms and to suggest how these policies can be improved.
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Du, Plessis Jan Andriaan. "The impact of minimum sentence legislation on South African criminal law." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020037x.
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The Criminal Law Amendment Act introduced a scheme where minimum sentences are prescribed for serious offences into the South African Criminal Law. The limitations put on the courts’ sentencing discretion were not received with unanimous approval from all quarters. The Constitutional Court declared the general working of the Act to be constitutional soon after its inception. Specific provisions pertaining to certain offences remained unpopular. The hefty sentence of 15 years imprisonment prescribed for the possession of a semi-automatic firearm is put forward as an example in this regard. High Courts avoid the minimum sentence prescribed for this offence by using different interpretational methods. Despite the sense of animosity towards the unfair contents of this provision, no ruling is made on the constitutionality thereof. An apparent deference towards the legislature could be detected on the part of the judiciary. South African jurisprudence discourages our courts to rule on the constitutionality of a law. It is only done when the defect could not be remedied by any other available means. The reluctance of our courts to make a ruling on the constitutionality of the semi-automatic provision does not promote legal certainty. High Courts attach different interpretations to the “true intention” of the legislature in order to bypass this provision. Logic dictates that inexperienced presiding officers with inferior interpretational skills would continue to hand down the minimum sentence while it remains on the law books. A sentence of fifteen years is also prescribed for robbery with aggravating circumstances. The existing common law on the interpretation of the definition of this offence provides for a wide range of human conduct to be included. Case law could be expected where the courts deviate from the prescribed sentence on a regular basis. This unscientific approach should be discouraged and a rethinking of the boundaries of this offence is suggested. The Act is doing more harm than good to our Criminal Law. The legislature could still provide other visible measures against serious crime without invading the sentencing discretion of the judiciary.
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O'Mahoney, Sarah. "Mothers of the nation: the effect of nationalist ideology on women's reproductive rights in Ireland and Iran." Thesis, McGill University, 2009. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32560.
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Traditionally, studies of nationalism have largely ignored the issue of gender but, more recently, there is a growing body of feminist scholarship asserting that all nationalisms are gendered and exploring the effects of this gendering on women. In this thesis, I will examine how the focus on devout mothers as symbols of the nation in nationalist ideology can, when codified into law, engender negative effects on women's reproductive autonomy. Two countries that show surprising parallels in this regard are the Republic of Ireland and the Islamic Republic of Iran. Through comparing these two countries, one Catholic and one Muslim, I hope to highlight the ways in which diverse nationalisms use religion to justify what are politically motivated actions taken to control and subjugate women.Les études portant sur le nationalisme ont traditionnellement ignoré la question des genres, du moins dans une large mesure. Or, une mouvance intellectuelle et féministe récente affirme de plus en plus que tous les nationalismes impliquent clairement cette distinction entre les genres, et explore l'impact de ce phénomène auprès des femmes. Dans la présente thèse, j'analyserai comment l'emphase placée sur les mères dévouées en tant que symboles de la nation dans le cadre d'idéologies nationalistes peut, lorsque codifiée en droit, engendrer des effets néfastes pour ce qui concerne l'autonomie reproductive des femmes. À cet égard, les cas de la République d'Irlande et de la République islamique d'Iran suscitent de surprenants parallèles. En comparant ces deux États, l'un catholique et l'autre musulman, j'espère souligner les façons dont les nationalismes variés emploient la religion afin de justifier des mesures politiques visant à contrôler et à subjuguer les femmes.
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Lacher, Laurel Jane, Thomas III Maddock, and William B. Lord. "RESPONSE FUNCTIONS IN THE CRITICAL COMPARISON OF CONJUNCTIVE MANAGEMENT SYSTEMS IN TWO WESTERN STATES." Department of Hydrology and Water Resources, University of Arizona (Tucson, AZ), 1993. http://hdl.handle.net/10150/617810.
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Conjunctive management of surface and ground -water resources on state and
local levels is a relatively new political phenomenon. This type of management has
evolved, in part, in response to growing populations with ever -increasing, and often
conflicting, water demands. In addition, a more sophisticated technical understanding
of the physical link between groundwater and surface waters has led water managers to
reconsider historical strategies for solving water supply problems. In light of growing
demand and improved technology, some western states have begun the transition from
crisis- oriented water management to one of long -term planning for population growth
and environmental protection. This planning process requires that the constituents of a
region define their water use goals and objectives so that various approaches to
conjunctive management may be evaluated for their suitability to that particular
physical and socio- political environment.
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Lindeborg, Alicia. "Representation and its importance for women's sexual and reproductive health and rights : Does the proportion of women in national parliaments matter for the extent to which legislation and policy guarantee women's sexual and reproductive health and rights?" Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-432522.
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This thesis sets out to investigate if the proportion of women in the national parliament correlates with the extent to which national laws and policies guarantee women's sexual and reproductive health and rights. By conducting a cross-national comparison, this thesis contributes to the existing literature by offering an analysis of the relationship, utilizing a comprehensive measurement of states national legal and regulatory framework relating to women's sexual and reproductive health and rights. Further, it aims to offer an analysis of how the relationship appears in different regime-types, including both democratic and non- and partial democratic states. The results did not provide any support for a correlation between the proportion of women in the national parliament and the extent to which national laws and policies guarantee women's sexual and reproductive health and rights, regardless of the regime-type. While the results are inconsistent with the predictions of a correlation, this thesis is able to conclude that the concept of women's representation and how it may be connected to substantial changes in national legislation and policy is a complex relationship, worthy of further research.
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Brady, Michael J. "International law and national legislation : their relation to human rights and the protection of minorities." Thesis, Queen's University Belfast, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.387978.
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Moyo, Admark. "Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law." Doctoral thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12914.
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Includes bibliographical references.Throughout history, the boundaries between children’s rights, parental responsibility and state intervention have been regularly redrawn. At the heart of this process is the need to recognise the separate personhood of the child and the important role played by parental guidance in the proper upbringing of children. While participation rights spring from the child’s autonomy-related claims, parental guidance and state intervention arise from the child’s need for protection, at least until the child either reaches the age of consent or attains majority status. Thus, children are now seen as holders of autonomy rights who should nonetheless be protected, by parents and the state, from personal decisions that threaten other important interests. At the international level, the separate personhood of the child has been legally reinforced by the adoption of the Convention on the Rights of the Child. This instrument entrenches non-discrimination, child participation rights, the best interests of the child and the right to life, survival and development as general principles of children’s rights. These principles have been largely domesticated in South African law and play an important role in determining how much autonomy and protection should be given to children. This study relies upon primary and secondary legal materials to explain whether international and domestic law strike an appropriate balance between children’s autonomy, parental responsibility and state intervention in decision-making.
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McCall, Venitta Claudia. "An analysis of the legal rights and responsibilities of Virginia public school educators." Diss., This resource online, 1994. http://scholar.lib.vt.edu/theses/available/etd-06062008-145010/.
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Geiser, Madeline Allott. "The Limits of Law in the American Reproductive Freedom Movement." Ohio University Honors Tutorial College / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1587700422115124.
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Bidie, Simphiwe Sincere. "The obligation of non-discrimination under the General Agreement on Trade in Services (GATS) and the agreement on Trade-related aspects of Intellectual Property Rights (TRIPS): a developmental perspective." Thesis, University of Fort Hare, 2011. http://hdl.handle.net/10353/338.
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The non-discrimination obligation has existed since the twelfth century. It has been practiced since then, changing from a conditional to unconditional form with the passage of time. It became firmly applied unconditionally at the multilateral level in 1947 after the formation of the GATT trading system upon which several countries based their trading relations. In 1995 when the WTO was formed, the underlying principles of the GATT 1947 became part of the WTO trading system, including the non-discrimination obligation. When countries join the WTO they automatically become subject to the non-discrimination obligation. The ever increasing value of services and trade in the value of intellectual property has necessitated a look at the fundamental principles of world trade that countries have to adhere to in their trade relations. Incidentally, countries are not at the same level economically, hence one of the purposes of the WTO is to facilitate development in developing countries. Accordingly, this requires different application and/or interpretation of these fundamental principles in different situations, depending on the development level of each Member country. Amongst the five principles that underlie the international trading system, the non-discrimination principle is the focus of this study. The sustainability of the entire economic relations between WTO Member countries is dependent upon their fair compliance with this obligation. The obligation is found in Articles II and XVII of the GATS and Articles 3 and 4 of the TRIPS. The Membership of the WTO is made up of developed and developing countries. As a result of the fundamental nature of the obligation it is imperative that the scope and interpretation of this obligation, as developed by WTO adjudicating bodies, be analysed to determine if the obligation’s application and/or interpretation satisfies the above fundamental object and purpose of the multilateral system of trade. The intention here is at all times to show the importance that the non-discrimination obligation carries in international economic and legal interactions and how non-observance of this obligation would negatively affect relations between Member countries of the WTO.
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Crouse, Chantell Belinda. "The rights of employees following a transfer of an undertaking in terms of section 197 of the Labour Relation Act in an outsourcing context." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1015060.
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The protection that employees enjoy under our common law in the transfer of a business of its employer is very little. Common law only concerns itself with the lawfulness of a contract of employment. Common law is, however, now also experiencing the effect of the Constitution which provides for fair labour practices. Proper legislation was enacted to afford employees proper protection against dismissals resulting out of a transfer of a business by the employer as a going concern. Such a dismissal would be automatically unfair in terms of section 187(1)(g) of the LRA. The protection that employees enjoy is governed by section 197 of the LRA. This section provides that the new employer is placed in the “shoes” of the old employer. It also further states that the new employer could be held accountable for the unlawful actions of the old employer against an employee prior to the transfer taking place. Section 197 of the LRA, however, does not apply to all transfers of businesses. There are some key concepts that are of importance to determine its applicability. Such concepts include whether there was a transfer of a business or a part of the business and whether it was transferred as a going concern. The words “transfer” and “business” are defined in section 197(1)(a) and (1)(b) of the LRA. However, the words “going concern” are not defined and one would have to scrutinise case law for guidance in considering whether the transfer was done as a going concern. A leading case is that of Schutte Powerplus Performance (Pty) Ltd.1 In this case the court held that one must consider the substance of the agreement in determining whether the business was transferred as a going concern. It further held that the lists of factors that one should have regard to are not exhaustive. Section 197 of the LRA also applies to employees whose services have been outsourced. Outsourcing of services occurs where an employer discontinues a service or activity that is in most cases not part of the main business of the employer, and contract an outside contractor to take over that service or activity. This matter was given clarity in the case of SA Municipal Workers Union v Rand Airport Management Company (Pty) Ltd.2 The court came to the conclusion that section 197 could apply to outsourcing, provided it passes the test of “transfer” as well as the test of what constitutes a “business or service”. Outsourcing to labour brokers is, however, not covered by section 197 of the LRA. The matter was given consideration by the Labour Court in CEPPWAWU v Print Tech (Pty) Ltd.3 Another question is whether second-generation outsourcing is covered by section 197 of the LRA. Second Generation Outsourcing occurs when an employer put the outsourced service out to tender upon the outsource contract coming to an end and a new entity is awarded the outsourcing opportunity following the original outsource entity being unsuccessful in its bid to secure the contract for an additional term.
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Fourie, Melanie. "Prosecuting sexual abuse of children : enhancement of victims rights vs protection of constitutional fair trial rights." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50431.
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Thesis (LLM)--Stellenbosch University, 2005.ENGLISH ABSTRACT: In 2002 the South African Law Commission published a report in which amendments to the existing rules of criminal procedure and evidence were proposed. A number of these recommendations have since been included in a Bill that was tabled before Parliament in 2003. The proposed amendments largely reflect values which underlie the "Victims' Rights" movement. The aim of this thesis is to consider the possible influence of these amendments on the constitutionally guaranteed fair trial rights of the accused. The study focuses on those amendments that play a role in the prosecution of alleged sexual offences against children, and shows that although the recognition of victims' rights is important, it should not be done at the expense of a fair trial. Dangers inherent to the proposed amendments are therefore highlighted. The rights of the accused are used to test the desirability or not of the proposed amendments. Foreign authority is used to support the argument made in the thesis.
AFRIKAANSE OPSOMMING: In 2002 het die Suid-Afrikaanse Regskommissie 'n verslag gepubliseer waann veranderings aan die huidige strafprosesreg- en bewysregreëls voorgestel word. 'n Aantal van hierdie voorgestelde wysigings is intussen opgeneem in 'n Wetsontwerp wat in Augustus 2003 voor die Parlement gedien het. Die voorgestelde wysigings reflekteer tot 'n groot mate waardes wat die "Victims' rights" beweging onderlê. Die doel van hierdie tesis is om die moontlike invloed van hierdie wysigings op die grondwetlik verskanste billike verhoor regte van die beskuldigde te ondersoek. Die ondersoek fokus op daardie veranderinge wat 'n rol speel in die vervolging van beweerde geslagsmisdade teen kinders. Daar word aangetoon dat alhoewel die erkenning van regte vir slagoffers belangrik is, dit nie ten koste van 'n regverdige verhoor gedoen kan word nie. Gevare verbonde aan die voorgestelde wysigings word dus uitgewys. Die regte van die beskuldigde word deurgaans gebruik om die wenslikheid al dan nie van die voorgestelde wysigings aan te toon. Buitelandse gesag word aangewend om die betoog te ondersteun.
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Chow, Lok-ning Eric, and 周樂寧. "Policy-making in an executive-led government: an analysis of the equal opportunities bill and the human rights andequal opportunities commission bill." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31964916.
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Thoms, J. Michael. "Ojibwa fishing grounds a history of Ontario fisheries law, science, and the sportsmen's challenge to aboriginal treaty rights, 1650-1900 /." online access from Digital Dissertation Consortium access full-text, 2004. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?NQ90280.
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Nieminen, Sanni. "Assisted Reproductive Technologies and Medically Assisted Reproduction in the Context of the European Convention on Human Rights : Legal and Social Perspectives." Thesis, Umeå universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-153905.
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Booth, Kay Lenore, and n/a. "Rights of public access for outdoor recreation in New Zealand." University of Otago. Department of Tourism, 2006. http://adt.otago.ac.nz./public/adt-NZDU20070208.142035.
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This thesis explores the nature of public access rights for outdoor recreation in New Zealand. It aims to improve understanding of these rights by examining the New Zealand public policy framework for public access, the social constructions of access rights and the interaction of these dimensions via analysis of two contemporary New Zealand access issues: the foreshore access debate and the state-sponsored Land Access Review. An institutional arrangements framework forms the study�s conceptual basis and is critiqued for its value in the examination of rights of public access. Multiple qualitative methods were employed to collect data, including interviews with access actors, submission analysis, examination of public policy documents and critical interpretation of the access discourse within the mass media. Key themes from the international access literature are identified and the disparate nature of much of this research is highlighted. Within New Zealand, public access represents an area of research neglect. This thesis provides the first comprehensive study of rights of public access for outdoor recreation in New Zealand.
A threshold has been reached in the evolution of access rights in New Zealand. Societal changes are perceived to be reducing the public�s traditional rights to access land for outdoor recreation. Owing to the importance of these rights within conceptions of New Zealand national identity, the Government is codifying access rights in a bid to protect them. Thus a shift in access arrangements is occurring, from reliance upon social customs to increasing use of public policy instruments.
Access rights are being renegotiated within a highly contested environment. The debate is being staged within the political arena and via the national news media; access has become a significant national issue. As a result, the level of engagement has shifted from localised access transactions between landholders and recreationists, to a national discussion regarding competing rights to land. Access actors have reacted in different ways to the reforms of access arrangements, driven by the manner in which the proposals affect their property rights, social values and norms. Some reactions have been strident and confrontational.
Inadequate public policy arrangements for access have created the 'space' for these multiple social constructions of access to develop. Convergence of a disparate and poorly enforced access public policy framework with varying social representations of access rights is influencing the access outcomes. The 'place' of public access within New Zealand society occurs at the intersection of several strongly-held cultural traditions, including private property rights, Maori customary rights, and a belief that it is a birthright to freely access the outdoors. The tension between these values underpins New Zealand�s unique (and changing) manifestation of the rights of the public to access land for recreation.
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Hamilton, Arthur. "India and Intellectual Disability: An Intersectional Comparison of Disability Rights Law and Real Needs." Thesis, Université d'Ottawa / University of Ottawa, 2020. http://hdl.handle.net/10393/40282.
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Given its vast population, India has one of the highest absolute numbers of people with intellectual disability (PwIDs) in the world. Studies have placed the prevalence as high as 3.1% of children aged between 2 to 5 years and 5.2% of children aged between 6 to 9 years. India recently passed the Rights of Persons with Disabilities Act, 2016 (RPwD Act), to align itself with the United Nations Convention on the Rights of Persons with Disabilities. This thesis applied the complementary methods of the review of academic and grey literature, document analysis of the RPwD Act, and in-depth informant interviews to become the first full study on the extent to which the RPwD Act meets the needs of PwIDs. Drawing on the biopsychosocial model of disability and intersectional theory, the findings show that the RPwD Act only partially meets the needs of PwIDs. The RPwD Act does incorporate progressive elements such as affirmative action provisions in the labour market, measures to prevent unethical research on PwIDs, and steps toward inclusive education. However, the Act stipulates a disability certification process that remains mired in the medical model of disability and is mostly inaccessible in rural areas. It also continues the system of legal guardianship dating to the colonial era which deprives many PwIDs of legal capacity and leaves some of them confined to long-term institutions with highly inadequate levels of care. Other problems in the Act include inadequate provisions to provide privacy, reproductive rights and education, and protection from discrimination.
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Chen, Gengzhao, and 陈耿釗. "Implementing housing rights in China : reinterpreting Chinese constitutional property." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/193458.
Full textAbstract:
This thesis explores the impact of housing rights jurisprudence on Chinese legal and policy frameworks in the housing sector, examines the key related issues, and assesses whether current practices are in line with international best practice. The thesis considers three major questions, viz.
1 What are housing rights?
2 What is the significance of housing rights in the Chinese context?
3 Given the features and nature of housing rights, and China’s transitional societal background, how could housing rights be implemented?
By looking at the jurisprudence and jurisprudential development of housing rights in international law and related humanitarian jurisprudence, this thesis proposes a three-layer framework of housing rights, which encompasses property and resource dimensions. While the property dimension requires the state to refrain from interfering in property interest in housing, the resource dimension establishes a set of principles for directing governmental duties in utilizing and redistributing resources. The governments should enable equal and equitable access to housing and housing-related resources, and ensure housing development is a human-centered, sustainability-oriented process.
China is a transitional society, where the Constitution shows a trend towards strengthening property rights protection, but institutional constraints on property rights remain. There are also transformative schemes in the housing sector that take the form of land reform and public housing programs. An overview of the housing regime in China identifies three primary limitations: an incoherent legal framework of Chinese takings law related to the property dimension of housing rights; problems with equal and equitable access to land resource as reflected by the urban-rural divide in the land tenure system; and the lack of a sustainability vision in public housing development. It is, therefore, argued that implementing housing rights involves enshrining values and principles related to housing rights in the domestic constitution. This can take the form of reinterpreting the Chinese constitutional property according to the three-layer framework of housing rights. Such a reinterpretation sheds further light on how to resolve the key issues in the current housing regime.
This study concludes that housing rights require Chinese constitutional property to strike a balance between protecting existing property-holdings and the transformative schemes in the housing sector. For the property dimension of Chinese constitutional property, housing rights help to construct a coherent jurisprudence for Chinese takings law. The resource dimension of housing rights serves as an assessment tool for the policy framework to guide both the utilization and redistribution of land resources and the development of public housing programs. This facilitates the legal and policy framework in the housing sector to be informed by humanitarian jurisprudence and be in line with international best practice.
The pioneering nature of this thesis lies in its exploration of humanitarian jurisprudence which is new to Chinese constitutional reasoning, and the extension of jurisprudential discussion of housing rights to public policy formulation. It is also innovative in proposing the three-layer framework of housing rights. Some of the findings from the discussion of international jurisprudence may be extended not only to the Chinese setting but also to other transitional economies which face similar housing issues and concerns in their policy-making.published_or_final_version
Real Estate and Construction
Doctoral
Doctor of Philosophy
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Pillay, Neelan. "Teachers’ knowledge of legislation and education law specifically and its influence on their practice." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/43224.
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This study argues that education law is of paramount importance in order to be a successful
teacher in our democracy where human rights of all stakeholders are protected and as such
remains the responsibility of government to ensure that all new teachers are trained in the
field of education law.
This dissertation reports to the significance the participants attach to education law and to
their attitudes and their practice in schools. It continues to answer the question whether
knowing the legal rules is in fact changing the game on ground level. There are differing
perspectives on the exact essence of education law; however, there seems to be consensus
in the literature that the fundamental function of education law is to regulate the rights
and obligations of the interested parties in order to make the school conducive for teaching
and learning. The education law functionally contributes to the creation of harmonizing
relationships and ensuring co-operation amongst all stakeholders. Education law therefore
creates a clear framework for the professional role of teachers. The law defines the border
of the playfield and actions at stake in the education sector. Education law as module in Higher Education programmes deals with issues that pertain
directly to the teaching profession. These include inter alia governance, the Bill of Rights,
instructions/regulations, limitations, application of legal principles and expectations
regarding the teacher as an employee. It deals with legal applications and the legal
balancing of human rights in educational practice. As a result, it is assumed that teachers
may feel somewhat overwhelmed by the content of an education law module and its
associated outcomes. This dissertation will therefore also deal with the ability of teachers
to understand and apply the values that underpin the Constitution of the Republic of South
Africa. Education should lead young citizens towards occupying their place in a democratic
society based on human dignity, equality and freedom. The dissertation argues that
insufficient knowledge of education law is impacting negatively on a culture of human
rights application in our school system which results that the school system is unsuccessful
and do not fulfil its obligations in a democracy. This may result in the DoBE being held accountable for not empowering teachers to develop our young citizens to fulfil their place
in our democracy.
In light of the impact of education law, this dissertation is essentially divided into three
sections:
The first section provides an overview of the issues and challenges of teachers
who have had no formal exposure to education law;
The second section focuses on the impact on teachers who have studied
education law as part of their teaching qualification, and
The third section seeks to offer policy recommendations as remedy, inter alia to
include education law as part of all teachers’ training curricula in South Africa.
The legal remedies that this dissertation advocates is that Government should take on their
legal responsibilities towards its employees without turning a blind eye on the value crisis
in our country. Government is accountable to ensure that each teacher is skilled and have
the competencies to apply legal principles and human rights to instil a culture of human
rights that is conducive for teaching in our school system.Dissertation (MEd)--University of Pretoria, 2014.
lk2014
Education Management and Policy Studies
MEd
unrestricted
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Ombella, John S. "Benefit sharing from traditional knowledge and intellectual property rights in Africa: "an analysis of international regulations"." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8927_1213866323.
Full textAbstract:
This thesis was written in the contemplation of the idea that, it is only through protection of the traditional knowledge in African local societies where these societies can rip the benefit of its commercialization and non-commercialization. It was thus centered on the emphasis that, while the African countries are still insisting on the need to have amendments done to the TRIPS Agreement, they should also establish regulations in their domestic laws to protect traditional knowledge from being pirated. This emphasis was mainly raised at this time due to the wide spread of bio-piracy in African local societies by the Western Multinational Pharmaceutical Corporations.
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Elbahtimy, Mona Ahmed Hassan. "The right to be free from the harm of hate speech in international human rights law : an analysis of a difficult evolutionary path." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648696.
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