Dissertations / Theses on the topic 'Victims of crimes Legal status'
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1
Robalo, Teresa Lancry de Albuquerque e. Sousa. "O estatuto da vitima de crimes e o princípio da presunção de vitimização =The crime victim's statute and the principle of presumption of victimization." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3959545.
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Von, Bonde Johannes Christian. "Redress for victims of crime in South Africa: a comparison with selected Commonwealth jurisdictions." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/640.
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In terms of the Constitution every person has the right to freedom and security of the person. This includes the right to be free from all forms of violence from either public or private sources. The state is charged with the duty to protect the individual from such harm. While the Constitution refers to the protection of victims of crime in broad and general terms without indicating how these rights should be protected, it makes meticulous and detailed provision for the rights of arrested, detained and accused persons. This leads to the popular belief that the Constitution protects the criminal and not the victim, engendering public dissatisfaction with the status quo, which is amplified by the fact that South Africa’s current legal dispensation for victims of crime does not embody the requirements of ubuntu and African customary law, which the Constitution declares to be binding on South African courts. This study analyses the means that exist in South African law for the victim of crime to obtain redress for criminal acts and proposes effective avenues through which victims can obtain redress, should the existing machinery prove to be inadequate. The term restitution is used to indicate recompense obtained from the perpetrator, while the term compensation refers to recompense obtained from the state. A comparative study is conducted to ascertain how the legal position of victims of crime in South Africa compares with that of victims of crime in Great Britain, India and New Zealand, respectively. South Africa does not have a state-funded victim compensation scheme such as those which exist in most developed countries. The respective proposals of the South African Law Commission for a victim compensation scheme and revised legislation to deal with offender/victim restitution are considered critically, inter alia, in the light of the findings of the comparative study. Proposals are made regarding changes to the South African legal system to bring it in line with international developments regarding restitution and compensation to victims of crime, attention being given to the meaning, significance and implementation of the doctrine of restorative justice when dealing with the aftermath of criminal injury. In addition to a complete revision of South African legislation dealing with offender/victim restitution, this study recommends the consolidation of the Road Accident Fund and the Compensation Fund operating in terms of the Compensation for Occupational Injuries and Diseases Act. These two bodies should be amalgamated to create a unified Compensation Scheme to compensate victims of crime, as well as victims of traffic and industrial injuries. General qualifying criteria for claimants would be drafted, with specific criteria applying in cases of traffic, industrial and crime related injuries, respectively.
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Bullock, Audrea Michelle. "CHILD TESTIMONY AND THE LEGAL DEFINITION OF CHILDHOOD IN EIGHTEENTH-CENTURY LONDON." Miami University / OhioLINK, 2004. http://rave.ohiolink.edu/etdc/view?acc_num=miami1088608012.
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Ndzengu, Nkululeko Christopher. "The war againts organised crime: a critical assessment of South African asset forfeiture law and its impact on redress for victims of crime." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/905.
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This research will be undertaken in the field of both criminal and civil law with particular focus on international interventions in the fight against organized criminal activities, assets forfeitsure in South Africa in general and its treatment of victims of the underlying forfeitsure crimes ("the victims") in assert forfeitsure, more specifically.
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Fourie, Melanie. "Prosecuting sexual abuse of children : enhancement of victims rights vs protection of constitutional fair trial rights." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50431.
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Thesis (LLM)--Stellenbosch University, 2005.ENGLISH ABSTRACT: In 2002 the South African Law Commission published a report in which amendments to the existing rules of criminal procedure and evidence were proposed. A number of these recommendations have since been included in a Bill that was tabled before Parliament in 2003. The proposed amendments largely reflect values which underlie the "Victims' Rights" movement. The aim of this thesis is to consider the possible influence of these amendments on the constitutionally guaranteed fair trial rights of the accused. The study focuses on those amendments that play a role in the prosecution of alleged sexual offences against children, and shows that although the recognition of victims' rights is important, it should not be done at the expense of a fair trial. Dangers inherent to the proposed amendments are therefore highlighted. The rights of the accused are used to test the desirability or not of the proposed amendments. Foreign authority is used to support the argument made in the thesis.
AFRIKAANSE OPSOMMING: In 2002 het die Suid-Afrikaanse Regskommissie 'n verslag gepubliseer waann veranderings aan die huidige strafprosesreg- en bewysregreëls voorgestel word. 'n Aantal van hierdie voorgestelde wysigings is intussen opgeneem in 'n Wetsontwerp wat in Augustus 2003 voor die Parlement gedien het. Die voorgestelde wysigings reflekteer tot 'n groot mate waardes wat die "Victims' rights" beweging onderlê. Die doel van hierdie tesis is om die moontlike invloed van hierdie wysigings op die grondwetlik verskanste billike verhoor regte van die beskuldigde te ondersoek. Die ondersoek fokus op daardie veranderinge wat 'n rol speel in die vervolging van beweerde geslagsmisdade teen kinders. Daar word aangetoon dat alhoewel die erkenning van regte vir slagoffers belangrik is, dit nie ten koste van 'n regverdige verhoor gedoen kan word nie. Gevare verbonde aan die voorgestelde wysigings word dus uitgewys. Die regte van die beskuldigde word deurgaans gebruik om die wenslikheid al dan nie van die voorgestelde wysigings aan te toon. Buitelandse gesag word aangewend om die betoog te ondersteun.
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Dezallai, Amanda. "Réflexions sur les statuts de victime en droit international pénal." Thesis, Orléans, 2011. http://www.theses.fr/2011ORLE0003.
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À ce moment charnière où les T.P.I. accomplissent leurs Stratégies d’achèvement et où la C.P.I. va rendre son premier jugement, il est essentiel de faire un point sur le droit international pénal et particulièrement sur les statuts de victime selon ce droit. En effet, ceux-ci symbolisent les tenants et aboutissants de l’ensemble du droit international pénal. Tantôt oubliée, tantôt sacralisée, la victime ne laisse pas indifférent, et encore moins lorsqu’elle a subi un crime international. Sa reconnaissance a d’ailleurs bouleversé l’économie générale du droit international pénal qui lui accorde une place de plus en plus grande. Une étude approfondie des droits des différentes juridictions permet de constater qu’il n’y a pas un mais plusieurs statuts de victime. La pluralité de ces statuts réside dans l’existence de plusieurs qualités juridiques de victime et de plusieurs régimes juridiques applicables à celle-ci. L’analyse des différents facteurs de cette pluralité donne lieu de voir qu’elle est une force et non une faiblesse du droit international pénal. Elle est la voie médiane entre le rejet de la considération des victimes comme une masse informe et leur impossible prise en compte individuelle. Mais, comme pour le statut du particulier en droit international public général, l’équilibre est parfois difficile à trouver et les statuts sont perfectibles. C’est pourquoi, des propositions d’enrichissements des statuts de victime sont faites et, pour chacune d’entre elles, il est observé si elle est réalisable et souhaitable. Un système de justice pénale internationale serait en construction. La victime pourrait finir par trouver une place en son sein qui satisferait l’ensemble des protagonistes de la répression des crimes internationaux, y compris et surtout, les ÉtatsWhile the ICT carry out their Completion Strategies, the ICC will soon pronounce its first decision. At this point, itis important to assess international criminal law and especially victim’s status according to this law. Actually, theysymbolise the ins and outs of international criminal law. Once forgotten, once sacralised, the victim never leavesus indifferent, above all a victim of international crimes. His or her recognition has deeply altered internationalcriminal law, which now gives him or her an increasing place. Studying the laws of the international criminal courtsshows that there is not one status but several status of victim. This plurality comes from the fact that there areseveral legal characterisations of victim and several legal conditions. The analysis of the different factors leadingto this multiplicity of legal status enables us to envision this legal diversity as a power of international criminal law,rather than one of its weaknesses. It is the middle way between considering victims as a shapeless, undefinedand undifferentiated crowd and considering each victim individually. But, as with the status of private persons ininternational public law, reaching and keeping a well-balanced status is difficult ; and these are perfectible andcan be improved. This is the reason why some suggestions for the enrichment of the different status are madeand, for each of them, there is a thorough questioning and analysis of whether it is feasible and desirable. As aninternational criminal justice system is under construction, the victim could find a place in it which would satisfy allthe protagonists of the legal proceedings against international crimes, including and particularly States
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McCormick, Cameron Anthony. "Get mad, stay mad : exploring stakeholder mobilization in the instance of corporate fraud and Ponzi schemes." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Management, c2011, 2011. http://hdl.handle.net/10133/3248.
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Using a multi-case study, three Ponzi schemes were investigated: Road2Gold, Bernie
Madoff’s empire, and the Earl Jones affair. This grounded study used an inductive
bottom-up methodology to observe and describe stakeholder mobilization in reaction to
corporate fraud. This research on stakeholder behaviour in Ponzi schemes articulates
new theory for describing stakeholder behaviour and possible determinants for successful
mobilization to action. The data presented here point to a useful distinction in the
stakeholders in a corporate fraud: reluctant and engaged stakeholders. Reluctant
stakeholders seek only interest-based ends, whereas engaged stakeholders have additional
identity and ideological goals shared by a mobilized group.viii, 85 leaves : ill. ; 29 cm
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Viljoen, Charmell S. "Secondary victimisation in the court procedures of rape cases : an analysis of four court cases." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53584.
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Thesis (MPhil)--Stellenbosch University, 2003.ENGLISH ABSTRACT: Violence against women is a serious offence. Emotional and physical abuse can happen to our daughters, sisters and wives. Rape is a form of violence against women. It violates a woman's privacy, dignity and it makes her feel as if she has lost control. The criminal justice system is there to protect the citizens of a country and this protection should extend to women when they have been violated. The criminal justice system has different structures, for example the courts, medical services and police services. The staff of the criminal justice process do not have an inherent duty to care about rape survivors but they can be trained to treat survivors with consideration and sympathy to counteract the effects of the rape and secondary victimization experienced by rape survivors. It is important that there are guidelines for the staff of the criminal justice system to assist them in rape cases. This thesis explores whether women experience secondary victimisation during court proceedings. To assess whether it occurs, court transcripts were analysed with a focus placed on the background of the court case and the verdicts of the judges. Findings indicate that secondary victimisation do occur during court cases. Rape survivors feel as if they are on trial and not the rapist. Survivors furthermore believe that they will have to live with the label that they had been raped and humiliated. The thesis recommends that officials of the criminal justice process should receive extensive training, and looks at the Sexual Offences Court in Wynberg as an example of an improved system for rape survivors. It is recommended that the procedures of the Sexual Offences Court should be evaluated on a regular basis to address secondary victimisation problems that may persist. Communication is very important during the rape trial. The rape survivor has to be informed about her case and about the location of the rapist at all times.
AFRIKAANSE OPSOMMING: Geweld teen vroue is 'n ernstige oortreding wat plaasvind in ons samelewing. Emosionele en fisiese geweld kan gebeur met ons dogters, vroue en susters. Hierdie vorm van geweld laat vroue voel asof hulle beheer verloor oor hulle lewens en dit het ook 'n impak op hul self respek en selfbeeld. Die Kriminele Sisteem van Suid Afrika is daar om die belange van sy inwoners te beskerm. Dit het verskillende afdelings byvoorbeeld, die mediese dienste, die polisie en die hof verrigtinge. Die lede van die Kriminele Sisteem werk met verskillende individue wat voel dat die hof die uitweg sal wees wat geregtigheid sal laat geskied. Die lede van die Kriminele Sisteem het nie 'n persoonlike verantwoordelikheid teenoor die verkragtings oorlewendes nie, maar hulle moet sensitiwiteit en empatie betoon teenoor die dames wat verkrag was. Die gedrag van die personeel speel 'n groot rol in terme van hoe die vrou wat verkrag was die aangeleentheid verwerk. Die fokus van die studie is om te kyk of vroue wel sekondêre viktimisering ervaar wanneer hulle besluit om voort te gaan met die hofsake. Hof transkripsies was gebruik om te kyk of vroue wel benadeel word. Daar was gekyk na die uitsprake van die regters sowel as die agtergrond van die hofsaak. Daar was bevind dat sekondêre viktimisering wel plaasvind gedurende die hof verrigtinge. Vroue voel asof hulle verantwoordelik is vir die verkragting wat met hulle gebeur het. Die verkragter word nie gesien as die persoon wat oortree het nie. Hierdie gevoelens van self blamering vorm deel van sekondêre viktimisering wat veroorsaak dat vroue sommige kere voel om nie verder te gaan met die hof saak nie. Die verskillende lede van die Kriminele Sisteem moet gedurig opleiding verkry wat hulle in staat sal stel om die gevoelens van die slagoffers in ag te neem. Die howe wat spesiaal opgerig is om verkragting sake te verhoor moet geevalueer word sodat dit 'n sukses kan wees. Kommunikasie moet bevorder word tussen die verskillende departemente en nie -regerings organisasies wat 'n rol speel gedurende die hof sake.
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McDonald, A. M. "Rights to legal remedies of victims of serious violations of international humanitarian law." Thesis, Queen's University Belfast, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273093.
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Close, Josepha. "The international legal status of amnesties granted for serious crimes : historical and contemporary perspectives." Thesis, Middlesex University, 2016. http://eprints.mdx.ac.uk/19059/.
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Amnesties have been used from time immemorial as instruments of pacification and reconciliation in the aftermath of periods of war and civil strife. They have continued to be issued around the globe at a relatively steady rate in recent years, generally as a means to facilitate the return of peace after an armed conflict or a transition to democracy following repressive rule. The inherent effect of amnesties being to extinguish liability for criminal acts, they have come under increasing international scrutiny in the past quarter-century as a consequence of the development of a global accountability policy. Although there is no international convention explicitly prohibiting the grant of amnesty for serious crimes, there has been a growing tendency to consider that amnesty laws covering perpetrators of grave crimes are contrary to international law. The present study investigates this question by examining whether a norm prohibiting amnesties applying to serious crimes has emerged under international law. The first part of the study is expected to bring an original contribution to knowledge by replacing amnesty in its historical context, something that has only been cursorily done in the literature. It retraces the origin of amnesty as a pacification and reconciliation mechanism and explores ancient amnesty traditions having arisen in different parts of the world. It then examines the evolution of the traditional practice of granting general amnesties at the end of European wars up to the early twentieth century and, in parallel, of the notion that the perpetrators of certain grave crimes incur liability under international law and should be punished, rather than amnestied, in the aftermath of armed conflicts. The second part aims to contribute to the existing literature by analysing the specific question of whether international law prohibits the grant of amnesty for serious crimes. While several studies have considered how amnesty laws can be designed to meet international accountability and human rights standards, this research examines the extent to which unlimited amnesty laws may be regarded as invalid or ineffective. Through an analysis of primary sources, it seeks to determine whether international legislation, the practice of states, the policy of international organisations and the case-law of international courts support the view that amnesties extending to grave crimes are prohibited by international law or are ineffective in preventing the prosecution of such crimes.
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Scott, Amanda Lynn. "Stereotypes about victims how what we think we know about others impacts our legal judgments /." Connect to resource, 2005. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1124219029.
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Thesis (Ph. D.)--Ohio State University, 2005.Title from first page of PDF file. Document formatted into pages; contains ix, 104 p.; also includes graphics (some col.). Includes bibliographical references (p. 83-87). Available online via OhioLINK's ETD Center
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Kamidi, Rino. "A legal response to child trafficking in Africa: A case study of South Africa and Benin." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2928_1210843608.
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Human trafficking has emerged over the past three decades as an issue of considerable concern for the international community, and governments around the world have committed themselves to enacting legislation to combat the trade in humans. This has resulted in the adoption of international standards and important obligations of governments, to address the trafficking in persons (TIP) and in particular child trafficking which appears as a worldwide form of modern-day slavery, and a facet of transnational organized crime. This study investigated the potential causes of this state of affairs, which could be the inadequacy of legal texts and absence of implementation mechanisms, lack of co-ordination amongst the actors implicated, the insufficiency of political will to respond to the problem, the permeability of borders, or the lack of information in the accounts of victims and their parents. The principle objective aimed to address and ensure safety, special protection and security to child victims of trafficking. In so doing this study identified the existing legal framework in the international and regional environment.
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Randa, Carrie D. "Attributions, coping, self-blame and emotional status in victims of rape and domestic violence /." Electronic version (PDF), 2005. http://dl.uncw.edu/etd/2005/randac/carrieranda.html.
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Klaaren, Jonathan Eugene. "A contextual history of Christian institutional involvement in legal assistance to the victims of apartheid, 1960-1982." Master's thesis, University of Cape Town, 1988. http://hdl.handle.net/11427/14340.
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Bibliography: leaves 120-126.The perspective of this dissertation is one grounded in taking an option for the poor and the oppressed in the South African context. Ultimately, this perspective is a theological belief. The perspective is thus that of an explicit choice against apartheid and for social justice. This choice is made on the basis of a social analysis of the South African context. The attempt to write this dissertation from the perspective of the poor and the oppressed is unlikely to succeed completely. As a privileged white, the perspective of the author cannot be fully identified with that of the poor and the oppressed in South Africa. Nonetheless, the attempt is made to write this dissertation from a liberating perspective.
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Lam, Chi-wai Michael, and 林智偉. "Domestic and Cohabitation Relationships Violence Ordinance: a piece of work in progress or the ultimatesolution for gay victims?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B5053421X.
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1 January 2010 was a milestone for the survivors and victims of same-sex domestic violence in Hong Kong. After a hard fought legislative battle, the Domestic and Cohabitation Relationships Violence Ordinance (DCRVO) was extended to cover cohabitation relationships irrespective of sexual orientation.
With the inclusion of same-sex cohabitants in the legislation, gay survivors are provided the same legal protection as different sex couples. It is believed that equality has been achieved for gay victims, in theory at least. Indeed, the topic of same-sex domestic violence seemed to vanish from the public sphere as soon as the Ordinance was enacted. Nevertheless, considering the cultural and social obstacles experienced by gay victims of domestic violence, e.g. social perception of homosexuality and the fear of being ‘outed’ by reporting the incidents, coupled with a lack of supplementary support services available to people with alternative sexual orientations, it is uncertain how effective this amendment will be to Hong Kong sexual minorities in practice. Therefore, the primary research question for this thesis is to what extent the DCRVO is effective in protecting in practice.
This research question will be answered by a combination of qualitative and quantitative empirical research methods. This paper focuses on three areas particularly - the awareness amongst the gay community in Hong Kong of the legislation; the availability of same-sex domestic violence support services; and the subsequent complementary policies provided by the government. This study argues that without adequate complementary policies, the DCRVO will always remain to be a piece of work in progress, and not the ultimate solution for gay victims in Hong Kong.published_or_final_version
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Master of Philosophy
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Moussavou, Charlène Mirca. "Le statut de victime de crimes internationaux devant la cour pénale internationale." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1097.
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Face aux atrocités qu'ont connu les 19ème et 20ème siècles en terme de crimes de masse, de nombreuses tentatives ont mené la communauté internationale à la création d'une cour criminelle internationale capable de juger les responsables des « grands crimes de guerre » au cours des conflits mondiaux. A travers la lettre et l'esprit du Statut de la cour pénale internationale, on note avec soulagement le regain d'intérêt de la justice pénale internationale pour la victime et pour sa reconstruction. Jusque là, cette dernière était principalement centrée sur le criminel, le but premier de cette dernière étant la lutte contre l'impunité. L'une des innovations majeures qu'a apportée le Statut de Rome réside dans la place centrale accordée aux victimes dans la procédure. A la différence de ses prédécesseurs, la CPI leur confère à la fois un statut pénal et civil ; elles disposent d'un droit de participation au procès pénal dès son commencement sous des conditions strictement encadrées par le juge ainsi qu'un droit à la réparation du préjudice qu'elles ont subi. Mais quelle est l'étendue réelle de l'implication des victimes dans ces procédures et quelles en sont les limites et conséquences pratiques au regard des objectifs fixés à l'origine ? Cette étude se propose de procéder à un examen approfondi du dispositif consacrant les droits des victimes de crimes internationaux et à une analyse de ses premières applicationsTo the atrocities experienced by the 19th and 20th centuries in terms of mass crimes, many attempts have led the international community to create an international criminal court to prosecute those responsible for the "big war crimes" during global conflicts. Through the letter and spirit of the Statute of the International Criminal Court, we note with relief the renewed interest of the international criminal justice for the victim and for its reconstruction. Until then, it was mainly focused on the criminal, the first goal of the latter being the fight against impunity. One of the major innovations made by the Rome Statute is the central place for victims in the proceedings. Unlike its predecessors, the ICC gives them both a criminal and civil status ; they have a right to participate in criminal proceedings from its beginning under conditions strictly controlled by the judge and a right to compensation for damage suffered. But what is the real victim involvement in these processes, and what are its limitations and practical implications to the objectives originally set extension ? This study aims to conduct a thorough review of the device providing the rights of victims of international crimes and an analysis of its first applications
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Ngari, Allan Rutambo. "State cooperation within the context of the Rome Statute of the International Criminal Court : a critical reflection." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80212.
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Thesis (LLM)--Stellenbosch University, 2013.Bibliography
ENGLISH ABSTRACT: This thesis is a reflection of the provisions of the Rome Statute in relation to the most fundamental condition for the effective functioning of the Court – the cooperation of states. It broadly examines the challenges experienced by the Court with respect to application of Part IX such as whether non-State Parties to the Rome Statute can, notwithstanding their right not to be party, be compelled to cooperate with the Court owing to the customary international law obligation for all States to repress, find and punish persons alleged to have committed the crimes within the jurisdiction of the Court (war crimes, crimes against humanity, and genocide). This is particularly challenging where such persons are nationals of non-States Parties. The various meanings of international cooperation in criminal matters is discussed with reference to and distinguished from the cooperation regime of the International Criminal Tribunals for Rwanda and the former Yugoslavia. For States Parties to the Rome Statute, the thesis evaluates the measure of their inability or unwillingness to genuinely prosecute persons alleged to have committed crimes within the jurisdiction of the Court within the context of the principle of complementarity. It seeks to address, where such inability or unwillingness has been determined by the Court, how effective the cooperation between the States Parties and the Court could best serve the interests of justice. The thesis answers the question on what extent the principle of complementarity influences the cooperation of States with the Court, whether or not these States are party to the Rome Statute. The concept of positive complementarity that establishes a measure of cooperation between the Court and the national criminal jurisdictions is further explored in the context of the Court’s capacity to strengthen local ownership of the enforcement of international criminal justice. A nuanced discussion on the practice of the Court with respect to the right of persons before the Court is developed. The rights of an accused in different phases of Court proceedings and the rights of victims and affected communities of crimes within the Court’s jurisdiction are considered at length and in the light of recently-established principles regulating the Court’s treatment of these individuals. These persons are key interlocutors in the international criminal justice system and have shifted the traditional focus of international law predominantly from states to individuals and bring about a different kind of relationship between States as a collective and their treatment of these individuals arising from obligations to the Rome Statute. Finally the thesis interrogates the enforcement mechanisms under the Rome Statute. Unlike States, the Court does not have an enforcement entity such as a Police Force that would arrest persons accused of committing crimes within its jurisdiction, conduct searches and seizures or compel witnesses to appear before the Court. Yet, the Court must critically assess its practice of enforcing sentences that it imposes on convicted persons and in its contribution to restorative justice, the enforcement of reparations orders in collaboration with other Rome Statute entities such as the Trust Fund for Victims.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n weerspieëling van die bepalings van die Statuut van Rome in verhouding tot die mees fundamentele voorwaarde vir die effektiewe funksionering van die Hof - die samewerking van State. Dit ondersoek breedweg die uitdagings wat deur die Hof ervaar word met betrekking tot die toepassing van Deel IX soos byvoorbeeld of State wat nie partye is tot die Statuut van Rome, nieteenstaande hul reg om nie deel te wees nie, verplig kan word om saam te werk met die Hof weens die internasionale gewoontereg verpligting om alle persone wat na bewering misdade gepleeg het binne die jurisdiksie van die Hof (oorlogsmisdade, misdade teen die mensdom en volksmoord) te verhinder, vind en straf. Dit is veral uitdagend waar sodanige persone burgers is van State wat nie partye is nie. Die verskillende betekenisse van die internasionale samewerking in kriminele sake word bespreek met verwysing na, en onderskei van, die samewerkende stelsel van die Internasionale Kriminele Tribunale vir Rwanda en die voormalige Joego-Slawië. Vir State wat partye is tot die Statuut van Rome, evalueer die tesis - in die konteks van die beginsel van komplementariteit - die mate van hul onvermoë, of ongewilligheid om werklik persone te vervolg wat na bewering misdade gepleeg het binne die jurisdiksie van die Hof. Dit poog om aan te spreek, waar so 'n onvermoë of ongewilligheid bepaal is deur die Hof, hoe effektiewe samewerking tussen State wat partye is en die Hof, die belange van geregtigheid die beste kan dien. Die tesis beantwoord die vraag op watter mate die beginsel van komplementariteit die samewerking van die State met die Hof beïnvloed, ongeag of hierdie State partye is tot die Statuut van Rome. Die konsep van positiewe komplementariteit wat samewerking vestig tussen die Hof en die nasionale jurisdiksies aangaande kriminele sake word verder ondersoek in die konteks van die Hof se vermoë om plaaslike eienaarskap in die handhawing van die internasionale kriminele regstelsel te versterk. 'n Genuanseerde bespreking op die praktyk van die Hof met betrekking tot die reg van persone voor die Hof word ontwikkel. Die regte van 'n beskuldigde in die verskillende fases van die hof verrigtinge en die regte van slagoffers en geaffekteerde gemeenskappe van misdade binne die hof se jurisdiksie word in diepte bespreek in die lig van die onlangs gevestigde beginsels wat die Hof se behandeling van hierdie individue reguleer. Hierdie persone is sleutel gespreksgenote in die internasionale kriminele regstelsel en het die tradisionele fokus verskuif van die internasionale reg van State na individue, en bring oor 'n ander soort verhouding tussen State as 'n kollektiewe en hulle behandeling van hierdie individue as gevolg van hul verpligtinge aan die Statuut van Rome. Ten slotte bevraagteken die tesis die handhawings meganismes onder die Statuut van Rome. In teenstelling met State, het die Hof nie 'n handhawing entiteit soos 'n Polisiemag wat persone kon arresteer wat beskuldig word van misdade binne sy jurisdiksie, deursoek en beslagleggings uitvoer of persone dwing om as getuies te verskyn voor die Hof nie. Tog, moet die Hof sy praktyk van uitvoering van vonnisse wat dit oplê op veroordeelde persone en in sy bydrae tot herstellende geregtigheid die handhawing van herstelling in samewerking met ander Statuut van Rome entiteite soos die Trust Fonds vir Slagoffers krities assesseer.
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Davis, Mildred Ann. "Understanding Sexual Assault Survivors' Willingness to Participate in the Judicial System." PDXScholar, 2014. https://pdxscholar.library.pdx.edu/open_access_etds/2094.
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This dissertation examined the relationship between support services for adult survivors of sexual assault and judicial outcomes. Specifically, this study explored survivors' willingness to participate in the judicial process. Although "victim unwilling to participate" is the primary reason given by the police for cases not progressing to prosecution, we know little about most aspects of survivors' willingness to participate in the judicial process, especially beyond initial reporting of the assault. The steps to prosecution are dependent on one another yet a survivor's willingness to participate in these steps is a fluid process. The primary research question explored was Are there clusters of survivors according to their responses to specific items on a Willingness to Participate scale? Additional research questions focused on differences among possible clusters of survivors. A semi-structured interview protocol was completed with 46 survivors of adult sexual assault. Cluster analysis was conducted and three clusters emerged. Findings suggest that support services were helpful to those who were highly willing to participate but that willingness was insufficient to influence judicial outcomes. Future research concerning judicial outcomes in sexual assault cases should focus on strategies to dispel myths about rape among survivors, within the judicial system, and with potential jurors as a means of improving both survivor participation and judicial outcomes.
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Tomsson, Viktoria. "UN Transitional Administrations: enjoying immunity or impunity? : A legal study on UN Transitional Administrations and their post-colonial impact on victims’ access to justice." Thesis, Uppsala universitet, Teologiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-444165.
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United Nations peacekeeping forces and operations, have long had a history of crimes against civilians by its personnel, not least concerning crimes of sexual exploitation and abuse. While human rights violations are grave despite their origin, there is a specific element of impunity and distrust when the same people who comes to ‘protect’, are the same people who become perpetrators. In this sense, it is notably interesting and important to examine victims’ rights to access justice when crimes have been committed by UN Personnel. The primary aim is to explore to what extent the fore-mentioned victims have the possibility to access justice within the legal system of UN Transitional Administrations. These UN operations are chosen since it is particularly important to examine the extent to which victim’s may access justice when the UN exercises governmental powers and acts as a quasi-state. An underlying aim is to explore how the eventual inconsistencies within this system may be colored by postcolonial tendencies. In this sense, the study is conducted through a doctrinal method with a postcolonial perspective, examining the normative aspects of law in the light of a critical lens. The legal basis and the legal obligations of UN Transitional Administrations are compared to the International Standard on Victims’ rights and evidence on how victims’ rights to access justice is practiced within these administrations. Finally, the aim is to evaluate the result of this analysis from the standpoint of postcolonial theory.
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McKillop, Dianne R. "Principles in public reasoning about criminal justice : victim vulnerability, trust, and offender status." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2001. https://ro.ecu.edu.au/theses/1035.
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It is popularly assumed that the public is highly punitive toward criminal offenders and that its reasoning about criminal offences is emotionally and morally based. This assumption has been challenged by social scientists who cite influences of news media and methodological flaws in empirical studies as contributing causes. Public sentiment is a basis for law and the increasing responsiveness of legislator to what is perceived to be public opinion on crime means that accurate information on enduring principles in the public's intuitive reasoning about criminal justice is vital. An initial exploratory study (N = 34) presented members of the public with descriptions of emotionally and morally provocative offences, morally indignant reactions and the assignment of punishments that were disproportionate to the objective harm caused by the offences indicated aspects of offences and associated reasoning principles that were worthy of further, experimental investigation. Important principles appeared to be breach of trust by an offender in a position of trust and the vulnerability of victims. A second study (N = 348) examined the influence of these two variables in a 3 x 3 (offender position of trust x victim vulnerability) between-subjects experiment. Findings confirmed that victim vulnerability exacerbates the public's condemnation of offences in a more prosaic offence. However the results also showed that an offender who occupied a highly trusted position in society was not more highly condemned than offenders in less trusted positions. In addition to the finding that the highly trusted offender was perceived to be significantly less in need of a punishment aimed at individual deterrence, this finding led to a hypothesis that his high status may have protected him from public sanction. It was also concluded that the type of trust whose violation the participants of the initial study strongly condemned may have been the trust that is inherent in relationships, rather than in social positions. Survey research (N1 = 192, N2 = 237) provided an empirical basis for unconfounded representations of status and trust in further investigations. Doctors, lawyers and police officers were selected as exemplars of various levels of trust and status. A subsequent experimental study (N = 122) manipulated offenders' trust and status, and the existence of a professional relationship between the offender and victim in a 3 x 2 between-subject design. Results indicated that the existence of a professional trust relationship interacted with the status and position of trust of an offender in their effect on public condemnation. The high status of an offender became a liability in terms of condemnation when that offender also had a professional relationship with his victim, but only when the offender occupied a trusted position in society. The same study indicated that, in an offence where no professional relationship with the victim existed, high status offered a significant degree of protection from a punishment aimed at general deterrence. It was concluded that, although concerns for victim vulnerability are ubiquitous in the public's reasoning about criminal justice, trust is a principle that is applied complexly and which interacts with offender status and offender-victim relationship. The public's responses to criminal offences are both more complex and more rational than is widely believed. The variability found in the data collected for this series of studies indicated that criminal justice researchers must be cautious in assuming consensus in public evaluations of offences and its reasoning about deserved punishment.
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N'dri, Maurice Kouadio. "Critical analysis of victims rights before international criminal justice." Thesis, University of Pretoria, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7533_1183427953.
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History is regrettably replete with wars and dictatorial regimes that claimed the lives of millions of people. Most of the time the planners were not held accountable for their misdeeds. Fortunately in recent years the idea of people being prosecuted for mass atrocities was launched and debated. The purpose of this study was to propose avenues for promoting respect for victims rights. It examined the rationale of the victims reparation, its evolution, its denial and its rebirth. It canvass victims rights in domestic law especially in the civil law in comparison with international law. It proposed means whereby the international community may better address the issue of victims rights.
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Philibert-Ortega, Gena Christine. "Battered women who kill: Perspectives of prosecutors who have tried "burning bed" cases." CSUSB ScholarWorks, 1993. https://scholarworks.lib.csusb.edu/etd-project/648.
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Nyathi, Noluvo Annagratia. "Factors that conduce towards domestic violence against rural women a case study of Sisonke District Municipality KwaZulu Natal." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/509.
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In all the Black communities, women’s rights have always been taken for granted. Women have always been subordinate to the patriarchal system. The denial of domestic violence against rural women has its origin in the age long patriarchal society, deeply rooted in culture and tradition. The main aim of the patriarchal society is the control of women by men. The idea of protecting women abuse is not really new. It is a necessary component of long established and internationally recognized human rights. This includes the right to equality and freedom, liberty and personal security. The recognition could be traced to the adoption of the Universal Declaration of Human Rights of 1948 (UDHR). However, women’s rights remain unrealized and are continuously violated despite the fact that these rights are well expressed in many international documents and national laws. The study examined the factors that conduce towards domestic violence against rural women in the Kwa Zulu Natal Province of South Africa. In this regard, the reasons why they support culture and traditional practices that are detrimental to their health were also explored. The small isolated area of Umzimkhulu was used. In-depth face to face interviews were employed to elicit information from the respondents and brief notes were written down to collect the data. The findings revealed that women are not aware of their human rights. This ignorance and negative attitude is influenced by the dependency of women to men, supremacy of the patriarchal system and the dominance of culture. Most disturbing is that these women don’t seem to see anything wrong with the situation. It is evidently clear therefore that women empowerment, through education, will not only affect women’s autonomy but will also increase their worth and make them understand the impact of traditional practices that they support. All these will have implications for policy and legislative interventions.
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Van, der Merwe Annette. "Aspects of the sentencing process in child sexual abuse cases." Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1003211.
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This thesis investigates current sentencing practices relating to the diverse, complex and emotionally laden phenomenon of child sexual abuse. It focuses on relevant legislative provisions, on case law and on an empirical study conducted amongst regional court magistrates. Trends, developments and problems are analysed and possible solutions to the main problems identified are investigated. The thesis concludes with proposed guidelines regarding the sentencing process in child sexual abuse cases. Such guidelines address general and specific principles, the use of victim impact statements, the increased recognition and use of behavioural science in the sentencing phase with regard to both the victim and the offender, and relevant aggravating and mitigating factors. The guidelines are an attempt to give some structure to the current haphazard approach adopted by the courts with regard to harm experienced by the victim. They are also aimed at assisting experts to provide more effective and reliable pre-sentence reports. Further, the thesis attempts to provide clarity concerning the factors that are considered to be aggravating or mitigating in the offence category, child sexual abuse, as well as with regard to the weight that should be attached to them. In addition, recommendations are made for the purpose of possible law reform and further research in relation to the regulation of judicial discretion through the introduction of formal sentencing guidelines, victim impact statements and the accommodation of behavioural science in the sentencing process pertaining to sexual offenders. This proposal is based on current South African sentencing practices as reflected in the consolidation of local judgments scattered over many years in different law reports and, to some extent, on English, Canadian, Australian and American sentencing practices as researched in this study.
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Clesse, Charles-Eric. "La traite des êtres humains: un cadre legal perfectible pour une meilleure protection des victimes ?étude de la législation belge éclairée de normes internationales et de législations française, luxembourgeoise et suisse." Doctoral thesis, Universite Libre de Bruxelles, 2013. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209468.
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La législation belge est reconnue comme l'une des meilleures en Europe. Elle est pourtant perfectible, surtout dans un souci d'aide aux victimes. Afin de renforcer la lutte contre la traite des êtres humains en Belgique, l'étude de la législation nationale sera éclairée de normes internationales, française, luxembourgeoise et suisse. L'introduction de la thèse, disponible ci-après, donne, entre autres, l'objet de l'étude et son postulat de départ. Nous y renvoyons le lecteur.Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
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Pereira, Rodolfo Santos. "A Violencia letal contra crianças e adolescentes na cidade de São Paulo." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21585.
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Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq
This scientific paper is the result of a personal – that later became professional – journey that aimed at understanding the reason why teeanged boys and girls kept being murdered in poor suburban neighborhoods in the state of São Paulo. As we could not analyze the lethal violence against children and teenagers in the whole state of São Paulo, we narrowed the objective to understand the reasons why the extermination takes place in the city of São Paulo. The dissertation is organized in three chapters. Chapter 1 is aimed at analyzing historically the development of childhood and adolescence in the Brazilian prism. This chapter has shown evidence of how violations of children and adolescente’s rights along with the lack of social policies aimed at this target group can contribute to the murder of these people. There were countless forms of thoughts and interventions in regards to the social vulnerabilities related to Brazilian childhood and adolescence such as Discipline; Coercion; Baby hatching; boarding school; child's code; Universal Declaration of the Rights of Children and Adolescents; Income distribution policies; Philanthropy; Charity; FEBEN; CASA Foundation; Child and Adolescent Statute; SINASE among many others. After having analyzed the data, the second chapter aimed at checking the lethal violence against children and adolescents in the city of São Paulo. This study addressed lethal violence across all age groups and regions of the country, taking into account all existing sides of this problem. Finally, we have analyzed the data from the 2012 to 2014 PPCAAM / SP management, which showed other profiles of children and adolescents to be exterminated in São Paulo. Only this collected data could support the study, however we believe that for a further research development and depth, interviews were carried out with professionals that work in the program as well as adolescents who have already been threatened with death. The interviews have shown that, according to these teenagers, death is nothing but a detail in communities of São Paulo, especially for those involved with some illicit activity. The popularized thought that "the only good indian is a dead indian understood through a cultural prism relating to thieves in Brazil] also affects children and adolescents. Both interviewees said they felt this in their relationship with the population and the police. According to these professionals, management and fund raising issues hinder the development of the Program, and this lethal violence fiercely attacks adolescence
Este estudo científico é fruto de uma jornada pessoal e posteriormente profissional que intrinsecamente despertava compreender porque meninos e meninas adolescentes eram constantemente assassinados nos bairros e periferias do Estado de São Paulo. Como não conseguiríamos analisar a violência letal contra crianças e adolescentes no Estado inteiro, delimitamos compreender os motivos pelos quais o extermínio ocorre no município de São Paulo. A dissertação foi dividida em três capítulos. O capítulo 1º analisou historicamente o desenvolvimento da infância e adolescência no cenário brasileiro. Este trajeto fez com que tivéssemos uma ideia de como as violações dos direitos das crianças e adolescentes, e a escassez de políticas sociais destinadas ao público podem contribuir para o assassinato destes sujeitos. Foram inúmeras formas de pensamentos e intervenções quanto as vulnerabilidades sociais referentes à infância e adolescência brasileiras. Disciplina; Coerção; Roda dos Expostos; Internato; Código do Menor; Declaração Universal dos Direitos das Crianças e Adolescentes; Assistencialismo; Filantropia; Caridade; FEBEM; Fundação CASA; Estatuto da Criança e do Adolescente; SINASE, e tantas outras. Com todo o material pesquisado, o segundo Capítulo analisou a violência letal contra crianças e adolescentes na cidade de São Paulo. Este estudo abordou a violência letal em todas as faixas etárias e regiões do país, levando em consideração todas as facetas existentes. Por fim, analisamos os dados da gestão entre 2012 a 2014 do PPCAAM/SP, que mostrou outros perfis de crianças e adolescentes sob risco de serem exterminados em São Paulo. Estes dados por si só já enriqueceriam o estudo, porém acreditamos que para desenvolvimento da pesquisa, foram realizadas entrevistas com profissionais de atuação no programa, e adolescentes que já estiveram ameaçados de morte. As entrevistas mostraram que segundo os adolescentes a morte chega a ser um “mero detalhe” nas comunidades de São Paulo, principalmente para aqueles envolvidos com alguma atividade ilícita. A ideia popular de que “bandido bom é Bandido morto” também atinge crianças e adolescentes. Ambos entrevistados afirmaram sentir isto na relação com a população e a polícia. Na concepção dos profissionais, questões de gestão e financiamento impedem o desenvolvimento do Programa, e a violência letal ataca ferozmente a adolescência
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Coscas-Williams, Béatrice. "La victime d'agression sexuelle face à la procédure pénale israélienne." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB181/document.
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Le 21 mars 2001, la loi relative aux droits des victimes d'infraction pénale 2001-5751 est adoptée. Fruit des mouvements féministes et des associations d'aide aux victimes, cette loi marque la reconnaissance par les institutions judiciaires et législatives de la nécessité d'adopter des droits en faveur des victimes d'infraction pénale en général et d'agression sexuelle en particulier. Elle institue, entre autres, le droit au respect, l'accès à l'information durant la procédure, la défense de la vie privée et le droit à la sécurité (face aux accusés ou à leur famille) des victimes d'infraction. Par ailleurs, cette loi énonce que les victimes d'agression sexuelle bénéficient de droits qui leurs sont propres, notamment celui de présenter leur avis à certains stades de la procédure pénale. Pourtant, cette loi ne possède pas de portée juridique obligatoire. La victime d'infraction pénale reste à l'écart de la justice pénale israélienne, sans véritable rôle autre que celui de témoin. Ce faible rôle de la victime semble reposer sur la particularité du système pénal israélien, qui respecte la tradition accusatoire. Selon ce modèle, le procès pénal oppose deux parties, l'accusation et la défense, qui doivent répondre d'un conflit devant une institution judiciaire impartiale, appelée à trouver la vérité à partir de la présentation de leurs arguments et de leurs preuves. Dans ce contexte, la victime n'est pas partie. Ce modèle s'oppose à la tradition inquisitoire, dans laquelle, la présence d'un juge actif participant à l'instruction et d'un juge de l'audience impartial et indépendant semble plus favorable à la participation de la victime. Pourtant, l'influence de ces modèles est moindre que par le passé, tout d'abord parce qu'il n'existe plus de système purement accusatoire ou inquisitoire, ensuite parce que les systèmes judiciaires respectant la tradition accusatoire dans leur pays ont adapté leur structure aux intérêts de la justice, mais aussi aux droits des victimes, notamment grâce à l'intégration des notions de procès équitable et de Due Process of Law. En Israël, cette évolution est plus mitigée. Ainsi, si le système judiciaire israélien reconnaît la victime comme sujet de la procédure, dans la pratique la rencontre avec les acteurs judiciaires est loin d'être facile, tout particulièrement lorsqu'il s'agit d'une victime d'agression sexuelle. En effet, ce type d'infraction repose souvent sur des préjugés et des stéréotypes contre les femmes. Le parcours de la victime d'agression sexuelle commence par le dépôt de plainte et la rencontre avec la police. Il se poursuit par la rencontre avec le procureur durant la phase d'enquête. N'étant pas représentée, c'est souvent seule ou assistée de simples bénévoles qu'elle se présente devant les acteurs de la justice. Lorsque la plainte n'est pas classée sans suite, le parcours de la victime continue par la rencontre avec le(s) juge(s) au cours du procès, durant lequel elle est interrogée par le procureur et contre-interrogée par l'avocat de l'accusé. Cette étape représente une nouvelle épreuve, et peut provoquer une victimisation secondaire, notamment lorsque l'avocat de l'accusé tente de la déstabiliser par ses questions. Ce parcours se termine par la sentence et par l'obtention, si la cour compétente le décide, d'une indemnisation au profit de la victime. L'enfant-victime bénéficie d'une procédure spécifique adaptée à ses besoins. Pourtant, qu'elle soit adulte ou enfant, la victime reste passive et subordonnée aux autres acteurs judiciaires pratiquement à toutes les étapes de la procédure. La victime d'agression sexuelle pourra-t-elle trouver une place active dans le cadre de la procédure pénale traditionnelle ? L'influence des autres systèmes juridiques qui ont su s'adapter pour intégrer le droit des victimes, et l'émergence de nouvelles pratiques telles que la justice restaurative pourraient permettre une évolution concernant le traitement de la victime d'agression sexuelleOn the 21st of March 2001, the "Rights of Victims of Crime Law", which acknowledges the existence of victims in the criminal procedure, was passed. This law, which is the fruit of the intervention of the feminist and the human rights movement, finally recognizes the necessity of granting rights to victim of crime in general, and the victim of sexual offences in particular. The "Rights of Victims of Crime Law" included a series of rights for victims during the different stages of the criminal proceedings such as free access to information, the protection of their privacy and the right to be protected inside and outside of the court from intimidation by offenders and their families. Likewise, victims of sexual offences may receive information, and express their opinions, under specific conditions at different stages during the trial and in cases where a plea bargain is struck between the offender and the prosecutor. Despite this new law, the victim's participation in the process remains symbolic. The victim remains on the sidelines of the Israeli criminal justice system, with no active role at any stage of the criminal process. The only real players are the public prosecutor, the accused and his or her lawyers. It seems at first glance that the fact that the victim does not participate in the criminal process is based on the characteristics of the Israeli criminal system as an adversarial system. As an adversarial system of law, the Israeli criminal system consists of two parties only, which are equal: the prosecution and the accused seeking to resolve a dispute before a passive judge, interested in discovering the procedural truth. In this system, there are two parties, the defense and the prosecution, the victims only representation being as a witness. However, we have seen that during the last thirty years, in countries utilizing a similar legal system, a clear evolution in victims' rights based on the Due Process of Law and a fair trial for the accused and for the victims of sexual abuse. In some of these countries, victims have profited from an effective role during the proceedings. The journey of the victims of sexual offences in the criminal court, from the filling of a complaint with the police, to the meeting with the prosecutor and judges, until the sentence, is not easy, considering that he or she is not represented by a lawyer. Moreover, the domain of sexual offences is laden with stereotypes that the victims have to deal with. If "The Rights of Victims of Crime Law", try to ease the process for victims, the victims' participation is weak and depends on the will of the prosecutor. Moreover, the opinion of the victim does not have any bounding value. In fact, this law does not provide standing or remedies for victims rights violation. The traditional Israeli criminal system does not satisfy the need for victims of sexual assault to express human feelings during the stages of the criminal process, and may lead in certain case to secondary victimisation. Therefore, it is interesting to consider if the Israeli criminal prooceedings could be influenced by other systems of law which have succeeded in granting effective rights to victims, and whether the social and juridical evolution of Israeli society might offer progressively a forum to victims, notably with the utilization of restorative justice
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Stickels, John William 1957. "Victim satisfaction: a model of the criminal justice system." Thesis, 2003. http://hdl.handle.net/2152/979.
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Ogden, Edward. "Satanic cults: ritual crime allegations and the false memory syndrome." 1993. http://repository.unimelb.edu.au/10187/2826.
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My interest in criminology was inspired by Dennis Challinger who tolerated a student taking ten years to finish the Diploma in Criminology, and Stan Johnson who encouraged broad-mindedness to which I was unaccustomed. Stan challenged my attitudes, beliefs and conclusions. My interest in cults was inspired by Anne Hamilton-Byrne whose "children'" especially Sarah, taught me a great deal. They introduced me to their personal experience of growing up in strange isolation from the world. I received assistance and constructive criticism from the police Task Force investigating the Hamilton-Byrne “Family” especially Detective Sergeant DeMan. I began this task searching to understand “The Family”, its origins and its meaning. The path towards an understanding of cults took me in unexpected directions. I learned about the Satanic allegations and began accumulating material. Initially, some therapists with an interest in this area saw me as a potential ally, but as I began to question there assumptions I was rejected as a disbeliever, on the basis that “anyone who is not with us, must be against us”.
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Reda, Asefach Haileselassie. "An investigation into the expriences [sic] of female victims of trafficking in Ethiopia." Diss., 2012. http://hdl.handle.net/10500/6043.
Full textAbstract:
The purpose of this study is to tell the story of female victims of human trafficking from Ethiopia. It pertains to the cause of trafficking and how it affects their social and emotional wellbeing. The study is conducted in light of constructivist framework and involves in-depth interviews with five returnees whose experiences as victims are explored. This is done to get insight into the challenges faced by the wider population. Themes evident in the stories are discussed in line with relevant literature. The study shows lack of job opportunities, limited income and false promises made by brokers as the major factors drawing women into human trafficking. The findings also show that even after return, the victims experience further difficulties due to post-traumatic psychological factors. Looking at the significance of the research outcome, the gleaned information could be of value for organizations working on migration and countering human trafficking.Investigation into the experiences of female victims of trafficking in Ethiopia
Experiences of female victims of trafficking in Ethiopia
Female victims of trafficking in Ethiopia
Psychology
M.A. (Psychology)
31
Mbatha, Khonzanani. "Sex workers as free agents and as victims : elucidating the life worlds of female sex workers and the discursive patterns that shape public understanding of their work." Thesis, 2019. http://hdl.handle.net/10500/26840.
Full textAbstract:
In South Africa and many other countries worldwide, sex work is criminalised. This
invariably seems to lead to back-door prostitution - an unregulated industry where sex
workers are vulnerable to being exploited by pimps, brothel owners and law enforcement
officers. In discussions about sex work and sex workers, two dominant views are evident: a)
Sex workers freely choose to sell sex as a good way of earning an income; or b) sex workers
are victims of their circumstances who are driven into the industry through direct coercion or
as a result of dire poverty. Together, these views lead to an ideological trap in terms of which
sex workers have to be perceived either as having agency and free will or as being helpless
victims in need of rescue. My aim in this thesis was to problematise, deconstruct and
reconstruct the discursive field within which sex work is embedded, in order to move beyond
agency-victimhood and similar binaries, and in the hope of developing new ways of talking
about prostitution that acknowledge the complexity of the sex industry rather than
shoehorning it into preconceived categories. Social constructionism (epistemology), critical
social theory (ontology) and discourse analysis (methodology) were interwoven in order to
provide a broad, critical understanding of prostitution. Two data sources were used to gain
access to and unpack the life worlds of sex workers: Semi-structured interviews with five sex
workers in Johannesburg and the “Project 107” report on adult prostitution in South Africa.
Foucauldian discourse analysis was used to make sense of the data, including an analysis of
how concepts such as governmentality, power, confession, surveillance and technologies of
the self can be applied to contemporary texts about prostitution. The “Project 107” report
recommended that prostitution should not be decriminalised, and that sex work should in fact
not be classified as work; instead, it proposed a ‘diversion programme’ to help sex workers
exit the industry. I show how, in doing this, the report appears to hijack feminist discourses about sex workers as victims in order to further a conservative moral agenda. The sex
workers I spoke to, on the other hand, demonstrated an ability to take on board, and to
challenge, a variety of different discourses in order to talk about themselves as
simultaneously agentic and constrained in what they can do by unjust social structures. I
show how, from a Foucauldian perspective, sex workers can be seen not as pinned down at the bottom of a pyramid of power, but immersed in a network of power and knowledge,
enabled and constrained by ‘technologies of the self’ to assist in policing themselves through
self-discipline and self-surveillance to become suitably docile bodies within the greater
public order.Psychology
D. Litt. et Phil. (Psychology)
32
Bekink, Mildred. "The protection of child victims and witnesses in a post-constitutional criminal justice system with specific reference to the role of an intermediary : a comparative study." Thesis, 2016. http://hdl.handle.net/10500/22774.
Full textAbstract:
It is common knowledge that owing to their particular vulnerability children worldwide falls prey to physical and/or sexual violence in the home and/or community or witness criminal acts. Consequently children are called upon to testify in a court of law to cruelties or acts of violence. As a result of their developmental shortcomings and immaturity, children find the criminal justice system extremely intimidating and challenging. The importance of realising a justice system that not only affords an accused person the right to a fair trial but also protects and safeguards the rights of the child victims of and witnesses to the crime is thus indisputable. The purpose of this research was therefore to assist the South African criminal justice system in its on-going challenge to find a balance between the right of the accused person to a fair trial and the protection and safeguarding of the rights of child victims and child witnesses. The protection and safeguarding of the rights of child victims and child witnesses in terms of the South African Constitution, applicable domestic law and international instruments relating thereto were extensively discussed and shortcomings identified. Possible solutions to ensure that child witnesses and child victims are adequately protected and supported during the trial stage of the criminal process were advanced. Particular emphasis was placed on the role of an intermediary in assisting child victims and child witnesses during the court process. Comparative research on the protection of child victims and child witnesses in the criminal justice systems of New Zealand and Namibia were also conducted. Conclusions drawn from comparative studies were used to recommend appropriate changes to the current system. It is submitted that the adequate protection and safeguarding of the rights of child victims and child witnesses are dependent not only on sound legal principles but also on governmental and other involved stakeholders’ commitment toward the realisation of these rights. In order to give proper effect to the protection and safeguarding of child victims’ and child witnesses’ rights, it is proposed that the recommendations made throughout this study should be adopted and implemented. In this regard the role of an intermediary is crucial and the use of intermediaries should be promoted.Private Law
LL.D.
33
Bukau, Susan Charlotte. "Kinders as slagoffers van seksuele misdade." Thesis, 2003. http://hdl.handle.net/10500/1478.
Full textAbstract:
Text in AfrikaansIn this dissertation the legal position with regard to children as victims of sexual crimes is examined in South Africa, England, Canada, Australia and New Zealand. Sexual crimes with children are a serious and widespread international problem. The purpose of this study is to identify deficiencies / gaps in the South African law. Children are not only the victims of the sexual crimes, but they are exposed to further trauma whilst giving evidence. Their best interests are also often not taken into proper consideration during the sentencing phase. In is in the interest of justice that children=s interests must be taken into account the whole time. In terms of international conventions and charters State parties are required to protect children against all forms of discrimination, violence, abuse and exploitation. Children may not be exposed to any sexual crimes, because these activities violate their right to bodily (and psychological) integrity, human dignity and privacy. In order to acknowledge the importance of children=s best interest, priority must be given to all cases in which children are the victims and their unique characteristics, age and development must be taken into consideration. This will ensure that they are not further victimized during the trial. Deficiencies in the Criminal Law are addressed by proposing new definitions, for instance for rape and incest. Shortcomings in the Procedural Law are identified and recommendations are made especially with regard to the alternative measures by which children can testify. Guidelines are also suggested for admissible cross-examination. New sentencing options are recommended and possible aggravating circumstances which ought to play a role during the consideration of a suitable and just sentence for sexual crimes with children are suggested.
Criminal & Procedural Law
LL.D.
34
Hsieh, Kuo-Shiung, and 謝國雄. "Research on Raising Legal Status of Criminal Victims." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/nur42m.
Full textAbstract:
碩士銘傳大學
法律學系碩士在職專班
106
The purpose of criminal proceedings is nothing more than "true discovery" and "human rights protection." The Constitution is the fundamental law of the country. When interpreting and applying the law of criminal procedure, it should be based on the Constitution. The basic rights and basic principles involved are the subject. There are the right to sue in Article 16 of the Constitution and the principles of due process and fair trial in Article 8 of the Constitution. The procedural rights guaranteed by its Article 16 are interpreted by the Interpretation of the Interpretation of the Justices of the Constitutional Court,Judicial Yuan,R.O.C. No. 466, as follows: “The people have the right to sue to ensure that the people can legally institute proceedings and receive fair trial”. "Fair trial" was previously referred to as "due legal process" and the defendant had the right to get information, statement of opinion, defense and presence under the due process of law in the criminal proceedings, the right to claim evidence of investigation, the right to confrontation question, the right to remedy, etc. Rights, as well as the procedural principles of "not self-incriminating," "presumption of innocence," and "benefit of doubt belong to defendant," are based on the "real discovery" and "human rights protection" pursued by criminal justice. It is worth pondering that the so-called "human rights protection" should not only protect the human rights of the defendant but also protect the human rights of the victim of the crime. When pursuing procedural justice in order to truly practice substantive justice, it is necessary to take into account the "procedural justice" of the victim of a crime so that he also has certain procedural rights in the criminal proceedings, so that it can achieve the concept of near substantive justice, that is, the purpose of criminal justice should also serve the purpose of safeguarding social order and restoring social peace. Therefore, in the general direction of pursuing a fair trial, it should take into account the protection of the human rights protection of criminal victims and defendants or criminal suspects in criminal proceedings. Therefore, the state should be based on the principle of fairness and justice, giving victims of crime appropriate rights and protections in criminal procedures, and improve their status in the criminal proceedings, in order to stabilize the society and people's hearts, and appease the victims. Today, as the international community continues to pay attention to issues related to the protection of the rights of victims, the status of victims of crime has gradually increased in the status of the law, and the protection of rights of victims of crime has also been promoted under the protection of the legislation on protection of the rights of victims. It has been gradually implemented in the stage of legislative protection. Therefore, I would like to discuss the rules and regulations of all circles at home and abroad, and select one of them for reference. I would like to put forward research conclusions and recommendations, so that criminal proceedings comply with fair courts, fair trials, and to achieve discovering truth and safeguard human rights. The purpose of criminal proceedings.
35
Fourie, Christine. "Guidelines in supporting the sexually abused adolescent who testifies in court." Diss., 2007. http://hdl.handle.net/10500/1305.
Full textAbstract:
The researcher identified in her work as a social worker that sexually abused adolescents experience difficulties with testifying in court. The goal of this research was directed at developing guidelines to assist adolescents who have to testify in court.
The researcher utilised the qualitative research approach with an exploratory and descriptive nature. Semi-structured interviews were done with a sample of adolescents who have testified in court, a sample of parents or caregivers of adolescents who have testified in court and social workers working with adolescents who testify in court. These interviews were conducted to gain insight into how the research participants experienced the court process in order to formulate guidelines for adolescents who have to testify in court.
The researcher concluded that adolescents experience testifying in court as negative. Guidelines were developed from the information obtained from the research participants to support adolescents who has to testify in court.Social work
M.Diac. (Play therapy)
36
Tanfa, Denis Yomi. "Crimes against children in Gauteng." Diss., 2004. http://hdl.handle.net/10500/1310.
Full textAbstract:
The study provided a general orientation of crimes against children in South Africa to buttress the rationale of the research. A concise definition of crime, child, child abuse, sexual child abuse, physical child abuse, victims and perpetrators of sexual crimes against children. The research described the various forms of crimes against children in Guateng, the causes and explanations. An interpretation of the empirical study was provided in this research. It focussed on the perpetrators and victims of child sex crimes. The types of offenders, the motives and theoretical explanations of their behaviour. The modus operandi of the perpetrators found in the empirical study. The various characteristics of victims and perpetrators, the legal processes in the adjudication of child sexual offenders. The research examined some of the prevention strategies of child sexual crimes. Findings of the empirical research are provided.Criminology
M.A. (Criminology)
37
Yo-MingTsai and 蔡佑明. "The Legal Status of Corporate Responsible Persons as Guarantor in Terms of Preventing Crimes from Being Committed by Subordinates." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/96968908395436777029.
Full textAbstract:
碩士國立成功大學
法律學研究所
98
Enterprise crime had been a field that can't be ignored in interpretation of criminal law already. We discussed the issue with heavy dispute – the enterprise director as guarantor statuses to prevent from their subordinate encroach to others legal rights that out of enterprise. Chapter One is an introduction, including research motive, purpose, domain, chapter structure and explanations for practice concept, follow by the discussion on the questions to embodiment way by real-cases. The steps as following: (1) We discussed the annotation for non-pure non-performance crime as guarantor. (2) Then we assess the responsibility that may apply to enterprises director to his subordinate who commit crimes. (3) Further, we focus on the enterprise director as guarantor statuses that established in accordance with the supervise legal to prevent from their subordinate who commit crimes. Chapter two, we introduced different method of non-pure/non-performance crime as guarantor, and position on each questions relevant to issues, been the prerequisite for following discussing with style of writing development. Hereby, we adopt usual opinion as the prerequisite of organizing discussion to discuss the source of guarantee statuses. Chapter three, we treat all types of basis for the enterprise director as guarantor statuses to prevent from their subordinate who commit crimes, the basis including dangerous before-behavior, dangerous source supervising, and advocate by Schunemann, different from usual opinion, be able to think on the opinion of establishment according to the domination authority in enterprises. Dangerous before-behavior and guarantor status in accrodende with domination authority, can’t explain or can’t include the enterprise of responsibility fully, on the contrary, the legal principle of dangerous source supervising, can preliminary set up whom the responsibility and it’s exist getting proper. Chapter four, under the prerequisite of chapter three discussing, we further treat the enterprise director as guarantor statuses to prevent from their subordinate who commit crimes that established by person under the legal principle of dangerous source supervising, that includes the self-criticism of the principle self-responsibility, and in the whole society is related, enterprise director which prevent crime from their subordinate who commit crimes in the appropriate discussion. Finally, we returned to the primitive meaning of the legal principle in the dangerous source supervising and complete the whole legal rank to judge for value on this question. Chapter five discuss under the legal principle of dangerous source supervising, we treat all dangerous source supervising the enterprise director as guarantor statuses to prevent from their subordinate who had crimes that established by thing. The main issue in this throry was the definition of dangerous thing. So we think, enterprises action is essential but indispensable role in the economics society now, and often become main encroaches media or tool on others rights, especially in encroaching on the economic rights of economic crime, this kind of situation is particularly serious. Under this situation, enterprises should be taked as the dangerous source that may cause to encroach on ones legal rights, and it sould be supervised by the enterprises direct. In other words, whole enterprises can be taked as a dangerous source, and is not merely limited to the traditionally generally concrete thing. Chapter six is a conclusion.
38
Swan, Sarah Lynnda. "Law's Erotic Triangles: A Conversion, Inversion, and Subversion." Thesis, 2016. https://doi.org/10.7916/D82B8Z2M.
Full textAbstract:
The erotic triangle, in which two men compete for a desired woman, is a foundational archetype of Western culture. This dissertation, through its three separately-published articles, examines how this cultural archetype is manifested in law and legal structures, and the relationship between law’s erotic triangulations, gender inequality, and third-party responsibility. Each of the three articles of this dissertation focuses on a different manifestation of third-party responsibility, and each offers its own self-contained argument. At the same time, the “graphic schema” of the erotic triangle analytically enriches each of them. The erotic triangle is a “sensitive register […] for delineating relationships of power and meaning,” and using it in this context illuminates the shifting ways gender, power, and legal responsibility circulate in these male-female-male legal structures. Together, the articles suggest that law both replicates and reproduces erotic triangulations in ways that contribute to gender inequality, but also that it may be an important site for their renegotiation.
The first article, A New Tortious Interference with Contractual Relations: Gender and Erotic Triangles in Lumley v. Gye, explores how the tort of interference with contractual relations was created out of a factual scenario involving an erotic triangle (two rival opera-house managers competing for the services of a renowned chanteuse). The court converted past regulations of erotic triangles (in particular, criminal conversation, which allowed a husband to bring an action against a man for sexual interference with his wife) into a new cause of action, one which removed a triangulated woman’s responsibility for breaching a contract, and instead assigned responsibility to the man who induced her to breach. While this first iteration involves the removal of responsibility from a triangulated woman, the second article, Home Rules, involves an inversion of this responsibility allocation: here responsibility is removed from a usually male wrongdoer and instead imposed upon a triangulated woman. Home Rules examines how, through a series of ordinances, local governments are imposing responsibility on female heads of household for the wrongful actions of their typically male household members. In so doing, local governments disrupt kinship structures and assert the state’s dominance over the family and intimate life. The third article, Triangulating Rape, evidences a more positive shift in responsibility. It traces the transformation of rape law as a progression from a tradition of erotic triangulation to a subversion thereof. Unlike the historical rape law triangle, in which rape is legally constructed as a wrong that one male does to another through the body of a woman; and unlike the criminal rape law triangle, in which rape is legally constructed as a wrong that one man does to the state through the body of a woman; civil actions in which women bring claims against both perpetrators of sexual assault and the third-party entities that facilitate or fail to prevent those assaults allow harmed women to assert their own subjectivity and climb out of their traditionally passive role in the erotic triangle. In so doing, this reconfigured triangulation ultimately challenges the gender status quo that produces sexual harms, and suggests that subverting the usual functioning of triangulated patterns may hold promise as a tool of social change.
39
Macharia, Rosalid Nyawira. "The application of the best interests of the child principle to protect the interests of children in armed conflict situations." Thesis, 2015. http://hdl.handle.net/10500/18821.
Full textAbstract:
This study aims at testing the applicability of the universal standard for protection of
children, ―the best interests of the child principle‖, to children caught up in armed conflict
situations.
The study introduces the effects of armed conflict on children by discussing two case
studies of conflicts situations, namely Somalia‘s situation under the Al Shabaab and the
LRA as it formerly operated in Northern Uganda. Heart-breaking narrations of child
victims are given prominence to show the invalidity of ―best interests‖ principle in conflict
situations.
It acknowledges that the ―best interests‖ principle is a good tool for enforcement of
children rights. It analyses the theory of rights in general so as to explain the origin and
importance of rights. Since children‘s rights are part and parcel of human rights, the
study also looks at the international human rights and the regional and international
enforcement mechanisms, though not in details.
This study looks at the various theories justifying the existence of children‘s rights, and
the dichotomy between rights and interests. It also addresses the protection of children
rights and the various discourses advocating for or negating children‘s rights. It
explores the age question with regard to enforcement of children‘s rights based on the
fact that childhood is a dynamic period.
It also critically analyses the ―best interests‖ principle and the various alternative
standards that have been advanced. It concludes that despite the various criticisms,
the ―best interests‖ principle still obtains the better standard for protection of children‘s
rights in peace times subject to being complemented by other rules. The study also
focuses on protection of children under the International Humanitarian Law with specific
focus on civilian protection during armed conflict. It also focuses on the progress made
in international efforts to protect children from the effects of armed conflict.
Finally, reasons are advanced as to why the Best Interests Principle is not applicable in
armed conflict situations, and an alternative standard proposed.Public, Constitutional, & International Law
LL.D.
40
Motta, Francesco Pietro Alessandro. "The legal protection of civilians in armed conflict and military occupation : international humanitarian, human rights, and criminal laws, and the protection of civilians in the Israeli occupied Palestinian Territory, Afghanistan and Iraq." Phd thesis, 2012. http://hdl.handle.net/1885/156329.
Full textAbstract:
This thesis examines the international legal framework for the protection of civilians in military occupation and armed conflict, and whether it sufficiently provides for appropriate legal (and factual) protection to civilians. The situations of Palestinians living in the Israeli occupied Palestinian territory (oPt - Palestine) and civilians subject to the armed conflicts and military occupations in Afghanistan and Iraq, and the legal protections offered to them by International Humanitarian Law (IHL), international human rights law (IHRL), and accountability mechanisms under international criminal law (ICL) are specifically examined. IHL and IHRL apply concurrently in military occupation and armed conflict, although IHL serves as the lex specialis. However, IHL and IHRL have largely failed to provide Palestinians minimum safeguards because of Israel's view that, except for principles of IHL embodied in customary international law, no IHL or human rights treaties apply to Palestinians living in the oPt. On Afghanistan and Iraq, the factual application of principles of IHL and IHRL to protect civilians and non-combatants remains problematic owing to factors, including: arguments about when international armed conflict, military occupation, and non-international armed conflict commenced and ended, and the content of applicable rules; the existence of weak central governments which cannot ensure application of the rules by their security forces in conflict areas; the non-application of human rights standards by the International Military Forces (IMF) in military operations; and non-State actors participating in hostilities who do not view themselves as bound by the relevant rules. The lack of consistent adherence to applicable norms or narrow interpretations of obligations by responsible actors, and lack of consistent enforcement or accountability at the national and international levels through the UN Security Council, the International Court of Justice or the International Criminal Court, or the lack of diplomatic, political, economic or legal action by the international community, means that application of the rules protecting civilians are largely left to the will of the parties (both State and non-State). International criminal law, as an accountability mechanism, is also problematic. Not all States are signatories to the ICC Statute, and its jurisdiction only becomes active if the relevant State is unwilling or unable to deal effectively with alleged breaches. Furthermore, very few States are willing to accept universal jurisdiction in relation to non-nationals accused of committing breaches or violations without a sufficient connection to their jurisdiction. To address the gap between the legal and factual protection of civilians, greater coherence and effective action by the international community is required to ensure respect and implementation of the rules and effectiveness of mechanisms of accountability and redress. Until such seriousness of intent is exhibited, legal protections offered to civilians living under military occupation or armed conflict will remain deficient- leaving civilians to continue to suffer disproportionately, such as in Afghanistan and Iraq, and particularly the Palestinian people, many of who have endured 60 years of displacement and 45 years of occupation, with little respect for their protection or their legal rights and with little prospect of redress in sight.
41
Mollema, Nina. "Combating human trafficking in South Africa: a comparative legal study." Thesis, 2013. http://hdl.handle.net/10500/10189.
Full textAbstract:
This research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive diachronic as well as contemporary overview of the punishment and prevention of human trafficking in South Africa as well as in the legal systems of the US, Germany and Nigeria is provided.
An overview of the history of slavery and an analysis of the modern conceptualisation of human trafficking indicate that human trafficking is a highly complex concept, and that there are various approaches to the understanding of the concept of human trafficking. There are various definitions of trafficking found in international instruments of which the most important has been identified as that contained in the Palermo Protocol. The definitions vary also because trafficking is closely related to the phenomena of migration, slavery and smuggling of humans. The study further identifies some significant root causes of trafficking generally, as well as specific, to the four selected regions. It was found that in South Africa – similar to the history of slavery in the jurisdictions of the US, Germany and Nigeria – colonisation and the institution of slavery and, more particularly in South Africa, the legacy of the apartheid regime has had an impact on modern human trafficking.
The research concedes that although common-law crimes, statutes and transitional legislation can be utilized to challenge some trafficking elements, these offences are not comprehensive enough to amply deal with the crime’s complexities and provide only a fragmented approach to combating the crime. The study shows that South Africa needs to adopt specific and comprehensive anti-trafficking legislation that is based essentially on the provisions of the Palermo Protocol, that is, the draft TIP Bill. Although the Bill is a major improvement on the provisions in the Palermo Protocol as well as on certain aspects of the anti-trafficking legislation in the US, Germany and Nigeria, the Bill can still be improved, especially with regard to more effective victim assistance and the combating of local-specific vulnerability factors. Anti-trafficking efforts undertaken in the US, Germany and Nigeria which may be of value also for the adoption of anti-trafficking legislation, law enforcement and other strategies in South Africa, are further identified.
iv
The research further establishes also that international, regional and sub-regional instruments on trafficking and related aspects of trafficking provide guidelines for developing effective strategies to deal with trafficking within the region. The counter-trafficking strategies as found in treaties (including conventions), protocols, declarations and resolutions – those focussing specifically on combating trafficking and those with a human-rights focus – oblige states to prosecute traffickers, protect people vulnerable to trafficking as well as those already trafficked and create structures for prevention. Regional instruments specifically formulated to combat trafficking as well as instruments that make reference to the issue of trafficking in persons may further provide the basis for long-term strategies to combat human trafficking. However, it was found that although South Africa has adopted many cooperative mechanisms in the form of direct bilateral or multilateral agreements, as well as international and regional treaties and conventions, the jurisdiction has not as yet implemented comprehensive strategies to combat human trafficking. The introduction of legislation to combat human trafficking, and various other strategies envisaged in the TIP Bill and also recommendations suggested in this thesis, should be considered by parliament as a matter of priority. A comprehensive response to human trafficking which includes adequate protection of victims is required in terms of various constitutional imperatives identified in this research.Criminal & Procedural Law
LL.D.
42
Pillay-Ramaya, Meeroshni. "Reflections on the legal and psychological constructions of women's resistance to sexual harassment." Diss., 2015. http://hdl.handle.net/10500/20105.
Full textAbstract:
Despite the extensive research conducted on sexual harassment, very little work has
focused on the legal and psychological constructions of women's resistance to
sexual harassment. In exploring the legal and psychological constructions of
women's resistance to sexual harassment, we are confronted with salient issues
pertaining to the determination of the welcomeness requirement which call for a
reflection.
A key characteristic of sexual harassment is that it is unwanted by the recipient. It is
for each person to decide what behaviour is acceptable to them and what they regard
as offensive. Thus, although there is general agreement about what can constitute
sexual harassment, the experience of sexual harassment is subjective in nature and
the precise quantification of workplace sexual harassment is problematic.
The present study aims to: (a) identify the reasoning/history behind the
"unwelcomeness/unwanted" requirement, (b) assess the reasonableness of· the
requirement of "unwelcomeness/unwanted" conduct, taking into account the various
pieces of legislation and case law, (c) determine how the courts have interpreted this
requirement and what factors are looked at, (d) determine whether the test is
subjective or objective, (e) identify the struggle and debilitating effects sexual
harassment has on women in the workplace.
The results of this study will assist in gaining knowledge and understanding of the
concept of "unwelcomeness/unwanted" conduct in sexual harassment cases and the
effects it has on the victim which will go a long way in assisting management in any
business to effectively implement strategies and disciplines to manage the problem
of sexual harassment in the workplace.Private Law
LLM (Labour Law)
43
Groenewald, Johanna Jacoba. "Evaluation of programmes of shelters for victims of abuse in Gauteng Province." Diss., 2006. http://hdl.handle.net/10500/2371.
Full textAbstract:
This study outlines the results of an evaluation of programmes through a developmental quality assurance process within shelters for abused women and their children in Gauteng Province.
The survey obtained the attitudes and opinions of the social workers/social auxiliary workers and shelter managers towards their services.
The study reflects empirical findings as well as strengths and developmental areas within these shelters.
The results from the study indicate that shelters for abused women and their children are functioning well. However, the Minimum Standards for Shelters are not fully adhered to. Therefore, internal and external evaluations should be used by shelter managers to evaluate their own performance and to improve service delivery.Social Work
MA(SS) (Social Work)
44
Chembe, Phyllis Kedibone. "Human trafficking in Southern Africa: the need for an effective regional response." Diss., 2016. http://hdl.handle.net/10500/23739.
Full textAbstract:
Human trafficking is an old practice that has become a matter of global concern irrespective whether a country is a country of origin where people are trafficked from; a country of transit where people are trafficked through and a country of destination where people are trafficked to. In 2009, the UN Office on Crime and Drugs stated that 66% females, 22% of children and 12% of men are trafficked. In Africa, human trafficking is identified as a problem in roughly one in three of the countries. According to the Salvation Army, at least 2,000,000 people are trafficked each year and of the estimated number, Africa accounts for 450,000. Furthermore, statistics reveal that 30% of cases handled by the Southern Africa Counter-Trafficking Assistance Programme (SACTAP) involved SADC nationals.
The purpose of this study was therefore to determine whether there is a need for an effective legislative response to human trafficking in SADC. This was established by tracing the evolvement of trafficking from its conceptualization as slavery to its evolvement to human trafficking. Further, by investigating the measures taken within the SADC region to address human trafficking both at the national and regional levels and a comparative study between different regions and between selected SADC countries was conducted.
In the summary of key findings, it was found that the definition of human trafficking as laid out in the Palermo Protocol cannot sufficiently and adequately combat human trafficking in SADC countries in its current form due to a number of reasons. Furthermore, at the institutional level it was found that the Protocols adopted by SADC do not afford all victims of trafficking protection and the Plan of Action is non-binding and faces implementation problems. At SADC country levels it was found that although twelve of the fifteen countries adopted anti-trafficking legislation, these countries struggle with compliance and implementation mechanisms, which show, that mere passing of legislation does not automatically translate to compliance.
This study therefore concluded by proposing a number of options that can be explored in order to effectively prevent, and combat human trafficking in SADC. Even though this study does not offer a blueprint solution, it contributes towards the development of a model that will better be suited to address human trafficking problems at the SADC level.Public, Constitutional and International Law
LL. M.
45
Lüneburg, Liezel. "Die impak van die MIV/VIGS-pandemie op sekere aspekte van die Suid-Afrikaanse kinderreg." Thesis, 2008. http://hdl.handle.net/10500/2419.
Full textAbstract:
Text in AfrikaansDie MIV/vigs-pandemie in Suid-Afiika- van die ergste in die wereld- toon geen tekens van afname nie. Miljoene kinders is reeds of wees gelaat of hewig geaffekteer deur die magdom impakte daarvan op gesinne en gemeenskappe. Die epidemie het voortdurend stygende sterftesyfers tot gevolg en die hewige las van die siekte rus swaar op MIV-positiewe sowel as MIV-negatiewe individue. Verder word tradisionele ondersteuningsnetwerke oorbelaai en/of gaan hulle tot niet. Gesinne en gemeenskappe verloor hul ekonomiese, sosiale en kulturele lewensvatbaarheid. Die pandemie hou, veral onder die armes, 'n geweldige bedreiging vir die gesondheid, welstand en regte van babas, kinders en jongmense in. 'n Groot gedeelte van die impak van MIV/vigs hou verband met die feit dat sommige kinders en hul gesinne beperkte toegang tot die elemente van 'n gesonde omgewing en goeie gesondheid het. Regerings, gemeenskappe en gesinne wat deur MIV/vigs geraak word, het minder tyd, energie en finansiële hulpbronne beskikbaar om op voorkomende gesondheidsorg te fokus. Benewens die impak op gesondheidstatus, word kinders se omstandighede ook as gevolg van MIV/vigsverwante probleme bemoeilik. Dit sluit verhoogde gesinsarmoede, 'n hoer risiko van verlating en weeslating, geforseerde migrasie, onterwing, sielkundige trauma, uitsluiting en diskriminasie, en fisiese en seksuele mishandeling in. Die derde vlaag van die epidemie, welke vlaag nou betree word, word gekenmerk deur 'n ontsettende hoe sterftesyfer, 'n ontploffing in die getal sorgbehoewende en weeskinders en 'n verhoging in menslike pyn en lyding. Die reg speel 'n baie belangrike rol in die beperking van hierdie impak van die MIV/vigs-pandemie op die lewens van alle kinders. MIV/vigs-reg is in die proses van evolusie of vorming en reeds bestaande teorieë kan aangewend word ten einde sekere vrae te beantwoord en probleme daaromtrent aan te spreek. Tog is daar 'n dringende behoefte aan MIV/vigs-spesifieke wetgewing en teorieë ten einde die impak van die pandemie op alle vlakke suksesvol te beheer. Verder het die Kinderreg so 'n mate van ontwikkeling bereik dat daar algemeen aanvaar word dat kinders 'n spesiale belangegroep binne die gemeenskap vorm. Die regsreëls met betrekking tot kinders verander gedurig en is ook nie geskik om volgens die tradisionele wyse, as privaat- of publiekreg, geklassifiseer te word nie. In die hieropvolgende proefskrif word die impak van MIV/vigs op sekere publiekregtelike, maar oorwegend privaatregtelike aspekte van die Suid-Afiikaanse kinderreg ondersoek, sowel as enkele metodes waarop die reg moontlik hierdie impak kan absorbeer en hanteer. Daar word ook in aparte hoofstukke na die impak van MIV/vigs op die lewens van kinders. sorgbehoewende kinders, egskeiding en die ouer-kind-verhouding verwys The HIV/aids pandemic in South Africa - one of the worst in the world - does not seem to be decreasing. Millions of children have already been either orphaned or heavily affected by the numerous impacts on families and communities associated with it. The epidemic brings on an ever-increasing mortality rate and the extreme burden thereof weighs down heavily on HIV-positive as well as HIV-negative individuals. Traditional support networks are further being heavily burdened or perish entirely. Families and communities lose their economical, social and cultural viability. The pandemic threatens, especially among the poorest, the health, wellbeing and rights of infants, children and young people. The impact of HIV/aids is to a great extent the result of the fact that some children and their families do not have sufficient access to a healthy environment and good health. Governments, communities and families affected by HIV/aids have less time, energy and financial resources available in order to enable them to focus on preventive healthcare. In addition to the impact on health status, children's circumstances are also being encumbered by HIV/aids-related problems, including family poverty, a higher risk of being abandoned or orphaned, forced migration, disinheritance, psychological trauma, ostracism and discrimination and physical and sexual abuse. The third wave of the epidemic, which wave is presently being experienced, is characterised by a high mortality rate, an increasing amount of children in need of care and orphaned children and an increase in human pain and suffering. The law plays an important role in the limitation of the impact of the HIV/aids pandemic on the lives of children. HIV/aids law is in the process of evolution or forming and existing theories can be used in order to answer certain questions and address certain issues relating to it. However, there is an urgent need for HIV/aids-specific legislation and theories in order to successfully manage the impact of the pandemic on all levels. Child law has also reached such an extent of development that children is now viewed as a special interest group within the community. The legal principles regarding children change constantly and cannot be classified in the traditional way, which is either as private or public law. In this thesis the impact of HIV/aids on certain aspects of the public and private law pertaining to children is examined. Ways in which the impact can be absorbed and managed by the law is also examined. The impact of HIV/aids on divorce, the parent-child relationship, children in need of care, and the impact of HIV/aids on the lives of children is examined in separate chapters.
Jurisprudence
LL. D.