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1
Simsek, Yilmaz. "New Surveillance Technologies and the Invasion of Privacy Rights." Thesis, University of North Texas, 2003. https://digital.library.unt.edu/ark:/67531/metadc4252/.
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Definition of privacy has changed by the changes and improvements in information and surveillance technologies. These changes and improvement need new legal decisions for new kinds of privacy invasions. This study explores the scope of privacy right, particularly when a technological surveillance has occurred by law enforcement agencies. It focuses in particular on increasing law enforcements' surveillance technologies and devices that have the potential to impact citizens' information privacy. These increasing changes in surveillance technologies have important implications both for law enforcements and citizens. This study also discusses increasing law enforcement surveillance for the public's security, changes of the laws that allow law enforcements to use new surveillance powers as a war on terrorism, and the citizens concerns of information privacy. A particular attention is given to the recent public opinion surveys which show citizens' increasing privacy concerns. Finally, a set of recommendations to figure out security-privacy debate and reduce the privacy concerns of the citizens is offered.
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Nkurunziza, Venant. "Protection of indigenous peoples in Africa: the case of the batwa in Rwanda." University of Western Cape, 2013. http://hdl.handle.net/11394/3910.
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Wakelin, Elyse Margaret. "Minority rights protections in contemporary Europe : the double standards between the obligations of member states and candidate countries." Thesis, University of Leicester, 2017. http://hdl.handle.net/2381/40347.
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Through the principle of EU conditionality, the European Union has proven itself to be somewhat of a normative actor in a number of key foreign policy areas including in minority rights. In 2003, Moravcsik and Vachudova proposed that “the accession process imposes something of a double standard in a handful of areas, chiefly the protection of ethnic minority rights, where candidates have to meet standards that the EU-15 have never set for themselves”. This assertion has been widely proven in academic literature to be correct for the case of the Central and Eastern (CEEC) enlargements of 2004 and 2007. However, there has been limited scholarly attention on whether this assertion still applies to states currently seeking European Union Membership. This thesis proposes that this ‘double standard’ in minority rights obligations has evolved into a four-way divide in minority rights standards taking into account the CEEC and the present accession processes involving the Western Balkan states. The thesis analyses this four-way divide, focusing on the key case studies of Latvia and Bosnia and Herzegovina. It furthermore rejects the arguments offered to justify the different standards which have emerged in minority rights standards across the region. With the European Union facing turbulent times with the June 2016 Brexit vote and rising Euroscepticism, it is essential that the European Union seek to bring accession requirements and membership obligations in line with each other and develop an acquis communautaire on the fundamental area of minority rights.
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Nelson, Inga Katrin. ""Each Generation of a Free Society": The Relationship between Montana's Constitutional Convention, Individual Rights Protections, and State Constitutionalism." PDXScholar, 2011. https://pdxscholar.library.pdx.edu/open_access_etds/311.
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In the mid-1970s, state courts began to interpret state constitutions independently of the federal constitution in a way that provided greater protection for individual rights at the state versus federal level. Scholars have generally attributed the rise of this movement, known as state constitutionalism, to the actions and scholarship of judges and point to the cause as a fear that the Burger court would rollback Warren court era protections for individual rights. In reality, the concept of state constitutionalism had been present throughout the 1950s-1970s period of state constitutional revision and was deeply influenced by concerns over the status of the federal system. Montana's 1972 Constitutional Convention illustrates the role that constitutional revision had in the subsequent adoption of state constitutionalism. In particular, the creation, adoption, and interpretation of two provisions--the privacy and dignity clauses--shows that the public was engaged in a conscious decision to go beyond the federal protections for individual rights. Montana's experience suggests that further research is needed in order for scholars to fully understand the rise and adoption of state constitutionalism.
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Alsalmi, Hussain Sulaiman. "Oman's basic statute and human rights : protections and restrictions with a focus on nationality, Shura and Freedom of Association." Thesis, University of Manchester, 2012. https://www.research.manchester.ac.uk/portal/en/theses/omans-basic-statute-and-human-rights-protections-and-restrictions-with-a-focus-on-nationality-shura-and-freedom-of-association(9c411873-6252-4ee1-b574-40ff59e94867).html.
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Over the last three decades, Oman has emerged as a center of political and economic stability in the Arab world, a stability which is an essential ingredient for any country to develop and flourish. Whereas democracy and public freedoms are at the core of stability in other parts of the world, the case in Oman is different. It is not a democratic state and it did not adopt the modern concepts of human rights and public freedoms into its legal-political system until 1996 when the Basic Statute of the State was promulgated. The purpose of this study is to provide a general view of the current status of Human Rights under the Omani Basic Statute of the State with a specific focus on some civil and political rights. It illustrates the situation of human rights by assessing the implementation of the constitutional and legal safeguards into practice and finding out what hinders them. It aims to evaluate the importance of the constitution in Oman, and the extent to which it has succeeded in incorporating international human rights’ standards while walking the tightrope of reconciling this with core traditional social customs and Islamic values. It analyses the compatibility of constitutional and national laws and practice with international human rights standards and assesses current trends and policies. Three case studies for different rights and freedoms are conducted to explore the guarantees and weaknesses of different rights in practice. These are the areas of nationality 'as individual right' which is very important under the Oman system as it is the direct link to enjoyment of other rights and freedoms. The Shura is the second case study as a political right or a collective right which represents public participation in Oman. Finally, the Freedom of Association, as an example for the freedom of expression and opinion, which represents individual and group rights together. This research evaluation analyses in detail the developments since the promulgation of the Basic Statute in December 1996 but stretches to encompass developments till the developments to the end of July 2011.
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Auriel, Pierre. "L’équivalence des protections des droits fondamentaux dans l’Union européenne." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020054.
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L’équivalence des protections des droits fondamentaux est une exigence formulée par les juridictions nationales afin de permettre de concilier les obligations constitutionnelles de mise en œuvre du droit de l’Union européenne et de protection des droits fondamentaux constitutionnels et conventionnels. En particulier, afin de répondre aux exigences d’unité et de de primauté du droit de l’Union, les juridictions nationales acceptent de suspendre le contrôle des actes étatiques mettant en œuvre le droit de l’Union européenne sur le fondement des droits fondamentaux constitutionnels et conventionnels aussi logntemps que le droit de l’Union européenne garantit une protection équivalente des droits fondamentaux. Dispositif baroque et instable, cette exigence est nécessairement précaire, des ruptures ponctuelles de l’équivalence apparaissant fréquemment. L’étude de cette exigence et de ces ruptures permet de faire apparaître la structure de l’Union européenne dans laquelle elle s’insère et à laquelle elle répond. Notamment, la nature internationale de l’Union et les mécanismes de réception du droit de l’Union européenne et du droit interne apparaissent au travers du jeu de l’équivalence. Le droit de l’Union européenne est mis en œuvre en étant soumis aux contraintes des ordres juridiques nationaux et en particulier, de leur ordre constitutionnelEquivalence of fundamental rights protection is a requirement formulated by national courts in order to reconcile the constitutional obligations to implement European Union law with the protection of constitutional and conventional fundamental rights. In particular, in order to meet the requirements of unity and primacy of Union law, national courts agree to suspend the review of State acts implementing European Union law in the light of fundamental constitutional and conventional rights as long as European Union law guarantees equivalent protection of fundamental rights. As a baroque and unstable device, this requirement is necessarily precarious, with occasional breaks in equivalence frequently occurring. The study of this requirement and these breaks reveals the structure of the European Union in which it is embedded and to which it responds. In particular, the international nature of the Union and the mechanisms for receiving European Union and national law appear through the interplay of equivalence. European Union law is implemented by being subject to the constraints of national legal systems and, in particular, their constitutional order
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Grigalashvili, Mariam. "Taxpayers’ rights protection during exchange of information : Whether taxpayers’ rights (right to privacy, participation rights) aresufficiently protected during exchange of information." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-409537.
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Priori, Posada Giovanni F. "From the Right of Action to the Effective Jurisdictional Protection of the Rights." IUS ET VERITAS, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/122625.
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Throughout the history of Procedural Law, a theme which undoubtedly calls for greater importance is the right of action, however, today does not have greater presence. Accordingly, the focus has moved towards the effective jurisdictional protection due to the phenomenon of constitutionalisation which the right of action has crossed. the author, in addition to analyzing the most important landmarks in the development of right of action, also focuses on the study of what is currently happening with effective judicial protection in order to reach a truly effective process thatensures our rights.A lo largo de la historia del Derecho Procesal, un tema que sin duda reclama mayor importancia es el del Derecho de Acción, sin embargo, hoy en día no tiene mayor presencia. en tal sentido, el enfoque se ha trasladado hacia la tutela Jurisdiccional efectiva a causa del fenómeno de constitucionalización que atravesó el Derecho de Acción. el autor, además de analizar los hitos más importantes en los que se desarrolla el Derecho de Acción, se centra también en el estudio de lo que viene pasando en la actualidad con la Tutela Jurisdiccional Efectiva con la finalidad de llegar aun proceso verdaderamente eficaz que garantice nuestros derechos.
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Yeremenko, A. "Human rights protection institute of jury." Thesis, Sumy State University, 2014. http://essuir.sumdu.edu.ua/handle/123456789/44926.
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Development and formation of legal state, consolidation of democratic principles of governance is impossible without recognizing of human rights and freedoms in Ukraine. Today in our country an acute problem of protection of human rights exists as a result of low level of economic development, instability in the socio-political and legal areas, lack of effective approaches to legal education of the individual. Citizens do not know their rights, do not have basic skills to use their rights and make demands to the state or other institutions for the restoration or protection of their rights.
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Chanda, Ashok Kumar. "Investigating consumer rights protection in India." Thesis, University of North Bengal, 2015. http://ir.nbu.ac.in/handle/123456789/1795.
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Granlund, Stefan. "The Right to Social Security : South Africa in Between Rights and Relief." Thesis, Uppsala universitet, Teologiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-254630.
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Social protection has become an important tool in efforts to eradicate poverty in developing countries and also risen strongly on the global development agenda the last decade. This thesis will look at different approaches to social protection and their relation to the human right to social security with South Africa as a case study. In using different scholars in the field of social protection and social justice together with qualitative fieldwork, the thesis explores the importance of social protection and the politics underlying efforts to protect the right to social security of South Africans living in poverty. The thesis suggests that South Africa’s social protection system lies somewhere in between rights and relief and more universal systems comply better with a rights based approach to social protection. Although significant progress has been made to social protection in South Africa the last decade, more needs to be done for South Africa to reduce rampant inequalities and combat poverty in the future.
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Pevato, Paula Monica. "International law and the right to environment : encouraging environmental cooperation via the international protection of human rights." Thesis, London School of Economics and Political Science (University of London), 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286363.
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This thesis revolves around one central question, the thesis' leilmotif. 'What is a right to environment in contemporary internationalegal theory and practiceT In the course of determining a right to environment's legal status, historical and modem human rights theories are considered. The author demonstrates that most writers have fallen into various rights traps, for instance, when they refrain from considering a right to environment as something other than a human right, such as a non-right, a concept of international environmental cooperation (IEC), or simply one of many goals of international human rights and environmental law and policy (Chapter 2). The author continues the examination of the leitmotif by consulting the sources of internationall aw enumeratedin Article 38(l) of the Statuteo f the InternationalC ourt of Justice, viz., custom, convention, general principles of law, and subsidiary sources Oudicial decisions and teachings of highly qualified publicists), from the perspective of the policy science school of thought. From this legal philosophical perspective, international law is viewed as a process, a system of authoritative decision-making wherein policy choices play a role, thereby expanding the analysis from a strict positive law perspective. Thus, in addition to the 'traditional' sources, the author conducts an exhaustive analysis of 'soft law' sources, including resolutions and declarations; conventional and extra-conventional mechanisms to international human rights treaties (States parties periodic reports, concluding observations, summary records, views in communications, general comments); conference reports, background studies; and conceptso f EEC,p articularly sustainabled evelopment,a mong others,f or indications of any consensuso n a right to environment( Chapters3 and 4). t The author's research is completed by a thorough analysis of many human rights tensions, such as the inherent restrictions within human rights treaty regimes themselves (viz., derogations, limitations, reservations, the principle of legality, drittwirkung, among others), or due to other tensions in public international law, most notably sovereignty issues and competing interests manifested as anthropocentricity, property rights, international trade, development, and aboriginal issues (Chapter 5). These tensions add further hurdles to a human right to environment's fulfilment. The author deduces from an examination of specific human rights, IEC concepts, case law, States parties' periodic reports, and other sources of international law, that the characteristicsa genericr ight to environmentm ight possessa lready exist within various substantive and procedural rights, whilst other attributes are more suitably addressed via a plethora of conventional mechanisms and policies pertaining to international law for the environment. A right to environment does not exist in international law, whether described as a human right, general principle of law, or otherwise. Its recognition would merely duplicate rights and obligations and is thereforeu nnecessaryT. he author concludes that the ultimate goal of a right to environment -- the attainment of a satisfactory quality of life within a healthy, ecologically balanced environment for present and future generations, all thriving in the human and natural worlds -- are encouraged without an expressly recognized right to environment.
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Pereira, Terto Neto Ulisses. "Protecting human rights defenders in Brazil : a legal and socio-political analysis of the Brazilian Programme for the Protection of Human Rights Defenders." Thesis, University of Aberdeen, 2016. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=228614.
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I show in this thesis, first, that the creation of the Brazilian Program for the Protection of Human Rights Defenders (PPDDH) in 2004 was the result of pressure from national and transnational civil society on the Brazilian government to address the targeting of peasant leaders and other activists who, it was argued, should be understood as human rights defenders, and offered special protection as such. Second, I show on the basis of interviews conducted with protected human rights defenders, civil society and state officials, that the programme has provided protection and support to a small but significant number of activists in some areas of the country. Third, most interviewees also pointed to the PPDDH's potential to make broader contributions to the advance of human rights in Brazil, by bolstering human rights activism, empowering organised civil society, redressing the balance of power between dominant and dominated, and changing the workings of the Brazilian State. Finally, however, they indicated the serious shortcomings of the programme such as limited budget and lack of resources, PPDDH's dependence on other actors to provide the protection for human rights defenders, and lack of dedicated legislative framework. These shortcomings reflect a lack of political will to provide sufficient resources as well as a sufficiently robust legal framework for the programme. I end by arguing that organised civil society must build up the necessary political will to demand that the State resource the PPDDH fully and effectively in order for that programme to realise its potential.
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C¸oban, Ali Riza. "Protection of property rights within the European Convention on Human Rights." Thesis, University of Leeds, 2002. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.680368.
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Olivetti, Alfred M. "Protecting property rights in America." Morgantown, W. Va. : [West Virginia University Libraries], 1999. http://etd.wvu.edu/templates/showETD.cfm?recnum=770.
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Thesis (Ph. D.)--West Virginia University, 1999.Title from document title page. Document formatted into pages; contains vi, 187 p. : ill. (some col.), map Includes abstract. Includes bibliographical references (p. 166-176).
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Pils, Eva Maria. "Rights protection and justice in contemporary China." Thesis, University College London (University of London), 2005. http://discovery.ucl.ac.uk/1444669/.
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This thesis examines practices of dispute resolution and conceptions of justice internal to China, in order to understand the potential role of rights in the Chinese legal system. While rights assertion, defence and protection can only occur alongside dispute resolution practices already entrenched in China, they could also transform these Chinese practices, by encouraging a more tolerant attitude to public disagreement in dispute resolution. A tradition of authoritarian supervision and control of officials is currently weakening the ability of Chinese courts to protect rights and to conduct principled argument about justice. Chinese culture has partly accommodated this supervisionist tradition by the practices of remonstration with government, and mediation of civil and other disputes. But these latter practices also support attitudes opposing injustice and unjustified rule. It is argued that rights-assertive and empathetic attitudes are consistent and fundamentally connected. It may be right not to insist on what is due to oneself, and to seek conciliation. Yet when rights are asserted, they must be taken seriously. To take them seriously, sustained public disagreement about law and justice must be allowed. As Chinese people are now increasingly rights-assertive, courts more often oppose the supervisionist tradition, by engaging in controversial legal argument and occasionally by adjudicating on the basis of constitutional rights and principles. This could help to correct some of the injustices done to the large and growing Chinese underclass, especially as remonstration mechanisms are failing. The Chinese example supports the conclusion that legal systems in transition are not best served by a 'thin' version of rule of law, but instead need a strong constitutional legal practice. This illustrates that law should not be defined by its claim to authority but by its function to serve justice.
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Kariyawasam, Kanchana. "Moral rights protection in a copyright system /." [St. Lucia, Qld.], 2001. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe16318.pdf.
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Weston, Mindy. "The Right to Be Forgotten: Analyzing Conflicts Between Free Expression and Privacy Rights." BYU ScholarsArchive, 2017. https://scholarsarchive.byu.edu/etd/6453.
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As modern technology continues to affect civilization, the issue of electronic rights grows in a global conversation. The right to be forgotten is a data protection regulation specific to the European Union but its consequences are creating an international stir in the fields of mass communication and law. Freedom of expression and privacy rights are both founding values of the United States which are protected by constitutional amendments written before the internet also changed those fields. In a study that analyzes the legal process of when these two fundamental values collide, this research offers insight into both personal and judicial views of informational priority. This thesis conducts a legal analysis of cases that cite the infamous precedents of Melvin v. Reid and Sidis v. F-R Pub. Corp., to examine the factors on which U.S. courts of law determinewhether freedom or privacy rules.
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Brazhnyk, N., and W. Wieslaw. "Human rights and environmental protection in what way(s) can the right to economic and social development collide with the right to a healthy environment?" Thesis, Sumy State University, 2015. http://essuir.sumdu.edu.ua/handle/123456789/42360.
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Human rights frequently collide and intertwine. Therefore, in this paper we consider the way the collision of human rights to economic development and human rights to a healthy environment. This essay will argue that the right to a healthy environment and right to economic development can be compatible, but this requires sustainability of society, economy, and politics. Before we will know in what ways these rights may collide, we will look at what those rights are guaranteed, after let us examine the examples of how these rights can harm each other or exist peacefully with each other.
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Nwagu, Chinedu Yves. "Counter-Terrorism and human rights protection in Uganda : preventing wrongs without violating rights." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12573.
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Critically analyzes the existing legal framework for counter terrorism
in Uganda and draws from relevant regional and international instruments related to the
topic. In conducting this analysis, the author assesses the conformity of the antiterrorism
legislation in Uganda in comparison with relevant African states. Uses regional and international counter terrorism frameworks. Also examines the human
rights implications of practically enforcing these legislations. Lastly, the author compares international and regional human rights standards and best practices in combating terrorism in other
parts of the world.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 Henry Onoria, Faculty of Law, Makerere University, Kampala, Uganda.
LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Pare, Mona-Christine. "Street children's right to education : the failure of international law in protecting the rights of a vulnerable group." Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1663.
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This thesis studies the role of international law in protecting the rights of marginalized groups and examines the case of street children as a group whose rights are not adequately protected. It argues that the omission of a reference to street children in international law is a contributing factor to the systematic violation of street children's rights. This discussion examines the concept of group and the meaning of group status in international human rights law. It links the notion of a "vulnerable group" to discrimination and discusses the required special measures and attention in applying the principle of non-discrimination. To illustrate this, the example of the right to education is employed to demonstrate the difficulty in applying international human rights law as it currently stands to street children. The right to education serves to illuminate the discrimination against street children and provides concrete meaning to the application of the principle of non-discrimination to specific groups. Therefore, the thesis examines the international rights of the child and all relevant binding and non-binding instruments to explain how particular provisions and principles may, constructively or adversely, affect the implementation of street children's right to education. The study finds that notwithstanding the apparent inadequacy of international law, relevant provisions have not been used optimally. An examination of the case study of Brazil confirms this, while underscoring the difficulty in linking norms and practice nationally and internationally. The discussion concludes that international law has the potential to better protect street children's right to education. By extension, the practical applications thereof extend to the rights of other groups that are not expressly covered at present. The key to this lies in exploring the role of human rights mechanism in teleologically interpreting human rights norms to determine, and monitor, state obligations towards specific groups.
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Sandin, Cimona. "The Protection of children : the right to family right and how they can conflict." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-27214.
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Abstract This paper examines the right to family life and how it can conflict with the child’s right to protection against harm. The paper examines how the international community views the family and what rights the family has in international law. In addition to this, the paper also looks at the different family structure a family can have and it also examine whether there are a universal definition of family. Furthermore, the paper also talks about the children and the rights afforded to them and how the rights has developed through time. The concept of childhood is a much-debated issue. There have been debates on when the childhood begins but also on when it ends and the views of the States differs somewhat. Childhood is a concept that is heavy with different psychological, physical, religious and cultural believes and practices. When the States was working on the Convention on the Rights of the Child they had to try to consolidate the different views on both the beginning and the end of childhood but it proved to be problematic. To say that the childhood began at conception would have made the convention incompatible with the national law that allows abortion and it could therefore risk that some States did not sign the convention. They therefore made a compromise that meant that the States could keep their own definition on the beginning of childhood. The family as well as the well-being of the child is important and this is reflects in international law. This paper therefore also examines the articles in international and regional treaties concerning the family and the protection of the child. It also examines several cases from the European Court of Human Rights to illustrate how the Court has reasoned in cases where rights of the parents has been in conflict with the children’s rights and best interest. The conclusion drawn from this paper is that no set of rights weigh more than the other. They are both very important and if it is possible, the authorities shall try to balance them with each other. They have to have both what would be best for the child and the parents right to family life in mind. Even if the authorities have to remove a child from the parents care they need to have a reunification of the family as a ultimate goal to work towards.
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Xu, Xiaofei. "International protection of civil rights versus state sovereignty." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6603.
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Hwacha-Chitanda, Virginia Shingairai. "International protection of refugees, a human rights perspective." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ35064.pdf.
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Balasubramaniam, Usha. "Passengers' protection and rights in international civil aviation." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112598.
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Air transport is of critical importance to move passengers and cargo from one place to another on a global scale. Subsistence, sustenance, growth and profitability of the air transport industry are dependent on the demand for transport from passengers and cargo as the main sources of revenue of the airline industry. The forces of globalization and liberalization, coupled with the very rapid development of low-cost operators, have tempered the growth and profitability of the aviation industry whilst, at the same time, greatly increasing the consumer (passenger and air freight user) advantages in terms of expanding the gamut of their choices, better quality and lower prices. The ever-expanding markets in the Asia and Pacific region hold great promise for a rapid growth of the aviation industry in years to come.Currently, the international civil aviation community is faced with many challenges evolving from globalization, liberalization of economic regulations, privatization of airlines and airports, commercialization of government services providers, increasing environmental controls, and the emerge of new technologies. To deal effectively with these challenges and issues will require a high level of cooperation among civil aviation authorities, airlines, airports, and providers of air services and products. Airlines under the new free trade regimes have been exposed to many changes and although GATS has an important role to play in this important field, the convergence of economic, safety, security and environmental issues makes a strong case for keeping regulation in these critical issues under the ICAO aviation umbrella.
As air transport experiences structural, policy and regulatory environment changes, in the era of free trade it would be interesting to critically examine the impact of the aforementioned changes on the rights and protection of passengers. In this relation, it becomes very important to review the international, regional, and national efforts which have been made to enhance consumer protection and also have an important bearing on the rights of airline passengers. The thesis also addresses some emerging, non-traditional consumer protection issues, such as health, racial discrimination and the rights of disabled passengers.
In view of the above, the well-developed consumer protection regimes in the United States and the European Union (EU) would be examined in depth and the results of its analysis would be used to develop a suitable model airline passenger protection in the rapidly expending economies of the Asia and Pacific Region.
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West, Thomas Ernest Riversdale Barker. "Human and nonhuman rights approaches to environmental protection." Thesis, University of Nottingham, 2017. http://eprints.nottingham.ac.uk/43241/.
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This thesis is concerned with the legal theory behind environmental rights. There are a number of different approaches that deploy rights as a mechanism to bring about environmental protection within international law, all of which can be termed ‘environmental rights’. These include a human right to a healthy environment and procedural environmental rights. But there are also theories that support a more innovative or extensive use of legal rights for protecting the natural world. Notably, many of these theories concern the introduction of nonhuman rights (animal rights or rights of nature). This thesis investigates the theory behind and the practical structure of these various approaches, as well as analysing the very concept of ‘rights’. The original contribution to knowledge is threefold. I present a case for a human right to a healthy environment to be defined broadly: measured according to human and ecosystem health, and conceived as a right of both individuals and peoples; I rigorously apply both Interest Theory and Hohfeld’s analysis of rights to human rights and thus construct a clear model for the structure of the sort of rights found in human rights (termed ‘vital rights’); and I extend the philosophical theory behind human rights (and in particular the concept of dignity) towards the growing field of rights of nature. Considered holistically, the thesis presents and suggests modes of thinking that seek to soften the divide between humanity and nature. This is done through a consideration of lived experience as always already ecologically embedded. As a result, the subject of vital rights (human rights included) should be understood as ecologically embedded living beings, opening the door to both nonhuman rights and new fields for human rights.
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Kabau, Tom Maina. "Forceful intervention for human rights protection in Africa: resolving systemic dilemmas in theimplementation of the African Union's right of intervention." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B50533988.
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This thesis examines the legal and political dilemmas in the implementation of the African Union’s (AU) ‘right’ of forceful intervention through a systemic method of analysis. It first addresses the question of whether the AU’s intervention system represents a paradigm shift in international law on intervention and the authorization role of the United Nations. It examines whether there is a justifiable basis for the implementation of the AU’s intervention mandate outside the UN system, while taking into account the necessity of the international rule of law. It then analyzes the manner in which the failure to institutionalize the concept of sovereignty as responsibility within the AU system has contributed to the Union’s failure to implement its intervention mandate even within the UN system.
The AU’s legal framework expressly grants the Union the mandate to forcefully intervene in a member state in situations of genocide, crimes against humanity and war crimes. However, the failure of the AU’s legal framework to explicitly require authorization by the Security Council for intervention (as required by the UN Charter) has led to uncertainty on the envisaged implementation mechanism, including allegations of its inconsistency with the UN Charter and international law. The Security Council may, however, be ineffective in granting authorization due to the use of the veto. There is, therefore, the question of whether the AU’s legal framework exemplifies the crystallization of a customary law permitting humanitarian intervention, or is consensual (since African states have agreed by treaty to such intervention) and consequently, Security Council authorization is not mandatory.
The core argument of this thesis is that although the necessity for the international rule of law restricts African Union’s forceful interventions to United Nations authorized enforcement action, robust intervention by the Union within that framework is compromised by a systemic failure of institutionalization of the concept of sovereignty as responsibility.
This thesis recommends that for robust implementation of the African Union’s intervention mandate within the UN system, alternative authorization from the General Assembly be sought where the Security Council is ineffective. However, implementation of the AU’s intervention mandate within the UN framework is compromised by continued concerns of protecting traditional concepts of unfettered sovereignty. This is evident in non-intervention oriented clauses within the AU’s legal framework (which negate the intervention mandate) and the Union’s practice of opposing forceful interventions like in the case of Libya. Possible solutions to that predicament are examined.
A systemic method of analysis is utilized in this thesis since there is an interaction of various legal norms within the AU system, in addition to the system’s interaction with environmental factors such as politics and increasing global interdependence, while it is also subject to the UN and international law systems. The significance of the research is in identifying legal, policy and contextual factors that can transform the AU into an effective regional mechanism for institutionalization of the rule of law within the African region (by deterring gross human rights violations) while safeguarding the values of the international rule of law.published_or_final_version
Law
Doctoral
Doctor of Philosophy
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Sadeghi, Soraya <1995>. "Protecting Human Rights Defenders under International Law." Master's Degree Thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/17750.
Full textAbstract:
The main aim of this thesis is to analyse how international instruments and their corresponding mechanisms support and protect Human Rights Defenders and to which extent this support is useful. Human Rights Defenders have always faced difficulties due to their operate that is essential to promote and implement democracy and human rights. After a detailed introduction in which they are described the categories most at risk of HRDs, the first chapter is based on the crucial moment of the adoption of the 1998 UN Declaration on Human Rights Defenders and the consequent role of the UN Special Rapporteur. In the second chapter they are analysed the different regional mechanisms that the various human rights organizations in America, Africa and Europe have adopted to protect HRDs and how they have changed over time. Lastly, in the third chapter it has been made a comparison between the most influential cases about human rights defenders that have been submitted before the European Court of Human Rights and the Inter-America Court of Human Rights.
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Dube, Angelo Buhle. "Protection of the rights of persons living with disabilities under the African human rights system." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5441.
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The purpose of this work is to examine the nature or form of disability rights, and whether the African regional human rights system adequately protects them. In other words, the study tries to understand whether the current appalling status of people living with disabilities can be blamed on normative paucity of the African human rights system. The author will therefore comb the African human rights instruments to determine this, and based on the findings, will assess the propriety or
otherwise of adopting a disability specific instrument for the continent and recommend accordingly.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
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 Christine Dowuona-Hammond Faculty of Law, University of Ghana, Legon Accra.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Swart, Sarah Jean. "Unaccompanied minor refugees and the protection of their socio-economic rights under human rights law." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8093.
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The main objective of this study is to investigate the practical treatment of Unaccompanied Minor Refugees (UMR) in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children.
The study will focus on the realisation of children’s socio-economic rights in order to measure treatment. This study also seeks to address the obstacles which prevent the full and proper treatment of UMR, and to make recommendations as to how the international community can better regulate the treatment of UMR. In essence, this paper aims to investigate whether there is a discrepancy between the rights of child refugees acknowledged in international law and the situation of UMR in practice, and, if so, how this can be remedied. This paper seeks to show, through the case studies of Ghana and South Africa, that UMR are, to a certain extent, lost in the systemA Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr E.Y. Benneh of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
31
Sychenko, Elena. "The European convention on human rights as a tool of protection of individual labour rights." Doctoral thesis, Università di Catania, 2016. http://hdl.handle.net/10761/4063.
Full textAbstract:
The thesis explores how individual labour rights have been referred to in the human rights jurisprudence of the European Court of Human Rights (ECtHR). The research in this paper is based on the analysis of 334 cases, considered by the Strasburg bodies in the last 43 years (from 1963 until September 2015). In particular the paper investigates the contributions of the ECtHR to the antidiscrimination protection in employment relations, employee s privacy protection, protection from unfair dismissal and to the occupational safety matters. The author traces the historical development of the legal positions of the ECtHR in respect of protection of employee s freedom of religion, expression and association.
The thesis provides evidence of the applicability of the ECHR to the protection of both private and public employees and points out the positive obligations of the states, elaborated by the ECtHR in relevant case law.
The research of the possible implications of the living character of the European Convention on Human rights for the protection of individual labour rights demonstrates its theoretical applicability for the protection of the right to fair wage and for the protection of employees from psychosocial risks at work.
A specific consideration is paid to the analysis of the impact of the ECtHR s legal positions upon Russia and some other ex-soviet states.
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Davidov, Guy. "Judicial deference and the constitutional protection of human rights." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0007/MQ40986.pdf.
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Bexell, Magdalena. "Exploring responsibility : public and private in human rights protection /." Lund : Dep. of Political Science, Lund Univ, 2005. http://www.gbv.de/dms/sub-hamburg/50338710X.pdf.
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Niwa, Sumiko. "Essays on Intellectual Property Rights Protection and Economic Growth." Kyoto University, 2018. http://hdl.handle.net/2433/232210.
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Stehlík, V. "EU human rights protection under the Treaty of Lisbon." Thesis, Ukrainian Academy of Banking of the National Bank of Ukraine, 2009. http://essuir.sumdu.edu.ua/handle/123456789/60647.
Full textAbstract:
The aim of my paper is to show the recent proposed changes of human rights protection in the EU based on the Treaty of Lisbon (further referred as “TL”). The TL is the last reform of the EU primary law and its ratification process in all EU Member States has been finalised in November 2009. The paper will focus both on the outline of the present state of human rights protection in the EU from the historical perspective and changes brought by the TL.
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Foquiço, Cláudio Castigo. "Trade liberalisation and human rights protection under the SADC." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12575.
Full textAbstract:
Investigates how the SADC achieves trade
liberalisation and ensure human rights protection in SADC at the same time. Discusses how the right–based approach on trade can successfully be used as a tool for
the advancement of human rights in the SADC context.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 Fredrick Jjuuko, Faculty of Law, Makerere University, Kampala, Uganda.
LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
37
O'Neill, P. B. "Moral rights in Australia : the case for legislative protection." Thesis, Queensland University of Technology, 1997. https://eprints.qut.edu.au/36895/1/36895_O%27Neill_1997.pdf.
Full textAbstract:
'Moral rights' should not be thought of as a system of ethical or moral principles, rather, they are personal rights of the author of a literary, artistic, musical or like work which proponents of moral rights protection argue arise from the intimate bond between the author of such a work and the work itself. Focus in the common law countries has always been on the economic rights associated with a copyright work and how those economic rights could be best protected and exploited by the copyright owner: 'The common law, however, has always placed more emphasis on the preservation of property interests than on some intangible concept like personality rights which are difficult to calculate in economic terms. The common law has always been more utilitarian and pragmatic in nature than its European counterparts. The legal rights of individuals are protected negatively - that is, you have a compensatory remedy rather than rights per se. ' 1
Within the Australian legal system the economic rights are the exclusive rights contained in section 31 of the Copyright Act 1968 (Cth) and include the right to reproduce the work, publish the work, make a broadcast, make an adaptation of the work (among others). The focus on economic rights is reflected in the ultimate form which the Copyright Act has taken in Australia. That is, the Act affords substantial opportunities to the copyright owner to exploit the work with concomitant protection of those economic or pecuniary rights. By contrast, however, there is minimal protection offered to any moral or personal rights that the original creator of the work may claim to possess.
For many moral rights advocates, the call for legislative protection of moral rights has been premised on the basis that a balance between economic rights and moral rights does not currently exist within the copyright field. The opponents of legislative protection allege that the introduction of moral rights would unduly upset the current system, posing threatening implications for investors in the culture industries. 2 This is the environment in Australia in which the moral rights debate has developed. Initially moral rights were seen as being essentially a foreign or alien concept to the system of copyright law in Australia. The past twenty years has seen an increasing focus upon moral rights by the artistic industries, legal academics, the Copyright Law Review Committee and various government bodies.
Moral rights have been given some form of recognition and protection in over sixty countries in the world. Even the well-spring of Australian law, that being the English legal system, has enacted legislation which not only recognises moral rights but provides protection for these rights. In addition, other countries with a common law heritage such as Canada, New Zealand, India, South Africa and Nigeria have similarly enacted some form of protection for moral rights.3 Despite this, Australia since becoming a member State of the Berne Convention in 1928 has consistently refused to enact laws which specifically recognise moral rights and provide legislative protection for these rights. Despite the change in views of countries such as New Zealand4 and the United Kingdom5 , Australia has remained somewhat isolationist in its persistence in refusing to provide specific protection for moral rights. It appears, however, that the winds of change have been gaining increasing force in Australia, particularly within the last five years.
This dissertation will define and analyse the concept of 'moral rights'. The nature of moral rights, including the rights of attribution, the right of integrity, the right of divulgation (disclosure) and the right of withdrawal, will be considered. The history of the moral rights debate in Australia will be discussed including Australia's obligations as a member of the Berne Convention for the Protection of Literary and Artistic Works ("the Berne Convention") will be considered. The experience of other common law jurisdictions in recognising moral rights and the means adopted to protect moral rights and the efficacy of the means of protection selected will also be examined.
This paper will focus upon the question whether moral rights are sufficiently protected within the Australian legal system by the present framework of various common law causes of action and statutory provisions contained in the Copyright Act 1968 (Cth) and the Trade Practices Act 1974 (Cth) and the various State Fair Trading Acts.6 The case for and against greater recognition and protection of moral rights will be examined. In 1994 the AttorneyGeneral's Department published a discussion paper which recommended the introduction of specific moral rights protection in Australia via amendments to the Copyright Act 1968
(Cth).7 The recommendations of the Discussion Paper will be considered as will recent developments in the moral rights debate in Australia.
This paper concludes that there has been insufficient recognition and protection of moral rights within the Australian legal system. The combination of common law causes of action and statutory provisions in the Australian legal system, in the absence of specific legislative provisions protecting moral rights, are not sufficient to comply with Australia's treaty obligations under Article 6bis of the Berne Convention. There is an unmet need for greater recognition and protection of moral rights within the Australian legal system and this paper recommends this occur via amendments to the Copyright Act 1968 (Cth) to incorporate specific provisions protecting moral rights.
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ABUHATTAB, Asmaa. "Criminal Protection of Women’s Rights against Violence in Palestine." Doctoral thesis, Università degli Studi di Palermo, 2020. http://hdl.handle.net/10447/470538.
Full textAbstract:
Le donne palestinesi affrontano enormi sfide rispetto al godimento dei propri diritti, a causa di un sistema legale e culturale prevalente a livello regionale il quale permette la violazione dei diritti delle donne, incoraggia la violenza contro di loro, e le priva del diritto alla giustizia, specialmente in assenza di un sistema legislative nazionale omogeneo che possa proteggere i loro diritti. Ciò costituisce una rilevante contraddizione rispetto agli obblighi internazionali imposti dalla ‘Convenzione sull’elimination di tutte le forme di discriminazione control le donne (CEDAW), di cui la Palestina è firmataria.
Pertanto, questa ricerca mira a identificare le carenze, a livello penale e procedurale, rispetto alla protezione dei diritti delle donne e alla violenza che subiscono. La tesi prende in considerazione mezzi di emancipazione politica ed economica per le donne basandosi sui meccanismi internazionali di protezione delle donne dalla violenza. Infine, la presenti tesi si pone l’obiettivo di evidenziare come l’armonizzazione della legislazione palestinese con questi meccanismi sia possible e di vitale importanza. L’obiettivo finale di questa tesi è di promuovere lo status delle donne palestinesi, la giustizia, e l’uguaglianza.
Il primo capitolo prende in considerazione la protezione giuridica del ‘diritto alla vita, all’integrità fisica, e alla libertà sessuale’. Il capitolo analizza le disposizioni normative che proteggono questo diritto e mostra le carenze del sistema giuridico nel proteggere le donne contro le discriminazioni ed, in particolare, control la violenza contro le donne, come richiesto dalle convenzioni internazionali sui diritti umani.
Il secondo capitolo analizza gli ostacoli e le sfide giuridiche che limitano la capacità delle donne vittime di violenza di avere accesso alla giustizia e al sistema giuridico. Ciò viene approfondito attraverso un esame di pratiche guridiche negative come la detenzione amministrativa in ‘luoghi sicuri’, e le restrizioni giuridiche legate alla denuncia. Inoltre, questo capitolo analizza il sistema giuridico rispetto al problema della violenza contro le donne, il modo in cui affrontano casi di donne vittime di violenza, e la loro adesione alle leggi internazionali sui diritti umani.
Le misure per il rafforzamento e la protezione giuridica dei diritti delle donne vittime di violenza sono discusse nel terzo ed ultimo capitolo. Questo tema viene analizzato attraverso l’adozione di mecchanismi per l’emancipazione giuridica delle donne al fine di creare un’armonia tra le leggi nazionali e gli standard internazionali sui diritti umani e la CEDAW. Il capitol la possibilità e gli ostacoli nell adottare un’apposita legge volta a contrastare la violenza contro le donne, tanto quanto le modalità di risarcimento per le vittime. La tesi non trascura altri aspetti dell’emancipazione femminile.
In particolare, la ricerca analizza l'emancipazione politica delle donne attraverso la loro partecipazione al voto, tanto quanto alla loro partecipazione attiva in politica e al processo decisionale. Inoltre, l'emancipazione economica delle donne si ottiene garantendo loro il diritto all'eredità, al lavoro, e ai fondi comuni sulla base della parità con gli uomini, in modo tale da fornire alle donne le armi necessarie per affrontare ed eliminare la violenza.Abstract Palestinian women face enormous challenges in terms of enjoying and exercising human rights, as a result of the legal and cultural heritage prevailing in the region that permits the violation of women's rights, encourages violence against them, and deprives them of their right to access justice, especially in the absence of a homogeneous national legislative system that protects the rights of women as human rights. This constitutes a fundamental contradiction to the international obligations imposed on Palestine as a state party to the Convention on the Elimination of All Forms of Discrimination Against Women "CEDAW". Therefore, the present thesis aims to identify the deficiencies in the field of the substantive and procedural criminal protection of Palestinian women's rights in the face of violence, to inform the means of economic and political empowerment of women, to refer to international mechanisms in the face of violence against women, and to harmonize Palestinian legislation for these mechanisms. This is done in order to advance the status of Palestinian women and achieve justice and equality. Chapter One discusses the extent of the criminal protection of women's right to life, physical integrity, and sexual freedom, by analyzing and criticizing the legal provisions that protect these rights in order to show their deficiencies in discrimination against women on the basis of sex, and the deficiencies in ensuring the full protection of women against violence as required by international human rights conventions and charters. Chapter Two discusses the legal and factual obstacles and challenges that limit the abilities of women who are victims of violence to access justice. This is done by highlighting negative practices related to administrative arrest and detention in safe houses, and the legal restrictions and gaps related to the complaint. In addition, it focuses on the position of the criminal justice agencies on cases of violence against women, the way they deal with battered women and their complaints, and their adherence to the laws and respect for human rights standards. Measures to strengthen the criminal protection of women's rights in the face of violence are discussed in Chapter Three the last chapter. This is done by adopting mechanisms for the legal empowerment of women in order to achieve harmony with international human rights standards, and to achieve legislative harmonization with CEDAW, through discussing the rationale of enacting a law to combat violence against women and the obstacles to the adoption of the law to date, and ways to achieve redress for victims. Other aspects of women empowerment are not neglected. In particular, the political empowerment of women is discussed by focusing on ensuring their participation in voting, running in elections, and highlighting the importance of their participation in decision-making. In addition, the economic empowerment of women is achieved by ensuring their right to inheritance, work, and joint funds on an equal basis with men to equip women with the weapons necessary to confront and eliminate violence.
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Kuosmanen, Jaakko Niilo. "Right to asylum and its protection." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6454.
Full textAbstract:
The topic of this thesis is justice and asylum. The central argument in the thesis is that citizens of all states have a moral right that entitles them to asylum in certain circumstances of deprivation. The right to asylum can be understood as a general derivative right, and it is grounded in the more fundamental entitlement to basic needs. More specifically, I argue that all persons whose basic needs are insufficiently protected in their home states have the right to asylum when they cannot be assisted with other remedial instruments by the international community within a reasonable timeframe. By using the right to asylum as a normative evaluative standard, I also argue that the existing refugee protective institutions are morally unsatisfactory, and that a 'moral refugee regime' should be established to replace the current protective institutions. Then the questions becomes, what specific form these institutions should take. In the thesis I focus primarily on one institutional proposal, 'the tradable quota scheme', and its ethical dimensions. I defend the tradable quota scheme against several lines of criticism, and suggest that the scheme constitutes a normatively viable alternative for the existing institutional framework. Finally, I examine obligations in the protection of the right to asylum in circumstances of partial compliance. I conclude that the citizens of complying states have the obligation to 'pick up the slack' and assist those bearers of the right to asylum who are unjustly denied assistance by the non-complying states.
40
Sargeant, Malcolm. "Implementation of the Acquired Rights Directive." Thesis, Middlesex University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.337841.
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Cambridge, Paul. "Promoting rights and protecting vulnerabilities and people with learning disabilities : developing evidence based practice and policy in sexuality and adult protection." Thesis, University of Kent, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.596084.
Full textAbstract:
This thesis examines components of my research and published work in sexuality and adult protection and the connections between them in the context of policy, management and practice in services and support for people with learning disabilities. The first section of my thesis on sexuality focuses on HIV, homosexuality and the sexuality of men with learning disabilities. Using a mix of quantitative research and interpretative analysis I examine HIV risk management in services for people with learning disabilities, finding a lack visibility and recognition for the needs and experiences of men with learning disabilities who have sex with men. The accounts and exhibits provided also chart the development of specialist sex and safer-sex educational resources designed to address this neglect, with my wider work on the development and implementation of sexuality policy used to contextualise and generalise applied learning. Hidden issues such as sexuality in the provision of intimate and personal care are also exposed and a rights based approach to supporting the sexual fetish of men with learning disabilities is articulated. This body of work served to · strengthen policy, service management and practice in services for people with learning disabilities by drawing on Queer theory and a radical political discourse on sexuality, masculinity and homosexuality. The second section of my thesis focuses on adult protection and learning disability. I use qualitative data from an inquiry into the abuse of people with learning disabilities to construct a theoretical framework which articulates the characteristics of an abusive culture, strengthening our understanding of the aetiology of abuse in community settings. This is interpreted in the context of theory and practice, including recommendations for service commissioning and providing.
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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.
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Straub, Karsta. ""Public health vs. human rights? : a human rights approach to non-smoker protection in Hong Kong" /." Thesis, View the Table of Contents & Abstract, 2006. http://sunzi.lib.hku.hk/hkuto/record/B38852093.
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Huang, Xin-Wen, and 黃馨雯. "Horizontal Effect of Fundamental Rights—Perspectives based on minority protections." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/jppgpc.
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碩士國立臺灣大學
法律學研究所
107
Traditionally, fundamental rights apply only in the public sphere but not in the private sphere. Yet, violations committed in the private sphere are gradually serious and arouse the awareness in recent years. Can claims alleging violations of fundamental rights based directly on the Constitution be permitted? Fundamental rights imply the state duties to protect the disadvantage, but legislators might fail to take legislative measures to prevent the violation of fundamental rights committed in the private sphere due to monetary politics, majority rule (in consideration of votes), legislation inaction, ending up failure or inadequacy to implement legislative measures to protect fundamental rights. Can individual alleges violations of fundamental rights based directly on the Constitution when the vertical effect of fundamental rights (state duties to protect the disadvantage) cannot be fulfilled? This study will introduce the applicable models of horizontal effect of fundamental rights in the U.S., Germany, Ireland, South African, and Spain, and consider the application of such effect as weighing of values of fundamental rights, autonomy of private law, separation of powers, and rule of law (legal certainty). The study firstly responds that horizontal effect of fundamental rights will not jeopardize the principle of autonomy of private law. Then, it considers that indirect horizontal effect and direct horizontal effect of fundamental rights should be adopted based on the applicable models in Germany and Ireland. The study also proposes several policies to reduce violations to the values of separation of powers and rule of law. Finally, the study will organize practical cases in our country, point out the resolvable and unresolvable issues in the universal opinion of our country after applying overseas cases to the law of our country, and propose several suggestions: which are to enhance the application of indirect horizontal effect of fundamental rights and to acknowledge direct horizontal effect of fundamental rights.
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Hsu, Huei-Jing, and 許惠菁. "The Model of Animal Protections In Constitution:From the Perspective of Rights." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/60263290479184666916.
Full textAbstract:
碩士國立臺灣大學
法律學研究所
96
Since 1970, the issue of animal protection is highly noticed and concerned through national wide. In philosophy, we have certain consensus that animals are not machines and they should deserve certain moral rights. In legislation regulation, there are more and more regulations about animals. Moreover, scholars even try to argue that animals should have legal rights to protect themselves. Although I agree that argument, I think the aspect of rights should be refined in some way. To deal the issue of animal protection, we should exam the attitude of the whole society and our legal system. I find out that we people treat animals as “objects” or “property”. It is the unequal relationship that makes we human exploit animals so greatly. So I claim, not until we human get rid of the myth of specisim can we fairly and equally treat the interests of animals and the interests of human. Then I introduce theories of animal rights as the basis of the models which I propose. I think the argument of rights aspect should be put in the context of Constitution. Through the superiority of Constitution, it can avoid the situation “ prima facie of human rights” when there are some conflicts between the interests of animals and the interests of human beings. Also, I argue the aspects of rights should not be confined as the type of “human rights” we have discussed a lot in the past. It can be quite diverse. In order to equally concern the interests of animals and human beings and notice the difference between animals and human, I propose three models, such as the right model, the value model and the model of environmental right. Finally, to put my models into practice, I have to take the real cases into consideration. I find out the three types of model are compatible. They outline as an image of concentric circle. According to the progress of our social society and social consensus, the decision makers can be flexible to choose which one is the best to protect animals as wide as possible. As a result, although how animal protection in question is still a difficult issue, there is a workable model with consistent understanding of “animal rights” to be applied.
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"Human Rights Protections and the Private Sector: The Case Study of the Marlin Mine." Thesis, 2016. http://hdl.handle.net/10388/ETD-2016-02-2426.
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Human rights violations are becoming a matter of growing concern in areas where extractive industry development is occurring. The problem is especially acute in the Global South, particularly in Latin America where there has been a mining boom occurring since the late 1990s, and is leading to escalating conflicts between mines and the communities hosting them. Corporate social responsibility (CSR) has become an increasingly applied norm in the extractive industry in recent years as companies have faced growing criticisms regarding human rights violations. The thesis will examine one tool of CSR – a human rights impact assessment (HRIA) and examine the effectiveness of the HRIA conducted by Goldcorp to address the communities’ allegations of human rights violations at its Marlin mine in Guatemala.
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Chang, Shu-How, and 張書豪. "Protections for the Rights of Minor Shareholders under Tender Offer Rules in Our Country." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/00074220676421408285.
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碩士銘傳大學
法律學系碩士班
101
Due to highly liberalization and internationalization of the global economic market, there are more and more domestic and cross-national competitions among enterprises. Nowadays, all entrepreneurs try their best to stand out from the managing competitions. In order to achieve this goal, they commonly adopt strategic methods such as organization reforms, or strategic alliance with other enterprises. Among them, business combination is a strategic issue that they have to face, which makes business combination one of the most important trends and economic activities in the current capital markets. Three major rules of business combination, which are Financial Institution Combination Rules, Financial Institution and Business Combination Rules, have been made during 2000 to 2002 one after another, and have made amendments continually. Moreover, because there are many correlative amendments to the Enterprise Law to meet the requirements of the capital market, activities of domestic business combination or even cross-national business combination which were rare in the past now become popular with the liberalization of correlative rules. With great development of our technological industry, under the circumstances of changeable developments and global environment, an enterprise should try to adjust itself to the whole industry and meet the requirements, which will importantly help itself for long-term developments and business growth. While an enterprise makes business combination, it is very time-consuming and the results will influence the rights of many concerning parties. There are also lots of complicated and sophisticated procedures that need to be dealt with during the process. Take the combination of BENQ and the mobile department of SIEMENS AG in 2005 for example. The failure was claimed within a year, which caused great loss to the company and shareholders. In addition, when Carlyle Group acquired ET media, small shareholders regarded it as damage to their rights, and raised a lawsuit to the court. The court defined it as an unfair deal, and the company should compensate the shareholders. Last year, YAGEO Corp, the leading manufacturer of passive components cooperated with private equity fund KKR Investment to form Orion Investment Co, claimed to acquire YAGEO Corp at 16.1 NT dollars per share, with a total of 46.78 billion NT dollars. However, because 60% of the fund, approximately 28 billion NT dollars, was financed from banks, the Financial Examination Bureau offered evidence which showed worries about the capital market, rights of small shareholders, and information transparency to prove the weakening capital, and made the case denied by the Investment Commission Ministry of Economic Affairs. Seeing form the abovementioned cases, based on the aim of encouraging the enterprises to proceed combinations with other enterprise as a kind of organization adjustment and of promoting economic transformation and industrial development, it is also worth exploring if the Business Combination Rules in our country has sufficient capabilities to protect the rights of shareholders. Business combination has a great influence on the rights of shareholders. Although legitimately there are correlative protection institutions, there is still much to be improved, such as the example of damages to the rights of the shareholders. Under the current thinking and law designing frame of the separation of owners and managers, shareholders basically participate in none of the managing affairs and practical operation of decisions in an enterprise. However, shareholders are the ultimate bearers of managing results. In fact, shareholders usually uncoordinatedly lack information, and the shareholder meeting is usually controlled by big shareholders, which results in the situation that shareholders only have limited rights to make the final decision of the combination in the shareholder meeting. This thesis mainly explores the issue of protections for the rights of minor shareholders under the rules in our country. Firstly, it introduces the basic types of business combination, and then to explain the content of the rights of shareholders and the influences made by business combination on their rights. Later based on the designs of Tender Offer Rules and Compulsive Tender Offer Rules, it offers reflections and suggests systems that should be introduced, and then to give instructions and reviews on rules of protections for the rights of minor shareholders. It also analyzes the obligations and duties of directors and introduces business Judgment Rule. In addition, it introduces and reviews on the system of shareholder derivative suit, suggests adopting the system of direct claim of shareholder, and explains for the meanings of independent experts, purposes of establishment, and legitimate status. It additionally analyzes and reviews on the opinions proposed by independent experts, exposing range, and practical operations, as well as offers an introduction and analysis on the appraisal right. It suggested the appropriation of expanding appraisal right and the system of compulsive tender offer. The thesis ends with suggestions and a conclusion. In addition, the Ministry of Economy has already embarked on the renovation of Business Combination Rules, with highlights on simplification of combination process, the multiple projects of acquisition price and the limitation of divisions of correlative tax preference of the enterprise, and so on, which will be discussed in the conclusion part of this thesis. Activities of business combination play an important role in activation of the markets. Also, having appropriate organization adjustments to current economic situations can bring benefits for shareholders. Therefore, the designs of business combination rules cannot ignore the pursuit of economic efficiency and should take the conflicts and adjustments of the rights of the concerning parties into consideration as well, trying to strike a balance between them. As a result, business combination should seek economic efficiency and maintain justice and equality.
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Wang, Tian-Yi, and 王天怡. "Discussion on the Protections of Women’s Rights in Labor Law between Taiwan and Mainland China." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/485a88.
Full textAbstract:
碩士國立臺灣大學
法律學研究所
106
The issue of the protections of women''s rights and the practice of the concept of gender equality in right-to-work are important issues in labor law. Women are physically different from men due to congenital physiological reasons, therefore, there’s a huge gap between the genders. Besides, women need rest and recovery during the pregnancy duration, childbirth period, lactation period and menstrual period. For the above reasons, women and men in the labor market need to be treated distinctively. In order to protect women from gender discrimination in the workplace, labor laws require special protections for women''s rights and interests. Firstly, this thesis will discuss the regulations concerning the protections of women''s rights and interests in International Labour Organization and international conventions. It mainly discusses the historical evolution, specific regulations and development trends of the system for the special protections of women''s rights and interests, in order to realize the concept of gender equality in right-to-work in international laws. Secondly, it focuses on the issue of the protections of women''s rights and interests in labor law of Taiwan and mainland China, to study the current regulations and the effects of this issue under the current labor law system, and to concludes the different development trends in labor law between Taiwan and mainland China on this issue. Finally, this thesis evaluates the specific measures of protecting women''s rights and interests in the cross-strait labor law, finding out the problems of the relevant systems. Seeking for the protecting system that the cross-strait labor laws could learn from each other, and looking forward to giving legislative suggestions which highlight the concept of gender equality in right-to-work and the protections for women from the sex discriminations in workplace.
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LAI, HUNG CHUAN, and 賴宏銓. "Research on the Protections of Student’s rights to Physical Liberty in Taipei’s Junior High School─ starting with a checklist of Campus Administrative Measures." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/smz59p.
Full textAbstract:
碩士國立臺灣師範大學
公民教育與活動領導學系
96
Research on the Protections of Student’s rights to Physical Liberty in Taipei’s Junior High School─ starting with a checklist of Campus Administrative Measures Hung-Chuan Lai Abstract Nowadays school education (including management) has been transformed from the teacher-centered and authoritarian towards the student centered and democratic along with the progressive change of society and technology. Nevertheless, the conflicts of teacher’s power and student’s rights are constantly seen in campus, and need to be addressed in balance, to the effect that a good environment for student’s learning can be sustained. Three essential actions should be taken: firstly to reformulate the ideal relations between students and teachers, secondly to infuse the idea of human dignity of all into school management, and finally to set up a new standard of campus morality. Therefore, the right to physical liberty has to be introduced into the campus. The study aims to research on the protection of students’ rights to physical liberty in the campus of junior high schools in Taipei, and it will formulate a checklist of administrative measures in terms of students’ right to physical liberty. Five chapters are concluded in this study: First, ‘the Introduction’ indicates the background and purpose of the study, research questions, and the structure of the study. Second, ‘the Literature Review’ provides an inner view of the origin and concept of a right to physical liberty, in legal terms including both Taiwanese and some foreign laws, according to which a checklist of campus administrative measures can be formulated. Third, ‘the research method’ consists of a detailed account of the research procedures, instruments, database analysis and so on. Fourth, ‘the finding’ of the research is to give a picture of the right to physical liberty in junior high school campus in Taipei. Finally, ‘the conclusions and suggestions’ based on the results of chapter four are offered for the future development and research.
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Hsu, Tsui-Hua, and 許萃華. "Protections and Its Limitations of Persons with Disabilities’ Constitutional Rights to Access to Public Service Positions: Focus on the Examination System and Procedure." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/a8bkg6.
Full textAbstract:
碩士國立臺灣大學
法律學研究所
105
This dissertation starts with an analysis of the power of public service recruitment, and also try to compare the differences of the power of public service recruitment in Japan, American, and France. And then, I find that the power of public service recruitment in Taiwan is very different from those countries I just mentioned above. Namely, the power of public service recruitment in Taiwan was separated and shared by the Legislative Yuan and Examination Yuan, which result in the problems of using that power. I also try to analyze people’s rights to access to public service positions, inclusive of the relations between rights to take examination and rights to hold public service. And then, I also discuss about those factors that may be taken into consider when making a judicial review. I hold that if there’s a limitation on protections of rights to take examination, it must be a factor that threaten the examination system and procedure. If not so, there would be too many negative qualifications that don’t have reasonable standings to restrain people’s rights to take examinations. Second, I focus on the limitations on protections of rights to take examination that persons with disabilities faces in Taiwan. On one hand, I find that even in the examination only for people with disabilities to take, the protections are still very limited. Persons with disabilities get lower paid or lower level public service opportunities most of the time. On the other hand, in examinations not only for persons with disabilities, the examination system and procedure also has many regulations that restrict persons with disabilities from taking part in. Thus, I also try to review the constitutionality of those regulations.