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1
Badr, Yasmine. "The foetus in Sunnī Islamic law : an introduction". Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33868.
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The foetus and its legal status in Sunni Islamic law constitute the topic of this thesis. This topic was chosen due to two main reasons. First, it is a topic of great social relevance, particularly with regards to the issues of abortion, ensoulment and foetal rights. Second, it is a topic that has received scant scholarly attention. Indeed, we find that many scholars deal with issues related to the foetus such as inheritance, bequests and blood-money inter alia in their discussions of such issues. We do not find a work concentrating solely on the foetus, thereby gathering many rulings concerning it in a single oeuvre. Hence, given the current state of scholarship as well as the social relevance of the rulings concerning the foetus, this topic was chosen as the main theme of this thesis.This thesis explores the different tools utilized by jurists to arrive at these rulings. It tackles the issues of conception, ensoulment, abortion and gestation before proceeding to the rulings concerning the foetus' parentage, inheritance and blood-money. In doing so, it resorts to fiqh books from the four Sunni schools of law. It argues that the foetus was recognized as a "person" under the law and that great effort was extended towards securing many rights in its favour.
2
Herauf, Todd J. "Immunity for New Mexico Public School Districts and the 1978 Tort Claims Act". Thesis, University of North Texas, 2014. https://digital.library.unt.edu/ark:/67531/metadc699955/.
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In a 3-year timeframe, nearly 800 student negligence suits were filed, and most involved some claim of personal injury. Despite heightened public attention of negligence lawsuits against school districts and their employees, an empirical study of court decisions revealed that the volume of litigation against school districts remained steady from 1990 to 2005, the majority of cases were ruled in favor of the school district employees, and government and official immunity were most often the basis for these rulings. Researchers have concluded that immunity laws are strong in the United States, although they vary by state in their application. However, a primary recommendation was that, because of the misconception of a lack of immunity for public school employees, a comprehensive study on governmental and official immunity is needed. This dissertation employed legal research, analysis, and methodology to engage in a comprehensive investigation of teacher immunity in the four southern states of Texas, Oklahoma, Mississippi, and New Mexico. Of central concern to this dissertation was the Tort Claims Act of 1978 from the State of New Mexico. The Tort Claims Act is the vehicle by which immunity is granted to public school employees. Court findings over the last 35 years point to three primary domains under which cases pertaining to immunity fall: negligence (62.5%), evaluation and supervision (16.7%), and student discipline (8.3%). Immunity appears strong across all three domains; however, only future studies on cases by state will determine whether states in the southwest United States are the norm or an anomaly.
3
Trilsch, Mirja A. "Gender-based persecution and the 'particular social group' category : an analysis". Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31176.
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This thesis addresses the problems related to the assessment of gender-based claims of persecution under the international definition of 'refugee'. The 1951 United Nations Convention Relating to the Status of Refugees does not list 'gender' as one of the persecution grounds that entitle a person to seek refuge. In attempting to solve this apparent dilemma, the 'membership of a particular social group' category was long considered to be the appropriate assessment framework.While nowadays the other four enumerated Convention grounds---race, religion, nationality, and political opinion---have increasingly received regard, the approach to gender-based persecution has so far been neither systematic, nor consistent. Moreover, the most critical interpretative hurdles continue to arise in the context of the 'membership of a particular social group' category,
This study therefore examines the link between the two concepts of gender-based persecution and the 'membership of a particular social group' category. For this purpose, both concepts are first considered independently (Parts II and III). Following this, the larger part of the analysis is assigned to the examination of the international case law concerning gender-based claims (Part IV) which shall determine if and how gender-based persecution can appropriately be accommodated under the 'membership of a particular social group' category,
4
Clouet, Johanne. "La domesticité juvénile en Haïti : une vision à travers la lentille du pluralisme juridique". Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=115989.
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In this thesis, we present the outcomes of a research conducted on children's domestic labor in Haiti. In addition to being engaged in housekeeping work -- which has a negative impact on access to basic education -- children in domesticity are generally victims of harmful disciplinary measures as well. Consequently, our main objective is to expose the actual norms and practices regarding the education and the physical treatment of young domestic workers.Based on legal pluralism, the approach undertaken during this research combines both theoretical and empirical research, and focuses on law and norms existing at multiple levels.
First, we present the information gathered from our theoretical approach. After exploring the notion of "Haitian child domestic servant", sketching social profiles of actors engaged in the practice of domesticity, and identifying the most significant contingent factors, we underline the principal national and international norms guaranteeing children the right to education as well as to physical integrity.
Second, we explore the local norms related to the education and to physical treatment of young domestic servants through the results of empirical research carried out in Haiti in the form of observation and interviews with relevant actors.
We conclude by identifying the framework of norms that govern the behaviour of families that host domestic children. Understanding that framework allows jurists and other actors to identify and implement the actions more likely to improve the quality of life of child domestic workers.
5
Setrakian, Aida Alice. "Armenians in the Ottoman legal system (16th-18th centuries)". Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99600.
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This thesis examines the participation of Armenians in the shari'a courts of the Ottoman Empire from the 16th to the 18th centuries. Scholars have traditionally thought that Armenians in the Ottoman Empire resolved their disputes within their own communities' legal systems. However, new studies of Ottoman court records reveal that Armenians in the Ottoman Empire frequently used the shari'a courts to resolve a wide variety of disputes. There are several possible reasons to account for this frequent shari'a court use by a community that theoretically had its own courts. The first is that the Armenian millet's legal structures were perhaps exaggerated or misunderstood by previous scholars. The second is that Islamic law was not as unfavourable to dhimmis as presumed and that the shari'a courts were adequate for their needs. Finally, the way the courts applied Islamic law was sometimes advantageous to certain dhimmis.
6
Beamer-Downie, Darcy. "Freight forwarders' liability during international multimodal transportation". Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33354.
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Over the past 30 years the transportation of goods has developed beyond recognition. The transportation infrastructure is sophisticated and relatively efficient and it is not unusual for goods to be shipped by more than one mode of transportation. Unfortunately, private law has not kept pace with these infrastructure changes. Therefore, a different liability regime applies to every unimodal type of transportation. Though, each unimodal regime is usually based on similar principles they are sufficiently different, from each other, to create a great deal of uncertainty when trying to assess the liability of the participants, in the transportation venture. Such uncertainly is highlighted, for example, when the exact time of the loss or damage cannot be ascertained---which liability regime is applicable?An individual who engages a forwarder will not be particularly concerned with the above and generally assumes that by dealing with a forwarder, the forwarder will be liable for any loss or delay. Unfortunately, this is not always the case and depending on the terms upon which the forwarder contracts i.e. as agent, principal, carrier etc., and the application of any mandatory liability regime the forwarder may limit or escape liability altogether. Thereby leaving the customer without an effective remedy.
In this thesis we have examined the common law evolution of the freight forwarder from their traditional role as agents to their modern sophisticated role, as a "one stop shop," which more closely resembles that of principal. With particular emphasis on how forwarders' have coped with the advent of multimodal transportation and its legal uncertainty.
7
Falcon, Paulette Yvonne Lynnette. "If the evil ever occurs : the 1873 Married Women's Property Act : law, property and gender relations in 19th century British Columbia". Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/30571.
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This study will examine the circumstances surrounding the passage of the British Columbia Married Women's Property Act, 1873 and the judicial response to it. The statute was an attempt on the part of legislators to clarify and facilitate married women's actions in the marketplace, while accomodating new ideas about women's place in society. But despite the rhetoric about women's rights and the bill's more egalitarian potential, it precipitated no domestic revolution. The courts, in turn, ignored the legislation's more liberal provisions and interpreted it solely as a protective measure. Notwithstanding their different views on gender relations and marital property reform, legislators and judges shared common beliefs about the importance of family life. Consequently, the law defended women's legal rights as family members more than as individuals. Overall, the bill represented a compromise. Although it was meant to alleviate some of a wife's legal disabilities so that she could participate more freely in the economic life of the community, it was also grounded in the Victorian paternalism of the legislators who enacted it and the judges who enforced it. As a result, despite the challenge presented by the provisions of the Married Women's Property Act, the doctrine of marital unity proved remarkably resilient.Arts, Faculty of
History, Department of
Graduate
8
Latulippe, Chloé. "Territoire, mouvement et protection des minorités en droit international : le cas des Roms et des Gens du voyage". Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101820.
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In an era of globalisation, often described as the era of mobility and of the decline of the relevance of territory, the Roma and the Travellers embody a transnational and non-territorial society. Yet this minority group experiences deplorable living conditions and the survival of its culture is endangered. A study of minority protection mechanisms in international law reveals that the grasp of territory and "sedentarism" has far from disappeared from this branch of law. Territory (or the absence thereof) and movement are the main challenges faced by international law in the development of solutions to the situation of the Roma and the Travellers. In light of the failure of current minority protection regimes, the quest for recognition of a "Roma nation" appears to be an avenue worth exploring. However, while the Roma may not fall clearly within the parameters of minority protection, they do not fall clearly within the concept of nation either. When examining the potential of such recognition, one realizes that it is necessary to redefine the right of self-determination in the context of minority protection and in a transnational and non-territorial perspective.
9
Matakala, Lungowe. "Inheritance and disinheritance of widows and orphans in Zambia : getting the best out of Zambian laws". Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608991.
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Dorsett, Shaunnagh Law Faculty of Law UNSW. "Thinking jurisdictionally: a genealogy of native title". Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/23963.
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In Mabo v. State of Queensland (No. 2) (1992) 175 C.L.R. 1, the majority of the High Court held that ???native title??? had survived the acquisition of sovereignty over the Australian continent and is ???recognised??? by the common law. However, all the judgments failed to articulate clearly either the nature of native title as a legal form, and the relationship of that legal form to the common law, or what is meant by ???recognition???. Twelve years later the High Court has still not provided a satisfactory understanding of any of these matters. The central problem investigated by this thesis is the nature of that relationship and of the legal interest of native title. It is contended that this relationship can be understood and ordered as a matter of jurisdiction. This thesis seeks to recuperate a substantive concept of jurisdiction, and specifically of a particular jurisdiction, that of the common law, and to demonstrate how the interest of native title results from the jurisdictional relationship between common law and indigenous law. Part I is a genealogy of native title, drawn out through a history of ideas about common law jurisdiction. It is an account of the legal practice of jurisdiction, through a conceptual elaboration of a particular jurisdiction: the common law. This part traces the history of the common law from its origins in a pluralistic, fragmented, jurisdictional landscape, to its current position as the ???law of the land???. It considers the traditional mechanisms and techniques through which the common law has ordered its relationships with other jurisdictions, and how it has appropriated matters traditionally within the purview of other jurisdictions, accommodating them within the common law as ???custom???. The thesis demonstrates that the same gestures and practices can be seen in modern native title decisions, and contends that the ordering which underpins both native title, and the Australian legal system, is jurisdictional. Part II examines the practice of jurisdiction through an examination of three technologies of jurisdiction, all of which contributed to the construction of the legal entity of native title as an act of jurisdiction: mapping, accommodation and categorisation.
11
Dube, Misheck. "Widowhood and property inheritance in Zimbabwe: experiences of widows in Sikalenge ward, Binga District". Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/200.
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Zimbabwean widows need to inherit property when their husbands die. Property, be it material or financial in nature, is a source of sustenance and wealth. Depriving women of property inheritance rights has untold consequences. This study focuses on the property inheritance rights of widows in Zimbabwe in the Sikalenge Ward of Binga District. The aim of the study is to understand how property grabbing affects widows and to find possible solutions and intervention strategies social workers may use. The literature reviewed in the study was drawn from both the legal field and social work to create a link between the fields. The study was shaped by radical feminism for conceptualising property grabbing while the formulated intervention strategies utilised the empowerment model. The study is qualitative in nature using interviews to collect data from ten widows and five social service providers who constitute the total of fifteen participants in the study. Data was analysed qualitatively using interpretive approaches and presentation is textual rather than statistical. The main finding of the study is that widows are still being denied their inheritance rights despite the provision of such rights by the Intestate Succession Laws promulgated in November 1997 by the government of Zimbabwe. Moreover, the widows are not aware of the inheritance laws of Zimbabwe and hence did not seek any professional intervention. The few who attempted the legal process for recourse were not successful. Even though it was minimally attempted, the study established that the main form of failed intervention tried by the women was legal in nature and suggests and emphasises an eminent need for Social Work intervention to supplement legal intervention.
12
Scott, Gilda Cox. "An analysis of the laws affecting North Carolina public school teachers". Diss., Virginia Polytechnic Institute and State University, 1987. http://hdl.handle.net/10919/49890.
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This study has provided an up-to-date source of information for North Carolina public school teachers to help them understand the sources of school law, the legal basis for education, the system of state and federal courts, and their rights and responsibilities.
Appropriate federal and state judicial decisions, federal and state constitutional law, state statutes, State Board of Education policies, and the opinions of the Attorney General have been analyzed to determine legal principles in the following areas:
1. constitutional rights of teachers as a public school employee and a private citizen which included the areas of freedom of speech and expression; academic freedom, freedom of religion; private life; personal appearance; loyalty;
2. terms and conditions of employment which included certification, tenure, teacher's duties, due process for tenured teachers, procedural rights for nontenured teachers, dismissal for cause; and the
3. teacher's liability for students.
Tort liability included strict liability; the intentional torts of assault and battery, defamation, and false imprisonment; the unintentional tort of negligence and its elements and defenses; educational malpractice; governmental immunity; and students' records. Of particular concern were assault and battery and child abuse cases as related to corporal punishment, the use of qualified privilege as a defense in defamation, and the option provided by the legislature for school boards to waive governmental immunity. North Carolina courts have determined that the fundamental principle of negligence cases in North Carolina is foreseeability of harm.
As a result of this study, it has been recommended that the study be updated on an ongoing basis to maintain an up-to-date source of legal information for North Carolina teachers. ln addition, a similar study has been recommended for other states. lt was further recommended that a study examine the developing case law in educational malpractice along with state legal restrictions which interfere with good educational practices.Ed. D.
incomplete_metadata
13
Charters, Claire Winfield Ngamihi. "The legitimacy of indigenous peoples' norms under international law". Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609841.
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Werling, Mark. "Knowledge of Indiana school law possessed by Indiana public secondary school teachers". Virtual Press, 1985. http://liblink.bsu.edu/uhtbin/catkey/458831.
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The purpose of the study was to assess the general knowledge of Indiana school law possessed by Indiana public secondary school teachers. The population consisted of three hundred and thirty randomly selected Indiana public secondary school teachers.A researcher developed assessment instrument comprised of thirty items from Indiana school law in the areas of teacher tenure, pupil control, and tort liability was utilized. One statistical hypothesis and six statistical subhypotheses were analyzed with a Z test. The five percent level of significance was established as the probability level for non-acceptance of the hypothesis and subhypotheses.Conclusions1. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of pupil control, and tort liability is likely between seven and fifteen.2. There is no significant difference in the level of knowledge of Indiana school law possessed by Indiana public Indiana school law in the combined areas of teacher tenure, secondary school teachers when grouped according to years of teaching experience, location of their teacher education training, and inclusion of instructional units on school law in their teacher education training.3. The percentage of Indiana public secondary teachers who possess a fair or better level of knowledge of Indiana school law in the area of teacher tenure is likely between four and twelve.4. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of Indiana school law in the area of pupil control is likely between twenty-two and thirty-four.5. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of Indiana school law in the area of tort liability is likely between seventeen and twenty-seven.
15
Lam, Chi-wai Michael y 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
Law
Master
Master of Philosophy
16
Kwan, Hang-kay y 關幸姬. "An exploratory study of adolescent attitudes towards laws prohibiting underage consensual sex". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B3197854X.
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McGregor, Melissa. "An evaluation of the Child Justice Act". Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1278.
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“No civilized society, regards children as accountable for their actions to the same extent as adults”.1 In the absence of a justice system applicable exclusively to children in conflict with the law in South Africa, children are subjected to the same rigours of the criminal law applicable to adults in South Africa. “States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society”.2 As a signatory to the United Nations Convention on the Rights of the Child, South Africa has a duty to ensure that the children in conflict with the law are treated in a manner that gives effect to the protectionary ideals espoused in the Convention. In July 2000, the South African Law Commission [Project 106] released the Child Justice Bill3, together with its Report on Juvenile Justice. Because the child justice system at present is not governed by legislation, uncertainty and inconsistency are constant dangers. We need legislation to ensure that all children in conflict with the law are dealt with consistently, fairly and appropriately. The question that needs to be answered in this treatise, is whether the Child Justice Act 75 of 2008, which comes into effect on 01 April 2010, is a legislative framework that incorporates due process rights together with the rights of children who is alleged to have committed an offence, to be protected and treated in a manner appropriate to their age.
18
Thaxton, Teresa Ann. "Architectural codes : written and implied in the retail street". Thesis, Georgia Institute of Technology, 1988. http://hdl.handle.net/1853/21607.
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Tsui, Po-yung y 徐寶容. "Characteristics of modern labour laws and factors affecting their implementation: a study of the electronicsand telecommunications industry in the Shenzhen special economic zoneof China". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2005. http://hub.hku.hk/bib/B39849016.
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Teny, Jamual Peter Malual. "Comparing child justice legislation in South Africa and South Sudan". Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1020941.
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The legal framework and legislation governing the rights of the children have become of great concern in modern societies, particularly, in the area of criminal justice and human rights. The Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child are basic international and regional conventions regulating the rights of the children and include how to deal with children in conflict with the law. States parties to these conventions are required to take appropriate measures, which includes enactment of legislation to give effect to these rights. Legislative instruments must address the following issues: The principle of the best interest of the child; the age of criminal responsibility; restorative justice; diversion; and the trials of children in conflict with the law. The above-mentioned instrument require and emphasise the use of an alternative approach in respect of the children who are in conflict with law. In this research a comparative approach is used to compare the South African and South Sudanese child justice legislative instruments. The legislative instruments pertaining to child justice in both countries are set out and compared. It is concluded that the South African legislative instruments are more aligned to the Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child. Recommendations and proposals are made to enact to adopt in South Sudan new legislative measures and provisions aim to afford more protection to children in conflict with the law and to strike a better balance between rights of a child and victim of crimes.
21
Williams, Joseph Victor. "Te Mana Motuhake Me Te Iwi Maori : indigineous self determination". Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/27767.
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Maria Maori Motuhake or Maori self determination is developing into one of the most pressing political and legal issues in modern New Zealand. The Maori struggle for recognition of that right is a long one. It began with contact with British colonisers, and has continued in different forms throughout New Zealand's history. The following thesis suggests that that struggle is one which the Maori share with Indigenous peoples throughout the world. The recognition in law of Mana Maori Motuhake in New Zealand will come from an understanding, by both Maori and Pakeha, of the international nature of that struggle.
Accordingly the essential purpose of this thesis is to put the issue of Maori rights into an international and colonial perspective. In Part I, the question of Indigenous self determination is discussed in the context of historical and contemporary developments in international law. It is concluded firstly that there is room for the proposition that a right of Indigenous self determination can be drawn from the current state of international law. Secondly, it is argued that recent developments in the United Nations suggest positive recognition of that right will occur in the near future.
In Part II, the development of colonial law in the United States, Canada and New Zealand add a further dimension to this international perspective. In this part parallel developments in the three countries are highlighted to prove the 'indivisibility' of colonialism, and the inexorable development in modern law toward recognition of the 'colonial paradigm'- Native title and Native sovereignty.Law, Peter A. Allard School of
Graduate
22
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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Baker, Dana Lee. "Children's disability policy in Canada, the United States and Mexico : a question of convergence /". Access restricted to users with UT Austin EID Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3025136.
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Sharpe, Marina. "The regional law of refugee protection in Africa". Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:cfa6b452-1949-4b4c-8946-b7acf036c123.
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This work offers an analysis of the legal regime for refugee protection in Africa, broadly construed as including both refugee law and human rights elements. The regime is addressed in two parts. Part One analyses the treaty regime, principally comprised of the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the African Charter on Human and Peoples' Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the 1969 Convention's drafting, and original analysis of the relationships of interpretation and the relationships of conflict that arise between the various treaties comprising the regional refugee protection framework. Significant attention in this regard is devoted to various aspects of the relationship between the international and the regional refugee treaties, and to the relationships between African refugee law on the one hand and African human rights law on the other. Part Two focuses on the institutional architecture supportive of the treaty framework addressed in Part One. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples' Rights and the various African human rights courts are canvassed. This account of the treaty framework, and the institutional architecture, for refugee protection on the continent is the first broad analytical account of the regional law of refugee protection in Africa.
25
Rousselle, Serge. "La diversité culturelle et le droit constitutionnel canadien au regard du développement durable des cultures minoritaires /". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102241.
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Within the framework of international trade liberalization which has given rise to considerable thought about the fundamental contribution of cultural diversity to sustainable development, we explore the upholding of the educational rights of recognized linguistic minorities and of the aboriginal and treaty rights of First Nations under the Constitution Act, 1982. We examine these rights in the light of relevant judgments of the Supreme Court of Canada in order to confirm our initial hypothesis that the highest court in the land can show governments here and abroad the steps to take to ensure that the cultural rights specific to some communities and the citizenship common to the population as a whole can coexist in a free and democratic nation.Our analysis shows that, while relying on the historical, equality and cultural-based justification of the existence of these rights, the Court favours an approach centred on three fundamental principles: the duty of the State to act equitably in the "best interest" of cultural minorities through a flexible approach to the interpretation of established rights; a fair participation in the management of and access to resources by minority groups; and finally, the fostering of social cohesion in order for unity in diversity to be maintained through a reconciliation of existing rights which must be achieved, first and foremost, by political discussion aimed at finding durable solutions.
From a cultural sustainable development perspective, the specific cultural rights of minority groups must thus favour a common citizenship within a context of respect for cultural diversity, while still being compatible with and promoting the values of a liberal democracy.
26
Schäfer, Lawrence Ivan 1972. "The legal position of unmarried fathers in the adoption process after Fraser v Children's Court, Pretoria North, and others 1997 (2) SA 261 (CC) : towards a constitutionally-sound adoption statute". Thesis, Rhodes University, 1999. http://hdl.handle.net/10962/d1003209.
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The subject-matter of this thesis is the rule, previously contained in section 18(4)(d) of the Child Care Act 74 of 1983, in terms of which a mother could surrender her child born out of wedlock for adoption without the consent of its father. This section was struck down as unconstitutional by the Constitutional Court in Fraser v Children's Court, Pretoria North and others 1997 (2) SA 261 (CC), on the grounds that it violated an unmarried father’s constitutional rights to equality and non-discrimination. In the light of this judgment, this thesis seeks to articulate the constitutional parameters within which section 18(4)(d) must be amended. The requirements of Fraser are identified and discussed. Regard is also had to other constitutional rights upon which Fraser might have been decided; in particular, an unmarried father’s right to procedural fairness, and his child’s right to family or parental care. Case law from the United States, Canada, Ireland and the European Court of Human Rights is also discussed. The end product of this examination is an exposition of the various constitutional rights which vest in the father of a child born out of wedlock. A separate exposition is given of the distinct rights which vest in all children in the adoption process. The latter set of rights is drawn both from the Constitution of the Republic of South Africa Act 96 of 1996, and the United Nations Convention on the Rights of the Child. The thesis then proceeds to examine the Adoption Matters Amendment Act 56 of 1998, which was enacted in response to Fraser. The consent and notice provisions of adoption statutes in the United States, Canada, Australia, Ireland and England are also examined, and compared to the provisions of the Adoption Matters Amendment Act. The object, here, is two-fold: first, to consider the practical value of this Act; and second, to consider whether it satisfies the constitutional requirements identified earlier in this thesis. The thesis concludes with suggestions for the improvement of this Act.
27
Kedir, Abdu Abdurazak. "The need for the political representation of persons with disabilities in Ethiopia". Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18615.
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Modern parliaments are mostly compared to the top echelon of the society.The unfairness of the representation still holds true even where free, fair and periodic democratic elections are held. PWDs constitue the largest minority group accounting for 15.6% of the world's population. In Ethiopia approximately the same percentage of the population is disabled though nor fairly represented in the political system.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
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Xie, Yang Wei. "Protection of minority rights : issues and challenges in international law and Chinese law". Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2157184.
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Watt, Ilze Jr. "The consequences of contracts concluded by unassisted minors : a comparative evaluation". Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71723.
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Thesis (LLM)--Stellenbosch University, 2012.Includes bibliography
ENGLISH ABSTRACT: It is a general principle of the law of South Africa that an unassisted contract of a minor is unenforceable against the minor. Although it binds the other party, the minor is not bound. The minor will only be bound if the contract is enforced by his guardian, or if the contract is ratified by the child after attaining majority. This implies that the other party is in a rather unfortunate position, since the effectiveness of the contract will remain uncertain until the guardian of the minor decides to enforce or repudiate the contract, or until the minor ratifies it after attaining majority. The other party may not resile from the contract during this interim period. Should it be established that the contract has failed, the question arises to what extent the parties are obliged to return performances made in purported fulfilment of the contract. In terms of the law of South Africa, the prevailing view is that these claims are based on unjustified enrichment. However, the extent of these claims differs. In principle, both parties’ liability will be limited to the amount remaining in its estate, according to the defence of loss of enrichment. But the application of the defence is subject to an exception that does not apply equally to the parties. Had the other party known or should the other party have known that the enrichment was sine causa, yet continued to part with it, he will be held liable for the full enrichment. However, this exception does not apply to the enrichment liability of minors. In other words, whether the minor knew or should have known that the enrichment was sine causa, he would still be allowed to raise the defence of loss of enrichment. Furthermore, the rules applicable to minors’ enrichment liability applies to all minors, and no scope is left to consider the specific circumstances of each minor. It is accepted that there are two competing principles relating to minors’ unassisted contracts. On the one hand, the law must protect the minor from his immaturity and lack of experience. On the other hand, the law must protect the interests of the other party. It will be seen throughout this study that the determination of how to balance these competing principles is not an easy task. The key aim of this thesis is to investigate the principles governing the unwinding of unassisted minors’ contracts in South Africa. A comparison will be made with the principles applied in other legal systems, in order to identify similarities and differences in the approaches and, to establish what underlies the differences in the various approaches. Germany, England and Scotland have been chosen for comparison for various reasons. First, they share some historical roots, and they represent three major legal traditions, namely the civil law, common law and mixed legal systems, of which South Africa also forms part. Secondly, both England and Scotland have experienced recent legislative reform in this regard, which implies that their respective legal systems should be in line with modern tendencies, and consequently they may provide a valuable framework for possible reform in South Africa. In Germany, although mainly regulated by rather older legislation, there have been interesting developments in the determination of consequences of failed contracts. Hellwege has argued that the unwinding of all contracts should be treated similarly, regardless of the unwinding factor. He has also suggested that in order to prevent the accumulation of risk on one party, and to ensure that the risk is placed on the person who is in control of the object, the defence of loss of enrichment should not be available to any party. His reasoning and suggestions is dealt with in more detail in this thesis. This study argues that the current strict approach applied under South African law regarding minors’ unassisted contracts needs to be re-considered. The current approach is dated and is not in line with modern tendencies and legislation. No proper consideration is given to minors’ development into adulthood or personal circumstances of the parties. It is submitted that in the process of re-consideration, some form of acknowledgement must be given to minors’ development towards mature adults. It is submitted that this would be possible by introducing a more flexible approach to regulate the enforceability and unwinding of minors’ unassisted contracts.
AFRIKAANSE OPSOMMING Dit is ‘n algemene beginsel van die Suid-Afrikaanse reg dat ‘n kontrak aangegaan deur ‘n minderjarige sonder die nodige bystand van sy ouer of voog onafdwingbaar is teenoor die minderjarige. Die minderjarige sal slegs gebonde wees indien die kontrak afgedwing word deur sy voog, of indien die minderjarige self die kontrak ratifiseer nadat hy meerderjarig word. Dit impliseer dat die ander party in ‘n ongunstige posisie is, aangesien die werking van die kontrak onseker is totdat die voog besluit om die kontrak af te dwing of te repudieer, of totdat die minderjarige dit ratifiseer nadat hy meerderjarig word. Gedurende hierdie interim periode mag die ander party nie terugtree uit hierdie kontrak nie. Sou dit bepaal word dat die kontrak misluk het, ontstaan die vraag tot watter mate die partye verplig word om prestasies wat reeds gemaak is, terug te gee. In terme van die Suid-Afrikaanse reg is die meerderheidsopinie dat hierdie eise gebaseer is op onregverdige verryking, maar die omvang van die partye se eise verskil. In beginsel is beide partye se aanspreeklikheid beperk tot die bedrag wat steeds in sy boedel beskikbaar is, weens die beskikbaarheid van die verweer van verlies van verryking. Maar die toepassing van die verweer is onderworpe aan ‘n uitsondering wat nie op beide partye geld nie. Indien die ander party geweet het of moes geweet het dat die verryking sine causa was, maar steeds afstand gedoen het van die verryking, sal hy aanspreeklik gehou word vir die volle verryking. Hierdie reel is egter nie van toepassing op die minderjarige se verrykingsaanspreeklikheid nie. Met ander woorde, indien die minderjarige geweet het of moes geweet het dat die verryking sine causa was, en steeds afstand gedoen het van die verryking, sal hy steeds die verweer van verlies van verryking kan opper. Bowendien, die reels van toepassing op minderjariges se verrykingsaanspreeklikheid is van toepassing op alle minderjariges, en geen ruimte word gelaat om die spesifieke omstandighede van elke minderjarige in ag te neem nie. Wanneer ons kontrakte aangegaan deur minderjariges sonder die nodige bystand, oorweeg, word dit algemeen aanvaar dat daar twee kompeterende beginsels van belang is. Aan die een kant moet die reg die minderjarige beskerm teen sy onvolwassenheid en gebrek aan ondervinding. Aan die ander kant moet die reg ook die belange van die ander party beskerm. Dit sal deurlopend in hierdie studie gesien word dat die behoorlike balansering van hierdie twee beginsels nie ‘n maklike taak is nie. Die hoofdoel van hierdie tesis is om die beginsels wat die afdwingbaarheid en ontbinding van minderjariges se kontrakte in Suid-Afrika, wat aangegaan is sonder die nodige bystand van ‘n voog, te ondersoek. ‘n Vergelyking sal getref word met die beginsels wat in ander regstelsels toegepas word, om sodoende die ooreenkomste en verskille te identifiseer, asook om te bepaal wat hierdie verskille onderlê. Duitsland, Engeland en Skotland is gekies as vergelykende jurisdiksies vir verskeie redes, naamlik hulle historiese gebondenheid en die feit dat hulle drie groot regstradisies (die kontinentale regstelsel, die gemenereg en die gemengde regstelsel) verteenwoordig. Bowendien het beide Engeland en Skotland onlangse wetgewende hervorming ondergaan in hierdie sfeer van die reg, wat impliseer dat hierdie regstelsels waarskynlik in lyn sal wees met moderne tendense. Gevolglik kan hulle ‘n waardevolle raamwerk skep waarbinne moontlike hervorming in Suid-Afrika mag plaasvind. Alhoewel Duitsland grotendeels nog deur ouer wetgewing gereguleer word, het dit ook ‘n reeks interessante verwikkelinge ondergaan in die bepaling van die gevolge van kontrakte wat misluk het. Hellwege argumenteer dat die ontbinding van alle kontrakte dieselfde hanteer moet word, ongeag die onderliggende ontbindende faktor. Hy stel ook voor dat om te verhoed dat die risiko op slegs een party geplaas word, en om te verseker dat dit eerder gedra word deur daardie party wat beheer het oor die voorwerp, die verweer van verlies van verryking nie vir enige party beskikbaar moet wees nie. Sy redenering en voorstelle word in meer besonderhede in hierdie studie bespreek. Hierdie studie argumenteer dat die huidige streng benadering wat in Suid-Afrika toegepas word met betrekking tot kontrakte aangegaan deur minderjariges sonder die nodige bystand van ‘n voog, heroorweeg moet word. Die huidige benadering is verouderd en is nie lyn met moderne tendense en wetgewing nie. Bowendien word geen behoorlike oorweging gegee aan minderjariges se ontwikkeling tot volwassenheid nie, en die partye se persoonlike omstandighede word ook nie in ag geneem nie. Daar word argumenteer dat in die proses van heroorweging, ‘n mate van erkenning gegee moet word aan minderjariges se persoonlike ontwikkeling. Daar word verder argumenteer dat ‘n meer buigsame benadering toegepas moet word ten opsigte van die regulering van die afdwingbaarheid en ontbinding van hierdie kontrakte.
30
Jones, Sarah E. "A Comparison of the Status of Widows in Eighteenth-Century England and Colonial America". Thesis, University of North Texas, 2004. https://digital.library.unt.edu/ark:/67531/metadc4507/.
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This thesis compares the status of upper-class widows in England to Colonial America. The common law traditions in England established dower, which was also used in the American colonies. Dower guaranteed widows the right to one-third of the land and property of her husband. Jointure was instituted in England in 1536 and enabled men to bypass dower and settle a yearly sum on a widow. The creation of jointure was able to proliferate in England due to the cash-centered economy, but jointure never manifested itself in Colonial America because of the land centered economy. These two types of inheritance form the background for the argument that upper-class women in Colonial America had more legal and economical freedoms than their brethren in England.
31
Hlatshwayo, Sizakele Thembisile. "The impact of cultural practices on the advancement of women in Africa: a study of Swaziland and South Africa". Thesis, University of the Western Cape, 2002. http://etd.uwc.ac.za/index.php?module=etd&.
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Philbert, Robert E. "A survey of selected teacher spokespersons regarding Indiana Public Law 217". Virtual Press, 1987. http://liblink.bsu.edu/uhtbin/catkey/516209.
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The purpose of this study was to determine the level of satisfaction of selected teacher spokespersons toward Indiana Public Law 217, the collective bargaining law for teachers.A survey instrument consisting of forty-six items in five Likert-response categories was mailed to 125 randomly selected teacher spokespersons in Indiana. Space was provided for respondents to write comments or rationale for their answers. Fifty-seven teacher spokespersons responded to the survey.The following rank order was utilized for each of the sections of Indiana Public j 217 ranging from (5) highly dissatisfied, (4) somewhat dissatisfied, (3) neutral, (2) somewhat satisfied to (1) highly satisfied based on the mean scores.Findings1. Selected teacher spokespersons rated four section items between 4.00 and 5.00.2. Of the forty-six section items that were surveyed, seventeen sections were rated between 3.00 and 3.99.3. Negotiators for the teachers ranked seventeen sections of Indiana Public L&7_ between 2.00 and 2.99.4. Eight section items were rated between 1.00 and 1.99 by the teacher spokesperson.Conclusions1. Teacher spokespersons were dissatisfied with the inability to strike and the penalities for unlawful strikes.2. Teacher spokespersons were dissatisfied with the procedures and restrictions governing bargaining and discussions.3. Teacher spokespersons were dissatisfied with the provisions and procedures of fact-finding, arbitration and maintaining a status quo contract.4. Teacher spokespersons were dissatisfied with the sections of the law dealing with the rights of the employer5. Teacher spokespersons were dissatisfied with the stated intent of the law.6. Teacher spokespersons were dissatisfied with the structure and powers of the Indiana Education Employment Relations Board.7. Teacher spokespersons were satisfied with the definitions of certificated employees and exclusive representative.8. Teacher spokespersons were satisfied with the procedures of unfair practices as stated in the law.9. Teacher spokesperson were satisfied with the procedures of dues deductions as stated in the law.
33
Pobjoy, Jason Mark. "The child in international refugee law". Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709300.
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Müller, Karen 1964. "The child witness in the accusatorial system". Thesis, Rhodes University, 1998. http://hdl.handle.net/10962/d1007708.
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For the purpose of this study tbe child witness in the accusatorial system will be viewed as a source of information. When a witness gives evidence in court, the function of the witness is to provide the court with certain information. A number of crucial questions arise when the witness is a child. Do children bave the ability to remember and relate an event accurately? Are children prone to suggestion and fantasy? What effect, if any, does the court environment have on a child 's ability to convey information? What perceptions do children have about the legal process, and how do these perceptions affect their ability to testify? Do adults influence the information which children impart by the techniques they employ to obtain such information? Accepting the hypothesis that child witnesses are sources of information, the purpose of this study is to evaluate all aspects of the criminal justice system relating to child witnesses as well as available research on children to determine whether it is possible to obtain reliable and accurate information from children. Proposals will be formulated regarding the most successful methods of obtaining reliable and accurate information from children, and how these can be adapted for use by the legal system. The purpose of the study is to develop an approach to children in the legal system that will be fair to children while at the same time protecting the rights of the accused, and which will lead to a successful method of obtaining accurate information.
35
Huamusse, Luis Edgar Francisco. "The right of sexual minorities under the African human rights system". Thesis, University of Pretoria, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4577_1190370461.
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The protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system.
36
Takami, Chieko. "Defining women as a particular social group in the Canadian refugee determination process". Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31175.
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Recent feminist criticism has resulted in remarkable changes to the interpretation of the refugee definition. Case law, academic commentaries and gender guidelines now recognize that women may constitute a particular social group under the definition of refugee. However, only those who belong to certain subgroups of women are usually granted asylum because being a woman only is considered too broad to comprise a particular social group. Such restrictive interpretation is theoretically and practically problematic, and it is the primary cause for the inconsistency in the interpretation of the definition of a particular social group and refugee determination in gender-based claims. Through an analysis of recent gender-based cases before the Canadian courts and the Immigration and Refugee Board, this paper argues that this inconsistency will be avoided when categorization of women does not require female claimants to prove characteristics other than their gender. Female refugees who are persecuted for being women do not need to provide additional reasons for their suffering, and this broad categorization of women should be consistently applied in Canada.
37
Pule, Kediretswe. "Obstacles faced by news journalists in investigative reporting: analysis of four Botswana newspapers, June 2008 - October 2008". Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/869.
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In this research study, the researcher investigates obstacles faced by news journalists in investigative journalism in a democracy as experienced in Botswana. Investigative journalism and democracy have a symbiotic relationship. This relationship serves to make the public sensitive about, and aware of, injustices and undemocratic practices and it could, ultimately, contribute significantly to the process of democratization (Faure 2005: 155). Unfortunately, in their endeavor to keep up with the ethos of investigative journalism, journalists meet obstacles that range from legal to financial issues. The author investigates those factors that reporters in Botswana rate as having the greatest impact on their investigative efforts. The study also assesses the attitudes of journalists in the country towards the roles and responsibilities of the fourth estate, which supports investigative reporting. Investigative journalism is centered on disclosure, described by six elements: public interest, theme, accuracy, follow-up reports, consequences and questioning the status quo (Faure 2005:160; Marron 1995:1). The researcher interrogated the current practice of investigative journalism in newsrooms in the Botswana context, by means of a self-administered questionnaire. A cumulative sum of scores of each rank order for each obstacle was used to observe the one rated the most impeding by Botswana journalists. Elementary descriptive statistics in the form of percentages were used to assess attitudes of Botswana journalists towards investigative journalism. The same method was used to assess the proportion of investigative stories in four sampled Botswana newspapers. The contents of the respective newspapers were assessed against the five elements of investigative reporting that include: theme, public interest, questioning the status quo, accuracy, follow-up reports and consequences.
38
Bates, Karine. "Les femmes et le système juridique en Inde : entre l'idéologie et les faits: analyse anthropologique de la conception des droits à travers les transactions économiques au moment du mariage". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0017/MQ47252.pdf.
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Hinkson, Heather A. (Heather Antonia). "Canadian refugee policy : international developments and debates on the role of gender in refugee determination procedures". Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23843.
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Through the evolution of international human rights law and policy, gender has become a prohibited ground for persecution. However the international definition of a refugee contained in the Convention Relating to the Status of Refugees does not explicitly include gender as an enumerated ground on which persecution can be feared. This omission has required women who fear gender-based persecution to use the Convention's "membership in a particular social group" provision. Traditionally, judicial interpretation of criteria establishing a "particular social group" was not consistent in cases alleging gender-based persecution. In 1993, Canada developed guidelines that attempt to establish a coherent and consistent application of the "particular social group" category. This represents a state policy initiative to recognize the international evolution of policy on gender as a basis for persecution. Although the guidelines challenge theories of state sovereignty in the design and execution of domestic policy, they demonstrate that a coherent and consistent framework for granting asylum status to women who fear gender-based persecution can be developed in such policy.
40
Ng, Kin Lok. "Restorative justice and youth offenders in Macau :A review of theories, research and practices". Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3953680.
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Lee, Chi-ming Leo y 李志明. "A study on protections of minority shareholders' interest in HongKong". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1993. http://hub.hku.hk/bib/B31265716.
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Pavasant, Nopnuanparn. "Director's responsibilities : a study of Thai corporate governance and ethics". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/197107.
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Corporate governance of Thailand has been developed and reformed, particularly after 1997 Asian financial crisis. However, problems regarding director’s responsibilities are still entrenched in company law and corporate practices. The challenges of Thai corporate governance on director’s responsibilities are found in the areas of director’s accountability and minority shareholders protection. Legal provisions on director’s fiduciary duties and director’s duty of care and skill are unable to regulate director’s misbehaviors. Directors are not fully aware of their proper responsibilities to the company. They tend to act for their own interest or interest of their group, the controlling shareholders. In addition, legal enforcement on director’s responsibilities is not effective in practice. Shareholders litigation or other actions against directors who are in breach of their duties is rare, though there is derivative action provided as remedy for minority shareholders. In finding solutions for those problems, all relevant aspects should be brought into consideration. Corporate governance on director’s responsibilities is related to law, business and ethics. Director’s responsibilities are matters concerning human conducts, actions, behaviors as well as practices. They are related to ethics of each company director and ethics of the board members as a whole. In addition to legal and business aspects, ethical aspect should also be considered in the reform of corporate governance on director’s responsibilities of Thailand. This thesis is the study of Thai corporate governance on director’s responsibilities and ethics in order to find appropriate ethical theory where good corporate governance principles will be built on. Among relevant ethical theories i.e. utilitarianism, Kantian ethics, virtue ethics and contractualism, virtue ethics of Aristotle is the most appropriate ethical theory to be applied to corporate governance on director’s responsibilities of Thailand. It is suitable for the nature of corporate governance on director’s responsibilities, the conditions underlying its problems, and the understanding and practices of people in Thai society. Virtues and means of virtue ethics should be applied as complements to fiduciary principles for enhancing director’s accountability. The doctrine of mean of virtue ethics should be applied as complement to derivative action for enforceability and effectiveness of minority shareholders protection. In this regard, some related regulations and codes of best practices will be prescribed by adopting appropriate virtues or means, and the relevant regulators i.e. the Securities and Exchange Commission (the SEC) and the Stock Exchange of Thailand (the SET) will be given authority to interpret and apply such regulations and codes of best practices on a case by case basis.published_or_final_version
Law
Master
Doctor of Legal Studies
43
Kassan, Daksha Gaman. "How can the voice of the child be adequately heard in family law proceedings". Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&.
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Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not be afforded. This thesis examined how the voices of children can be heard during divorce proceedings and makes recommendations as to when children involved in divorce proceedings should be granted legal representation at State expense.
44
Torezan, Sonia Aparecida Bortolotto. "Ser jovem em meio a violencia : identidade x singularidade no confronto com a lei". [s.n.], 2005. http://repositorio.unicamp.br/jspui/handle/REPOSIP/252914.
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Orientador: Aurea Maria GuimarãesDissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Educação
Made available in DSpace on 2018-08-05T14:55:52Z (GMT). No. of bitstreams: 1 Torezan_SoniaAparecidaBortolotto_M.pdf: 1167817 bytes, checksum: f5fa737059d603a7cc89088e9debf3e3 (MD5) Previous issue date: 2005
Resumo: A presente dissertação estuda um grupo de jovens autores de atos infracionais da cidade de Americana ¿ SP, durante o período em que se encontram na condição de liberdade assistida. A constatação da sua não adaptação ao ensino formal desencadeou este estudo, e um de seus objetivos foi ouvir o que eles e os educadores tinham a dizer sobre sua relação conflituosa. A violência produzida por estes jovens e a violência da qual são vítimas foram emergindo nos depoimentos, pois o grupo apresenta um comportamento diferenciado na sua maneira de ser, de se vestir, de se expressar, que muitas vezes afronta e representa uma ameaça ao espaço escolar já instituído. Os educadores se queixam do comportamento ora passivo e indiferente, ora agressivo e transgressor destes alunos. Por outro lado, os resultados da pesquisa mostram a falta de sensibilidade e de preparo por parte dos educadores para lidar com o universo destes jovens, com suas preferências culturais e artísticas, e para utilizar-se destas para trabalhar as questões que se apresentam no cotidiano escolar. Nos espaços de oficinas vivenciadas durante a realização da pesquisa junto a esses jovens, as atividades propostas deixaram fluir as imagens e símbolos contidos no seu imaginário. A apreensão das representações simbólicas presentes em suas produções artísticas e em suas falas possibilitou captar as relações que eles estabelecem consigo, com o outro e com o mundo, e permitiu conhecer seus ¿processos de subjetivação¿ (Guattari, 2000). Nesse percurso, percebeu-se a constituição de uma rede simbólica através da qual eles manifestam não apenas a reprodução de suas relações, mas principalmente atitudes reveladoras de resistência frente ao instituído
Abstract: The present dissertation presents a group of young people who have been charged of breaking the law in the city of Americana ¿ SP. At the time of the study, they were under assisted freedom. The understanding of their unadaptation to formal education started this research, and one of our main objectives was to listen to what they and their teachers had to say about their problematic relationship. The violence these young people have produced and have been a victim of comes up in their speech, and because this group presents such a different behavior in their own way of life, in the way they act, the way they dress, the way they express their needs, they have posed and represented a menace to the school as an institution. Educators have complained about these students¿ behavior, at times passive and indifferent, at others aggressive and transgressor. On the other hand, this research has shown the lack of sensitivity and preparation on the part of educators to deal with these young men¿s world, their cultural and artistic preferences, and inability to use these in order to work on issues that have come up in daily school situations. In workshops they have attended during the research, the activities have been able to give the students the possibility of letting their imaginary flow as images and symbols. The apprehension of the symbolic representations presented in their art work and in their speech has led to the understanding of the relationships that they have established with themselves, with one another and with the world, and has allowed us to capture their ¿subjectivation processes¿ (Guattari, 2000). Therefore, we have been able to constitute the symbolic net through which they have shown not only the reproduction of their relationships, but also attitudes that have revealed the subjects¿ resistance to the establishment
Mestrado
Ensino, Avaliação e Formação de Professores
Mestre em Educação
45
Haddadin, Fadi. "Critique of shareholder status in Jordanian corporate law : a comparative approach". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64279.pdf.
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Frank, Robert 1966. "Creditor's use of the oppression remedy". Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30298.
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This thesis examines creditors' use of the oppression remedy under the Canada Business Corporations Act and its provincial equivalents from historical and critical perspectives, assesses the consequences of the increasing willingness of Canadian courts to make the remedy available to creditors and concludes by offering some solutions to the problems that are identified. Part I traces the historical development of the oppression remedy, first in the United Kingdom and then in common law Canada. Next, the current state of the law relating to the oppression remedy is briefly examined, followed by a review of recent developments with respect to the use of the oppression remedy by creditors. Part II is a critical review of the evolving law with respect to creditors' use of the oppression remedy. This part of the thesis focuses on: (i) the relationship and potential conflict between the oppression remedy and other available remedies; and (ii) the impact of creditors' uses of the oppression remedy on the relationship between the corporation and its other stakeholders, including issues of shareholders' and directors' liability. In Part III, it is argued that the present use of the oppression remedy by creditors is not being developed in a coherent and principled manner. Certain guidelines are offered to provide the courts with reasonable controls on and principles to guide the use of the oppression remedy by creditors. In particular, it is argued that the oppression remedy should not be available to creditors when there are, either under corporate legislation or other, general legislation, appropriate remedies already available. The result would be that the oppression remedy should be available to creditors only in the limited category of cases where the creditor has no other effective remedy and the conditions for the use of the oppression remedy are met.
47
Morgan, Minor Latham. "When Patients Threaten to Kill: A Texas View of Tarasoff". Thesis, North Texas State University, 1986. https://digital.library.unt.edu/ark:/67531/metadc331002/.
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A serious problem confronts the psychologist whose patient threatens, within the privacy of a therapy session, to inflict violent harm upon some third person. Therapists in Texas face a risk of unjust legal liability because of a lack of widely accepted, clearly and fully articulated standards. A questionnaire was submitted to Texas psychologists and Texas judges of mental illness courts. It involved a hypothetical case of a patient who threatened to kill his girlfriend. The hypothesis that no consensus exists at present among psychologists or judges appears to be supported by the data. Comparisons are made of the attitudes of psychologists and judges. Correlations between psychologist attitudes and certain demographic and practice variables are reported. The need for new legislation in Texas concerning legal liability of therapists for the violent behavior of patients is discussed. Proposed legislation for Texas is set out. Among its important features are (1) recognition that continued therapy is itself a protective strategy and (2) establishment of good faith as the standard by which the behavior of the therapist is to be judged.
48
Smith, Charleen P. "Regulating prostitution in British Columbia, 1895-1930". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/MQ65055.pdf.
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Lewis, Susan D. "Treatment issues in forensic social work : a comparative case study". Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78187.
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Forensic social work is defined as the specialty that focuses on the interface between the legal system and the human service system. Forensic psychiatric social work is a subspecialty of forensic social work. Treatment issues arise in forensic social work due to the nature of working within the two systems, but some are specific to forensic psychiatric social work due to the nature of balancing the needs of the patient with the protection of society. Issues that are relevant to forensic psychiatric social work are, applying psychosocial rehabilitation strategies in a forensic setting, the paradox of custody vs. caring, issues surrounding confidentiality and the use of authority, bargaining and persuasion as tools for social work practice. The author identified these issues as each of them was raised during a specific case that the author was actively involved with. The focus of the study is to explore the issues by discussing them in relation to this case. The literature is reviewed and suggestions are made as to how the management of the case could have been improved. Recommendations are also made for the field of social work, specifically in the field of forensic psychiatry.
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McKinney, Joseph R. "An analysis of the legal rights and responsibilities of Indiana public school educators". Diss., This resource online, 1991. http://scholar.lib.vt.edu/theses/available/etd-07282008-135225/.
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