Dissertations / Theses on the topic 'Rights and taxpayer freedoms'
To see the other types of publications on this topic, follow the link: Rights and taxpayer freedoms.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Rights and taxpayer freedoms.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Irzhavska, A. "Constitutional rights and freedoms of citizens in Ukraine." Thesis, Sumy State University, 2015. http://essuir.sumdu.edu.ua/handle/123456789/40403.
Abstract:
According to the current legislation of Ukraine, a citizen of
Ukraine, a foreigner, a stateless person and any other person has the
scope of rights and obligations determined by the Constitution of
Ukraine, the Civil Code of Ukraine, the existing legal acts of Ukraine
and international treaties.
2
Tan, Lucian. "Human Rights and Fundamental Freedoms in Athenian Oratory." Thesis, The University of Sydney, 2021. https://hdl.handle.net/2123/25382.
Abstract:
Human rights and fundamental freedoms are entitlements thought to be inherent to humans, shared equally by all and thought to exist beyond the authority of any human institution or structure. They are critical part of modern social and political discourse, describing the basic social conditions needed for human dignity, appealing to a shared understanding of both what it means to be a human, and what humanity ought to aspire to. However, the extent to which the language and discourse of human rights, fundamental freedoms and human dignity was utilised in Classical Athens remains unclear. The focus for human rights scholarship has been on modern formulations of human rights, while scholarship on Classical Athens has focussed attention primarily on human institutions and structures such as Athenian citizenship, to the exclusion of concepts of shared humanity and fundamental freedoms. This thesis applies modern human rights theory to Classical Athenian oratory to identify rights claims justified by language that describes such rights as inherent to the human condition and fundamental to human society. The language used in oratory is an important component of public discourse in Classical Athens, particularly in the way it sought to persuade listeners. Six rights and freedoms which invoke human rights justifications are identified: free and equal speech; personal security; self-defence, treatment according to law; fulfilment of oath and promised action; and possession of property. These rights and freedoms are shown to represent both discrete fundamental entitlements, but also a collective ideal of human freedom and equality. Human dignity in Athenian oratory is presented as life within a human society that enables each individual to live their best life, and the orators cast Athens as the benchmark in this regard. As such, these human rights were framed communally, so that the rights held by individuals worked to support the polis, rather than as a limit on state power. The framing of human dignity as a social structure rather than an individual endowment is also shown to raise issues in relation to entrenching the discrimination within the polis, which this thesis touches upon but which ultimately warrants further exploration.
3
Hawkshaw, Robert Stephen. "Tax information exchange and the erosion of taxpayer privacy rights." Thesis, University of British Columbia, 2014. http://hdl.handle.net/2429/48389.
Abstract:
The exchange of taxpayer information between revenue agencies has been increasing as a response to globalization and technological advances, which have allowed taxpayers more opportunities for tax avoidance and tax evasion. Tax information exchange allows revenue agencies to take advantage of these same advances. The legal framework through which the exchange of taxpayer information is implemented consists of modifications to existing tax conventions and special Tax Information Exchange Agreements. These tax treaties modify and override domestic privacy laws.
The Canadian income tax system operates within a regime of constitutional privacy protections and statutory privacy protections. A balance has been struck between the right to privacy and the State interest in obtaining personal information in order to administer and enforce the tax system. This thesis examines the information gathering powers of the Canada Revenue Agency and the limits on these powers. These powers are broad because taxpayers generally have a low expectation of privacy in their tax information. This thesis argues that the balance struck domestically is predicated on meaningful procedural protections and remedies and on taxpayer information not being shared with third parties.
This thesis then examines the tax treaty information exchange provisions and their interaction with Canadian law. This thesis argues that these provisions override domestic law without providing any meaningful procedural protections. This thesis concludes that information exchange in its current state is incompatible with the balance struck by the Courts between taxpayer privacy and the revenue authorities’ need for information.Law, Faculty of
Graduate
4
Миронець, Оксана Миколаївна. "The rights and freedoms under the Constitution of Ukraine." Thesis, Конституційний розвиток в Україні: історична ретроспектива та сучасні трансформації: Матеріали Всеукраїнської наукової конференції. М. Сєвєродонецьк, 21 травня 2015 р. / За ред. д.і.н., проф. Довжука І.В. – Сєвєродонецьк, СНУ ім. В.Даля, 2015. – 104 с, 2015. http://er.nau.edu.ua/handle/NAU/28467.
5
Hankivsky, Olena. "The interpretation of equality under the Charter of Rights and Freedoms." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq28488.pdf.
6
Lucchi, Nicola. "The role of Internet access in enabling individual’s rights and freedoms." Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Redovisning och Rättsvetenskap, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-21576.
Abstract:
The paper discusses the scientific and policy debate as to whether access to the Internet can be considered so fundamental for human interaction as to deserve a special legal protection. In particular, it examines the impact of computer-mediated communication on the realization of individual’s rights and freedoms as well as on democratization processes. It then considers how Internet content governance is posing regulatory issues directly related to the growing importance of an equitable access to digital information. In this regard, the paper looks at conflicts arising within the systems of rights and obligations attached to communication (and especially content provision) over the Internet. The paper finally concludes by identifying emerging tensions and drawing out the implications for the nature and definitions of rights (e.g. of communication and access, but also of intellectual property ownership) and for regulations and actions taken to protect, promote or qualify those rights. All these points are illustrated by a series of recent examples.
7
Rossall, Jonathan P. J. "The charter of rights and freedoms and the human rights statutes : an uneasy truce or a peaceful coexistence?" Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65353.
8
Bates, Edward. "The European Convention on Human Rights and Fundamental Freedoms 1950-2000 : the foundations to Europe's Bill of Rights." Thesis, University of Nottingham, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364446.
9
Wan, William Kok-Tang. "The impact of the Canadian Charter of Rights and Freedoms on religious freedom." Thesis, University of Ottawa (Canada), 1989. http://hdl.handle.net/10393/5720.
10
Lambert, Nicolas C. G. "The impact of the Charter of Rights and Freedoms on Canadian administrative law /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=85217.
Abstract:
The Canadian Charter of Rights and Freedoms can be interpreted in two ways regarding its relation with administrative law. First, as an alternative statutory remedy against government; second, as a general democratic mandate to reconsider the foundations of Canadian administrative law. Nevertheless, in spite of the entrenchment of the Charter, the former interpretation has prevailed. Indeed, since 1982, the Charter has developed as a distinct body of rights operating separately from administrative law remedies.The interpretation of the Charter as a distinct statutory remedy has caused problems in both the definition of administrative power under the Charter and in the judicial review of administrative action. First, the interpretation of the Charter as autonomous remedy has polarized the definition of administrative power insofar as administrative authorities can either apply or not apply the Charter. However, both solutions are extreme: administrative authorities are not superior courts; conversely, the notwithstanding clause set aside, the power to give effect to the Charter cannot validly be withdrawn. Second, at the judicial level, even though it is part of the Constitution, the Charter has been treated as an autonomous cause of action against government, thus distinct from inherent judicial powers. This has prompted a separate regime of judicial power under the Charter, and separate constitutional and administrative law standards of review.
However, the autonomy of the Charter and administrative law, at both administrative and judicial levels, is being reconciled through the integration of the Charter into the process of statutory interpretation, thus minimizing the distinction between "administrative law" and the "law of the Charter".
11
Gildenhuys, J. L. "An assessment of constitutional guarantees of religious rights and freedoms in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52662.
Abstract:
Thesis (LLD)--University of Stellenbosch, 2002.ENGLISH ABSTRACT: The central issue which is considered in this thesis is the meaning of the constitutional guarantees of religious rights and freedoms in South Africa. In other words, it is concerned with the functions of the state, through its laws or conduct, in respect of religion and with its relationship towards the institutional church or religious community. It is argued that religious freedom is, in fact, a bundle of rights and freedoms. The "essential rights and freedoms of religion" which constitute this "bundle" are identified in the context of the historical development of religious rights. It is shown that religious rights theories have developed in the West which include concepts of freedom of conscience, the right to freely exercise religion, accommodation of pluralism of a confessional and institutional nature, equality of all religions before the law, nondiscrimination on the grounds offaith, institutional separation of church and state and some separation of state (or law) and religion. It is maintained that no single principle could by itself guarantee religious freedom and that these rights and freedoms are mutually. supportive of and mutually subservient to the highest goal of guaranteeing religious freedom. These essential rights and freedoms are therefore treated as constituting minimum standards for the protection of religious freedom and it is argued that religious freedom as protected in the South African Constitution should be interpreted to incorporate these multiple principles. It is shown that, prior to the promulgation of the interim Constitution the essential rights and freedoms of religion were not adequately protected in South Africa and that the constitutional entrenchment of these essential religious rights was necessitated by various factors in the preconstitutional South African society. The position with regard to religious rights and freedoms in post-Constitutional South Africa is considered by briefly sketching the broader constitutional context and by assessing the constitutional clauses protecting religious rights to determine whether the essential rights are protected. The religious rights provisions in the Constitution are analysed in detail in order to determine how they should be interpreted and implemented to ensure adequate protection of the essential rights and freedoms of religion in South Africa.
AFRIKAANSE OPSOMMING: Die sentrale vraagstuk wat in hierdie proefskrif ondersoek word is die betekenis van godsdiensregte en vryhede wat in die Grondwet verskans word. Dit ondersoek die funksie van die staat, hetsy deur wetgewing of staatsoptrede, ten opsigte van godsdiens en ten opsigte van kerke of godsdiensgroepe. Daar word geargumenteer dat godsdiensregte inderdaad uit 'n aantal regte, oftewel, 'n bondel regte, bestaan. Die essensiële regte en vryhede van godsdiens wat hierdie bondelopmaak word geïdentifiseer met verwysing na die historiese ontwikkeling van godsdiensregte. Teorieë van godsdiensregte het in die Weste ontwikkel wat die volgende essensiële regte en vryhede insluit: vryheid van gewete, die reg om godsdiens vrylik te beoefen, akkommodasie van pluralisme, gelykheid van alle godsdienste en nie-diskriminasie op grond van godsdiens, institusionele skeiding van kerk en staat en gedeeltelike skeiding van staat en godsdiens. Die argument lui verder dat 'n enkele beginsel nie opsigself godsdiensvryheid kan waarborg nie en dat hierdie regte en vryhede mekaar wedersyds ondersteun en tesame die doel van godsdiensvryheid dien. Die essensiële regte en vryhede van godsdiens word daarom behandel as minimum standaarde vir die beskerming van godsdiensvryheid en daar word 'n saak uitgemaak dat godsdiensvryheid in die Suid-Afrikaanse Grondwet geïnterpreteer behoort te word as synde hierdie veelvuldige beginsels in te sluit. Die proefskriftoon dat die essensiele regte en vryhede nie voor die inwerkingtreding van die interim Grondwet in Suid-Afrika genoegsame beskerming geniet het nie en dat die konstitusionele verskansing daarvan deur verskeie faktore in die pre-konstitusionele Suid- Afrika genoodsaak is. Die posisie na die inwerkingtreding van die Grondwet word geëvalueer deur kortliks die breë grondwetlike konteks te skets en vas te stelof die artikels in die Grondwet wat met godsdiens handel, inderdaad die essensiele regte en vryhede van godsdiens beskerm. Hierdie artikels word in diepte geanaliseer ten einde te bepaal hoe hulle geïnterpreteer en geïmplementeer behoort te word ten einde die essensiele godsdiensregte en vryhede genoegsaam te beskerm.
12
Krasnick, Harry. "English as a second language problem in the Canadian charter of rights and freedoms." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/27666.
Abstract:
A research project was designed to identify and analyze the issues which are involved in guaranteeing the equal protection of the law in Canada with respect to the right to be informed of the right to counsel upon detention or arrest and the right to the assistance of an interpreter in legal proceedings in the case of non-native speakers of English.
A comparative, multidisciplinary study design allowed the differences among social science views, practitioners' commonsensical knowledge, and legal viewpoints as expressed in reported judgements to be identified. Each of the three sources of viewpoints on cross-cultural interrogation and courtroom interaction was examined with a view to determining the range of phenomena recognized. The study did not attempt to evaluate the social science studies on their own terms, measure the distribution of commonsense knowledge among practitioners, or determine the state of the law on any particular point. The goal was rather to compare the breadth of the legal system's vision with that of social scientists and practitioners, in order to determine whether there will be a need to supplement the court's view.
The results suggested that court interpreters vary greatly in their overall competence, including language ability, and in their understanding of what their role is. Training and certification of court interpreters appears to be the only solution which will satisfy the constitutional guarantee of equal protection. Informing the suspect of his right to counsel presents substantial linguistic and cultural problems, only some of which are addressed by the courts. In legal proceedings, the right to the assistance
of an interpreter raises fundamental questions concerning the point at
which the right to an interpreter arises and how entitlement is to be
determined.
Practical solutions implied by the research include establishing a bilingual courtroom observer program to safeguard against inadequte interpretation going unnoticed; cautioning the suspect as to his right to counsel in his native language rather than in English, perhaps through audio tape recordings; and establishing a combination translation and legal advice center which could be contacted by calling a toll-free telephone number such as 800-ESL-HELP.Education, Faculty of
Language and Literacy Education (LLED), Department of
Graduate
13
Jordan, James Campbell. "Interpretation of the Canadian Charter of Rights and Freedoms and the presumption of innocence." Thesis, University of Ottawa (Canada), 1988. http://hdl.handle.net/10393/5229.
14
Breton, Eric Drummond. "Reconciling diversity and equality : federalism, identities and the Canadian Charter of Rights and Freedoms." Thesis, University of Cambridge, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.624985.
15
Lourenco, Ivo. "Construction of alternative indices of political freedoms, property rights and political instability for Zambia." Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/5748.
16
Perry, Barbara Jean Carleton University Dissertation Sociology. "Canada's passive revolution; the Charter of Rights and hegemonic politics in Canada." Ottawa, 1992.
17
Barnaby, D. C. "The decline of the rule of law under the Canadian Charter of Rights and Freedoms." Thesis, University of Oxford, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.320847.
18
Romano, Domenic. "The political impact of the Canadian Charter of Rights and Freedoms on the Supreme Court of Canada /." Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59286.
Abstract:
This study explores the political impact of the Canadian Charter of Rights and Freedoms on the Supreme Court of Canada. This influence is contrasted with the judiciary's historic reluctance to recognize civil liberties, commencing with the position taken by the Judicial Committee of the Privy Council and the cautious reaction of the Supreme Court to the Diefenbaker Bill of Rights.The treatment of civil liberties under the Charter is considered through a survey of some of the Charter cases addressed by the Supreme Court of Canada. The political consequences of the Court's decisions are examined. Alternative possibilities for the Court's role in Canadian society are considered, including the prospects for entrenchment under the Meech Lake Accord and other recently proposed reforms.
The criticism that too much power is being vested in the "least democratic branch" is addressed and the suggestion that the Charter should be located in the "communitarian tradition of Canadian politics" is appraised. This study reflects upon the theoretical assumptions which underlie the existence of the Charter, as it evaluates the political theory behind differing conceptions of judicial interpretation. This thesis concludes by determining that the Supreme Court has made a positive political contribution to Canadian society.
19
Wintemute, Robert. "Sexual orientation discrimination and constitutional human rights law : the United States Constitution, the European Convention on Human Rights, and the Canadian Charter of Rights and Freedoms." Thesis, University of Oxford, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334152.
20
Holmes, Brooklyn. "The Evolution, Controversies and Implications of “the supremacy of God” in the Canadian Constitution." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/36306.
Abstract:
Within the field of religious studies, the definition of religion is constantly debated. While subjective definitions of this concept may be useful in day to day conversation, what happens when “religion” and other religious language is mentioned in constitutionally entrenched documents and policies? Drawing on critical theory, this thesis examines the biases associated with the the protection of freedom of religion and the preamble to Canada’s constitution which states that, “Canada is founded upon principles that recognize the supremacy of God and rule of law”.
21
Möller, Louise. "An analysis of the current framework for the exchange of taxpayer information, with special reference to the taxpayer in South Africa's constitutional rights to privacy and just administrative action." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20976.
Abstract:
Internationally, as well as in South Africa, legal reform aimed at increasing taxpayer information transparency has gained momentum over the past few years, especially in the light of the G20 led Base Erosion and Profit Shifting ('BEPS') Project. Ensuring that the fundamental rights of the taxpayer, guaranteed by the Constitution1, remain protected amidst the hurried implementation of these reforms is of paramount importance and cannot be overlooked or deferred. To a great extent, the question as to whether the current rules, regulations, and practices surrounding exchange of taxpayer information in South Africa would pass constitutional muster has, as yet, gone unasked and unanswered in academic literature. This minor dissertation seeks to identify and analyse the constitutional questions raised by these existing rules and practices, with special reference to the constitutional rights of taxpayers in South Africa. Specifically, the current framework for both the automatic exchange of information and exchange upon request is considered in the context of two constitutional rights, namely the right to privacy and the right to just administrative action, with due recognition of the general limitation of rights provided for in the Constitution. Importantly, this paper does not dispute the need for exchange of taxpayer information in principle, nor the desirability of effective tax administration. It is furthermore appreciated and acknowledged that a balance must be struck between the often competing interests of the South African Revenue Service ('SARS') as an administrator seeking to discharge its mandate in the most efficient manner possible, and the fundamental rights of the taxpayer.
22
Радзієвська, В. В. "Формування правового визначення поняття механізму забезпечення прав і свобод людини і громадянина." Thesis, Українська академія банківської справи Національного банку України, 2009. http://essuir.sumdu.edu.ua/handle/123456789/60009.
Abstract:
Механізм забезпечення прав і свобод – це система правових інструментів та засобів, створених та закріплених державою для регулювання процесів у сфері прав і свобод людини і громадянина через відповідні органи, їх реального визначення та здійснення.The mechanism for ensuring rights and freedoms is a system of legal instruments and tools created and entrusted by the state to regulate processes in the field of human and civil rights and freedoms through the relevant bodies, their real determination and implementation.
23
Bradley, Joseph E. (Joseph Edmund) Carleton University Dissertation Canadian Studies. "In defence of Charter review." Ottawa, 1992.
24
Коломієць, Є. А. "Проблема реалізації політичних прав і свобод громадян в Україні." Thesis, Українська академія банківської справи Національного банку України, 2007. http://essuir.sumdu.edu.ua/handle/123456789/62127.
25
Caro, de Sousa Pedro. "Need we kill to dissect? : attempt at a contextual approach to the EU economic freedoms." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:acb1dfac-3015-4d65-ac96-1d039c6107ab.
Abstract:
A different type of polity requires a different type of constitution; more importantly, it also requires a different way of thinking, a new constitutionalism able to address the relevant descriptive and normative questions facing this new political entity. This thesis tries to contribute to the development of EU constitutionalism by focusing on the interplay between the different normative concerns behind the EU’s market freedoms identified in traditional legal discourse – as results mainly from court decisions and academic discussions –, and the institutional environment which mediates the freedoms’ application. It is hypothesised that such interplay can be better understood by reference to the findings of some disciplines ‘external’ to internal legal discourses such as economics, philosophy, or political science. Normatively, it is hoped that debates concerning the market freedoms that take into account ‘external elements’ will be more attractive to the legal community than those that do not include such considerations. Descriptively, it is submitted that the incorporation of insights arising from these ‘external’ disciplines into the traditional modes of discourse and analysis on the EU market freedoms – in effect, the internalisation of these ‘external’ elements – can provide better descriptive fits of the law and its development than theories that do not take them into account. An incidental result of this approach is that by the end of this thesis a theory of the market freedoms will have been sketched: by combining ‘internal’ and ‘external’ elements, an analytical framework can be developed that is able to make descriptive sense, formally and substantively, of free movement law at both its most general – where formal common structures seem to be undeniable, and a minimum common substantive content can be found –, and at its most detailed levels – where substantive variations and greater normative specification seem to exist.
26
Moosa, Fareed. "The 1996 Constitution and the Tax Administration Act 28 of 2011 : balancing efficient and effective tax administration with taxpayers' rights." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5532.
Abstract:
Doctor Legum - LLDTaxation is fundamental for development in South Africa (SA), a developing country with an emerging economy in which taxation is essential to capacitate the government so that it can fulfil its mandate under the Constitution of the Republic of South Africa, 1996 (Constitution). This mandate includes bringing about socio-economic transformation, part of transformative constitutionalism, through progressively realising socio-economic rights. This dissertation examines the way in which tax administration may take place efficiently and effectively with due respect for taxpayers' rights. A clear link is shown between taxation, human rights and the South African government's responsibilities to attain its transformation targets. To facilitate this process, the Constitution creates a legal framework for the imposition of tax and for the equitable distribution of tax revenue among the three spheres of government. For historical, political and other reasons, South Africans generally, as happens elsewhere in the world, lack a strong culture of voluntary tax compliance. Wilful non-payment of tax is antithetical to the values of democracy, ubuntu and the rule of law. Tax non-compliance minimises revenue collected from taxation. This, in turn, hinders the attainment of transformation in all its facets. A pressing need exists for laws that, on the one hand, promote tax morality and, on the other, strengthen the South African Revenue Service (SARS) so that it can effectively administer SA's national tax system (or grid). To this end, the Tax Administration Act 28 of 2011 (TAA) is pivotal. It regulates tax administration, a part of public administration. Under the Constitution, SARS is obliged to execute its functions in a manner respectful of taxpayers' rights and that upholds the Constitution’s values and democratic principles. Consequently, the TAA must strike a fair balance between, on the one hand, protecting taxpayers' rights and, on the other, arming SARS with adequate powers with which it can effectively combat the mischief of tax non-compliance. This dissertation shows that, when viewed through the prism of s 36 of the Bill of Rights (BOR), the powers conferred on SARS by ss 45(1), (2), 63(1) and (4) of the TAA to conduct warrantless inspections and searches, as the case may be, limit taxpayers' rights to, inter alia, privacy. It concludes that, whilst ss 63(1) and (4) ought to pass muster, ss 45(1) and (2) are susceptible to a declaration of invalidity under s 172(1) of the Constitution.
27
Devlin, Nicholas E. "Ink and liberty, newspaper ownership concentration and freedom of the press under the Charter of Rights and Freedoms." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0010/MQ34155.pdf.
28
Crawford, G. Mark. "Free speech : the Canadian model; a study of freedom of expression under the Charter of Rights of Freedoms." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390317.
29
Lugton, Alis Margaret. "Citizen UK 2000 and the European Convention for the Promotion And Protection of Human Rights and fundamental freedoms." Thesis, University of Leeds, 2008. http://etheses.whiterose.ac.uk/271/.
Abstract:
This thesis sets out to review the extent to which the European Convention for the Promotion and Protection of Human Rights and Fundamental Freedoms(1) has influenced the political and legal order of England and Wales.(2) Analysis is explored along a number of lines of investigation. A review of the influence of the ECHR on the constitutional order of the UK is prefaced by analysis of its early influence on the order of the Netherlands, Germany and France.(3) Analysis gives rise to two questions Does the ECHR, dependent on the signatory-state with its own constitutional arrangement and legal culture, support a claim that a collective enforcement of human rights (4) protection can not exist empirically, therefore can not achieve as a transcending philosophy? Does the ECHR's apparent affinity with the monist order of the civil-law tradition render it in relation to the UK dualist order an impracticable statement of ideal? Drafted under the auspices of the Council of Europe, the rights and freedoms of the ECHR are accorded a generic structure, essentially subject to derogation. Whether the ECHR is capable of advancing an effective fon-n of human rights protection, this thesis examines the genesis of the ECHR, including its absence of inquisitorial function. Analysis gives rise to the question: What is to be expected of the ECHR: the promotion of a common understanding of HR intimated by the Congress of Europe 1948, or a collective enforcement of protection inherent in an understanding of the telos of the ECHR? Narrowing the focus of analysis to the UK, this thesis examines its response to the concern of terrorism, asylum and various aspects of criminal justice and asks: Whether the concept of HR protection has become the last haven of sui-generis positivism, and if so, the ECHR a raison d'etre of the signatory- state? With regard to the judicial treatment of the rights and freedoms of the individual post the (5) Human Rights Act 1998(5), this thesis examines the functioning of Section 3 of the HRA. Analysis raises a number of questions: Does a division in judicial reasoning exist between, and/or within, the higher and lower courts regarding the application of the HRA/ECHR? If so, on what grounds? Can a universal humanity exist in a legal order where rights are treated as a form of residual liberty remaining after legal restraints are subtracted? Whether post 2000, a decline in autonomous law has resulted in a convergence of the legal and political and the creation of a national responsive law in which the HR concern of the individual is placed below that of the prevailing Government and judiciary, the findings of this thesis are used to test the assertion that: The Article I ECHR agreement by the UK to secure to everyone within its jurisdiction the rights defined in Section 1, is not matched by a realisation of those rights by everyone within its jurisdiction; Subject to the sovereignty of Governments and politics of the national judiciary, the ECHR constitutes an order for the popularisation of the concept of HR protection, as opposed to a system for the collective enforcement of the rights and freedom of the individual. (1) Hereafter, ECHR (2) Excluding the legal order and legislative autonomy of Scotland. Hereafter, UK (3) Following its ratification by the Netherlands, Germany and France (4) Hereafter,HR (5) Hereafter, HRA
30
Yeremenko, A. "Human rights protection institute of jury." Thesis, Sumy State University, 2014. http://essuir.sumdu.edu.ua/handle/123456789/44926.
Abstract:
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.
31
Crossland, James. "The role of the courts in the evolution of Canadian constitutionalism : historical antecedents and future prospects." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66072.
32
COURELL, Ann Marie. "The friendly settlement procedure under the European convention on human rights." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7026.
Abstract:
Defence date: 30 March 2007Examining Board: Prof. Philip Alston (European University Institute) ; Prof. Francesco Francioni (European University Institute) ; Prof. Olivier de Schutter (University of Louvain) ; Prof. Kevin Boyle (University of Essex Colchester)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
33
Palmén, Öhgren Linda. "Burkaförbud : Rättfärdigad restriktion eller brott mot de grundläggande friheterna och mänskliga rättigheterna?" Thesis, Högskolan i Gävle, Avdelningen för humaniora, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-11948.
Abstract:
The fundamental freedoms and human rights is something the countries, and its citizens, of the European Union more or less take for granted. However, in recent years these rights have become a topic of discussion in the way that a debate about the Islamic headscarves has developed. This debate has resulted in that a number of countries, including France, have taken legislative measures to ban clothing that fully covers ones face. Out of these bans a discussion has arisen concerning the fundamental freedoms and human rights. These burqa bans, as it is labeled in the pubic debate, have been accused to wrongfully limit the individuals freedoms and human rights. This study therefore has the aim to analyze these burqa bans in relation to the European Union, United Nations and the Council of Europe’s general declarations concerning the fundamental freedoms and basic human rights. The main result of this study shows that these bans in fact is not a proportionally restrict in the fundamental freedoms and human rights. These results also are strengthened by the theoretical positions on freedom as put forth by Samuel Pufendorf and John Stuart Mill.
34
Forrest, Christopher. "A conversation among equals : courts, legislatures and the notwithstanding clause." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112336.
Abstract:
Dialogue between courts and legislatures can occur where legislatures reverse, modify or avoid judicial decisions. With two exceptions, however, legislatures have only reversed the Supreme Court on three occasions. Defiant legislative responses enacted without the notwithstanding clause undermine the Charter and the courts, and are an inappropriate means of expressing institutional disagreement. However, based on a model of coordinate constitutionalism, recourse to the override constitutes a legitimate means for legislatures to advance alternate interpretations of Charter rights. Furthermore, section 33's value lies in the opportunity it creates for public deliberation regarding issues of national importance. Its relative disuse can be attributed to a combination of factors including its legislative history, the influence of American constitutionalism and an executive-dominated parliamentary process. Recognizing the legitimacy of section 33 would contribute to a greater respect for the roles and responsibilities of all three branches of government under a system of constitutional supremacy.
35
Shugar, Jody Ann. "Judicial discretion and the Charter : a qualitative and quantitative examination of the exclusionary rule." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23358.
Abstract:
This study represents a qualitative and quantitative analysis of the Supreme Court of Canada's treatment of the exclusionary rule set out in s.24(2) of the Canadian Charter of Rights and Freedoms. The objective of this thesis is to contribute to the theoretical debate between legal positivism and legal realism by examining judicial discretion and the application of s.24(2) by the justices of the Supreme Court. The goal of this work is to demonstrate the weakness of the positivist school in its basic premise that judicial decisions are based solely on the application of the rule of law. It is contended that Supreme Court decisions are derived not only from the words of the law, but also from extra-legal factors, since judges possess certain predispositions by virtue of their own personal experiences. This thesis will illustrate that the exercise of judicial discretion by the Court in its interpretation of s.24(2) has had a profound impact on the nature of Canadian criminal justice policy, moving Canada even closer to the due process model of criminal justice and further from the crime control model than was intended by the framers of the Charter. Both the qualitative and quantitative analysis of s.24(2) Supreme Court decisions show that the language of this provision is often circumvented by the justices who are not constrained by either the intention of the framers or even their own precedent. Consequently, the vague wording of this provision coupled with the discretion conferred on these justices allows the Court to read the exclusionary provision in a manner that best accommodates the exclusionary philosophies of the majority of Supreme Court justices.
36
Booley, Ashraf. "Women’s rights and freedoms in Islamic jurisprudence pertaining to marriage and divorce: lessons for south Africa from Morocco and Tunisia?" Thesis, University of Western Cape, 2014. http://hdl.handle.net/11394/3759.
Abstract:
Doctor Legum - LLDThe objective of this doctoral thesis is essentially two-fold: first, it seeks to ascertain whether the rights and freedoms of Muslim women in the contexts of marriage and divorce are adequately protected in terms of Islamic jurisprudence, and secondly, whether any valuable lessons could be learnt in this regard by South Africa based on the specific legal experiences of two (other) African jurisdictions, notably Morocco and Tunisia.
37
Hicks, Bruce M. "The transition to constitutional democracy : judging the Supreme Court on gay rights." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83184.
Abstract:
The idea that Canada was transformed into a "constitutional democracy" in 1982 is widely believed by the public, yet rarely examined in academic literature. This article identifies what it calls a "theory of Constitutional democracy" and then applies it to a test case, the Supreme Court of Canada's decisions on the equality claims of lesbians and gay men. It concludes that if the public expected such a transition, it has yet to be made.
38
Lemire, Louis. "Protection of trade union freedom of association under the International Labour Organisation and under the Canadian Charter of Rights and Freedoms." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/6018.
39
Zlotnik, Shaul Randi. "The implications of sections 1, 15 and 24 of the Canadian Charter of Rights and Freedoms on health care allocation decisions." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1993. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ51560.pdf.
40
Kaf, Yasmine, and Norman Nine Karlsson. "Enforcing the European Convention on Human Rights and Fundamental Freedoms through Positive Obligations : A Study of Domestic Violence and Human Trafficking." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-46129.
41
Маланчук, Петро Михайлович, Петр Михайлович Маланчук, and Petro Mykhailovych Malanchuk. "Інститут адвокатури - гарантія забезпечення прав і свобод людини." Thesis, Юридическая практика, 2003. http://essuir.sumdu.edu.ua/handle/123456789/63974.
42
Eastaugh, Érik Labelle. "The rights of official language minority communities in Canada." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:7500f091-db99-48ad-b269-3e0b7332705c.
Abstract:
This thesis explores the meaning and content of s. 41 of the Official Languages Act of Canada, which imposes certain duties on all federal institutions towards French- and English-language minority communities. While vitally important as a component of Canada's language rights archictecture, the nature and content of s. 41 as a legal norm remain woefully unclear. The immediate aim is to determine: (1) whether s. 41 confers a right to specific measures in particular cases; (2) whether such rights are individual or collective; and (3) if collective, what sort of interests are protected. Section 41 presents a number of interpretive challenges. First, it uses terminology which is undefined in the Act and yet has no self-evident meaning. Thus, the nature of the primary legal subject, 'linguistic minority communities' (LMCs), is unclear, as are the nature of the protected interests, 'vitality' and 'development'. Second, the interpretive principles developed by the case-law for official language rights rely on a conceptual framework that is vague and under-theorized. Key components of that framework, like the concept of a necessary link between language and culture, have yet to be fully explored, either in the case-law or in legal scholarship. This presents an acute problem in the case of s. 41, where the content of these concepts will likely prove dispositive. In order to grapple with these challenges, this thesis develops an account of language rights as collective rights. Drawing on the philosophical literature and existing case-law, I argue that LMCs should be conceived of as collectivities rather than mere aggregates of individuals, and that a number of language rights, such as s. 41 of the OLA, and ss. 16.1 and 23 of the Charter, aim to protect the collective interests of these collectivities. I then define some of these interests from both an empirical and a normative perspective. I conclude by arguing that s. 41 of the OLA protects an 'autonomy interest', which both prohibits federal institutions from interfering with existing LMC autonomy, and provides a basis for claiming enhancements to that autonomy, within the confines of the statutory mandate of the institution in question.
43
Reynolds, Graham John. "Towards reconsideration of the intersection of the charter right to freedom of expression and copyright in Canada." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:b27a9d3a-c0b7-497e-a8ad-29b861b78b32.
Abstract:
This thesis explores the intersection of freedom of expression (as protected in the Canadian Charter of Rights and Freedoms (Charter)) and copyright in Canada. In this thesis, I argue that both lower Canadian courts and the Supreme Court of Canada (SCC) should reconsider their approaches to this intersection. Lower Canadian courts have consistently rejected arguments that provisions of Canada's Copyright Act unjustifiably infringe the Charter right to freedom of expression. The SCC, on the other hand, has consistently interpreted provisions of the Copyright Act in such a manner as to result in expanded protection for the expression interests of non-copyright owning parties. It has done so not by relying explicitly on the Charter right to freedom of expression, but through a process of statutory interpretation. I argue that both approaches merit reconsideration. Specifically, I argue that the approaches adopted by lower Canadian courts to the intersection of the Charter right to freedom of expression and copyright are based on now-invalidated approaches to both copyright and to freedom of expression, and are thus themselves invalid; that to the extent to which the SCC's approach to this intersection assumes that the Charter right to freedom of expression can be protected, in the context of copyright, through statutory interpretation alone, that it fails to adequately protect the Charter right to freedom of expression; that other leading national courts from which the SCC has previously sought assistance have explicitly engaged with this intersection, and that the SCC should follow suit; and that the SCC's own copyright and freedom of expression jurisprudence suggests that provisions of the Copyright Act may unjustifiably infringe the Charter right to freedom of expression. These four arguments, taken together, suggest that the time is ripe for reconsideration of this intersection.
44
Chenwi, Lilian Manka. "National human rights institutions: a comparative study of the national commissions of human rights in Cameroon and South Africa." Diss., University of Pretoria, 2002. http://hdl.handle.net/2263/978.
Abstract:
"Implementation of human rights instruments, and protection and promotion of human rights at the national level is a contemporary phenomenon that is still developing. The African Charter on Human and Peoples' Rights and the Paris Principles provide for the creation of national institutions to carry out this task. This has led to national human rights institutions (NHRIs) becoming more prominent actors in the national, regional and international arena. However, NHRIs still face the problems of legitimacy, operational constraints, and ignorant population. These factors constrain the effective functioning of these institutions. It should be noted that the key constraint on the effective functioning of NHRIs is legitimacy. Such institutions usually find themselves not legitimate in the eyes of the people they are created to serve. The above brings to mind the question - what makes a NHRI effective? Generally, there is no consensus as to the effectiveness of NHRIs This study has therefore been triggered by widespread perceptions and reports within civil society that such institutions are left at the mercy of governments in power. Others have seen such institutions as a "double-edged sword" - in the best of circumstances, they strengthen democratic institutions but they can also be mere straw men, part of government's administrative machinery to scuttle international scrutiny. Another issue that has actuated this study is the misconception that people have about some NHRIs. This misconception originates not so much from the actual operation of human rights commissions but from the history of past ombudsman institutions that have purported to protect human rights." -- Chapter 1.Prepared under the supervision of Professor Michelo Hansungule at the Faculty of Law, University of Pretoria, South Africa
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2002.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
45
Antonopoulos, Irene. "The human rights aspects of the protection of the environment : a proposal for an additional protocol to the European Convention on Human Rights and Fundamental Freedoms guaranteeing the protection of fundamental human rights in environmentally challenging circumstances." Thesis, University of Aberdeen, 2013. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=211063.
46
Toyoda, Hisashi. "A supraconstitucionalidade dos tratados de direitos humanos: uma nova via de maximização da efetividade dos direitos fundamentais do contribuinte." Pontifícia Universidade Católica de São Paulo, 2012. https://tede2.pucsp.br/handle/handle/5970.
Abstract:
Made available in DSpace on 2016-04-26T20:21:15Z (GMT). No. of bitstreams: 1
Hisashi Toyoda.pdf: 1348025 bytes, checksum: dc83166070c6c3230348677b68e34be8 (MD5)
Previous issue date: 2012-10-16This work considers the supraconstitucionality as an innovative way, essential, to maximize the effectiveness of human rights of the taxpayer, given its vulnerability to the fiscal voracity and state strategies for purposive strictly collection. The general aim was to investigate how these rights can be materialized in the field of relations mediated by the exercise of state power to tax, taking for granted the applicability of the supraconstitucionality of international human rights treaties. Its specific objectives were to delineate the path of thinking about state power and the political-legal inflections for relations between the state and individuals subject to it; discourse on asymmetrical power relations between state and citizen taxpayers weakening their rights; provide foundational bases of international recognition of human rights and protective densification achieved through the construction of a supraconstitucional way for their assurence and effectiveness derived from international treaties; demonstrate how the adoption of supraconstitucionality can ensure greater effectiveness of human rights of the Brazilian citizen taxpayer. The research shows that the state, establishing itself as a peculiar entity to individuals and society, in spite of a historical process of change in the design and form of power exercise, has exhausted from sovereignty its strength unchallenged towards individuals. Although this is still a paradigm in the existence of the State, and reference to the exercise of the taxing power, the most recent scenario has put in evidence its deconstruction, owing to the development of defense mechanisms and implementation of human rights that do not take into account the territoriality as space of execution of law. In its most advanced expression, the European Community law has managed to achieve important victories, revealing the role and contribution of the increasing application of international human rights treaties for maximum satisfaction of the rights of the taxpayer. Abandons the idea of citizenship in terms of bonding to the state, and sets up a new condition for the taxpayer, as a subject of international law. The definition of an extraterritorial jurisdiction space allows the extension of the protection field of human rights, with new alternatives for access to judicial protection, which is indispensable because of the strategies and mechanisms surreptitious utilized by state for convenience only and efficiency of tax collection, threat that has not been adequately pushed by the internal mechanisms of jurisdiction in dealing with the human rights of the taxpayer
Este trabalho considera a supraconstitucionalidade como via inovadora, e indispensável, para maximizar a efetividade dos direitos humanos do contribuinte, considerando a sua vulnerabilidade frente à voracidade fiscal e às estratégias estatais de finalística estritamente arrecadatória. Teve como objetivo geral investigar como esses direitos podem ser materializados no campo das relações mediadas pelo exercício estatal do poder de tributar, tomando-se como pressuposto a aplicabilidade da supraconstitucionalidade dos tratados internacionais de direitos humanos. Seus objetivos específicos foram delinear o percurso do pensamento sobre o poder estatal e as inflexões político-jurídicas para as relações entre o Estado e os indivíduos a ele sujeitos; diiscorrer sobre as relações assimétricas de poder entre o Estado e o cidadão contribuinte vulnerando seus direitos; apresentar as bases fundantes do reconhecimento internacional dos direitos humanos e o adensamento protetivo alcançado por meio da construção de uma via supraconstitucional para a sua garantia e efetividade derivada dos tratados internacionais; demonstrar como a adoção da supraconstitucionalidade pode assegurar a maior efetividade dos direitos humanos do cidadão contribuinte brasileiro. A pesquisa demonstra que o Estado, firmando-se como ente peculiar frente aos indivíduos e à sociedade, a despeito de um processo histórico de mudanças na concepção e na forma de exercídio do poder, tem exaurido da soberania a sua força inconteste perante os indivíduos. Embora esta ainda seja um paradigma na existência do Estado, e referência para o exercício do poder de tributar, o cenário mais recente tem colocado em evidência a sua desconstrução, em razão do desenvolvimento de mecanismos de defesa e concretização dos direitos humanos que não levam em conta a territorialidade como espaço de atuação do Direito. Em sua expressão mais avançada, o direito comunitário europeu tem logrado alcançar importantes conquistas, revelando o papel e a contribuição crescente da aplicação dos tratados internacionais de direitos humanos para a máxima satisfatividade dos direitos do contribuinte. Abandona-se a idéia de cidadania em termos de vinculação ao Estado, e define-se uma nova condição para o contribuinte, como sujeito do Direito Internacional. A definição de um espaço jurisdicional extraterritorial permite o alargamento do campo de proteção dos direitos humanos, com novas alternativas de acesso à tutela judicial, o que é indispensável em razão das estratégias e dos mecanismos sub-reptícios utilizados pelo Estado tendo em vista unicamente a praticidade fiscal e a eficiência da arrecadação, ameaça que não tem sido adequadamente afastada pelos mecanismos internos de jurisdição no trato dos direitos humanos do contribuinte
47
Gill, Amy. "In Their Finest Hour: Deciphering the Role of the Canadian Women's Movement in the Formulation of the Charter of Rights and Freedoms." Thesis, University of Ottawa (Canada), 2010. http://hdl.handle.net/10393/28645.
Abstract:
This thesis analyzes the role of the Canadian women's movement in the formulation of sections 15 and 28 in the Canadian Charter of Rights and Freedoms. Grounded in the context of the decade leading up to the 1980-1982 mega-constitutional debates, the ideas and actions of the women's movement demonstrate both their intellectual and political agency in securing a new interpretation of equality rights within the Charter. Intellectually, women drew on the legal experiences of Canadian, American, and international interpretations of equality as well as feminist ideology to conceive of a more substantive equality. Built out of two principles, equality of opportunity and equality of results, Canadian women devised a new language to reinforce the interpretation of substantive equality and sought out the means to transform their idea into reality.
The success of the women's movement in this era is typically attributed to its effective mobilization, profiting from an environment in which Canadian women were able to develop a complex network of organizations at the national, provincial, local, and grass roots level. Moreover, the structure of the women's movement provided a powerful platform for key figures within the movement to articulate women's concerns and have those opinions respectfully considered. Only in tandem do the ideals championed by the women's movement and the structure of the movement allow for its eventual success. The women's movement was riddled by strong cleavages, including ideological, regional, class, and ethnic cleavages, but held together in this era by a common commitment to substantive equality.
Providing an arena for action, the critical events that mark the 1980-1982 mega-constitutional debates showcase these elements and illustrate how Canadian women transformed their ideas into action. Examining the context leading up to the debates along with the events during the fourteen-month span of negotiations, it is argued that women played both an intellectual and political role in shaping equality rights in Canada. Their contributions not only secured an effective path to substantive equality but also irrevocably altered the nature of the debate surrounding human rights and changed the way Canadians understand, interpret, and practice equality.
48
Currie, Heidi Helena. "Cruel and unusual?, the implications of Section 12 of the Canadian Charter of Rights and Freedoms on restraint use in care facilities." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq24114.pdf.
49
Davidson, L. A. "An examination of the rights of the mentally disordered in English law in the context of Articles 3 and 5(I) of the European convention of Human Rights and Fundamental Freedoms." Thesis, University of Cambridge, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.598316.
Abstract:
This thesis examines the rights of the mentally disordered in English law under Articles 3 and 5(1) of the European Convention on Human Rights and Fundamental Freedoms (ECHR). The primary sources have been examined in depth, and general principles traced back through the relevant cases to their original contexts. Inconsistencies, weaknesses, and difficulties in the interpretation of these Articles have been highlighted in a critique of the ECHR jurisprudence. The Convention recently incorporated into the law of England and Wales of the ECHR by way of the Human Rights Act 1998, is used as a framework for a discussion of the legal rights of those with suspected or diagnosed mental disorder in the United Kingdom, which may be adversely affected by way of state intervention. The ECHR jurisprudence is applied also to the government’s recent proposals concerning those with mental disorder. The thesis considers not only how mental health law may affect human rights, but also how human rights violations may themselves adversely affect mental health. It is in two Parts, dealing first with Article 3, and then with Article 5(1). Article 3 protects against torture, inhuman or degrading punishment or treatment. Treatment contrary to this Article may cause mental disorder. With regard to the mentally disordered specifically, this Article may apply also in the context of, for example, the kind of institution in which they are detained, its regime, or the type of sentence imposed on mentally disordered offenders. It is submitted that Article 3 will become increasingly important in the ECHR’s jurisprudence in the future as standards considered to be ‘acceptable’ evolve. Part II examines Article 5(1), which governs the right to liberty and security of the person. The focus is on sub-paragraphs (a) and (e) concerning, respectively, the detention of offenders and those of “unsound mind”. Article 5 is critical for those who are compulsorily detained, and has led to a great deal of jurisprudence. For the mentally disordered, Article 5(1) requires scrutiny of issues such as the provision of treatment, appropriate environments, and the containment of the untreatable -topical themes at the crux of the English legislation and common law principles governing the detention of the mentally disordered.
50
Berg, Jaclyn. "From Freedoms and Rights to Responsibilities and Obligations: an Argument for a Radical Shift in the Language of Human Development and Social Justice Discourse." OpenSIUC, 2018. https://opensiuc.lib.siu.edu/theses/2395.
Abstract:
My thesis focuses on demonstrating the limits of the human development approaches of Amartya Sen and Martha Nussbaum. While both offer excellent criticisms of the problems inherent in economic- or income-centered approaches to development, the framework of freedoms and capabilities from which they argue is too limited in identifying responsibilities and obligations to others. Thus, their approaches cannot sufficiently be used to transform the economic, social, and political structures that have caused and maintain the social justice issues they seek to address. In order to achieve universal recognition of the essential right of every individual to be free and able to live a life of value and human dignity, it is first necessary that people desire such recognition for others, not only themselves. Since the fulfillment of entitlements necessary for living a full and happy life essentially require institutions, governments, and numerous other socially-based public actions to secure them, the recognition of individual responsibilities and obligations is fundamental to being able to realize freedoms, rights, and capabilities. Therefore, I argue that the transformation from economic-centered to freedom- or capability-centered development processes must be grounded in responsibility and concern for others. What is needed is not an approach that is merely more of the same – freedom, liberty, rights – but instead a radical transformation of the moral and ethical values of society, which cannot be brought about without a shift, not just in the focus, but in the language of approaches to human development and social injustice.