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1
PALACIN, MARISCAL Ihintza. « Sociolegal perspectives of linguistic minorities in Europe : the Basque language, education and media ». Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74273.
Texte intégralRésumé :
Defence date: 25 February 2022Examining Board: Prof. Bruno de Witte (EUI and Maastricht University); Prof. Gábor Halmai (EUI); Prof. Joxerramon Bengoetxea (University of the Basque Country); Prof. Xabier Arzoz (UNED Madrid)
This dissertation addresses the legal framework and social embedding of the Basque language. As a minority language located between two European states (France and Spain) with different approach towards minority languages, the task of understanding the legal framework of the Basque language and its relationship with the community of speakers is challenging. In fact, this legal framework results in a vast array of legal rules for Basque speakers. This research examines the fundamental and linguistic rights of these minority language speakers (norm users), from international and European legal frameworks to national or regional ones. It carries out a comparative analysis between France and Spain, and between the three Basque regions to examine the legal framework. This doctrinal analysis is complemented by the study of key actors participating in the context and implementation of the legal norms regulating the Basque language. An emphasis is placed on the analysis of the relationship between the legal framework of the Basque language and the Basque society, applying a sociolegal methodology. By focusing on the examples of education and media, this thesis aims to shed light on the relationship between law and context in the case of the Basque language. It displays the tension and collaboration between norm givers and norm users in the case of a minority language. Studying the examples of education and media exposes the difficulties that Basque speakers face, as well as their commitment to the survival of their language. At the same time, progressive legal frameworks for Basque have enabled the creation of linguistic policies favouring the recovery and development of this language, where active collaboration between the three Basque regions is increasing. Ultimately, this research showcases a contextualised understanding of the legal framework of the Basque language, telling the story of this minority language in law.
2
VERSTICHEL, Annelies. « Representation and identity : the right of persons belonging to minorities to effective participation in public affairs : content, justification and limits ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13178.
Texte intégralRésumé :
Defence date: 13 December 2007Examining Board: Prof. Bruno De Witte (EUI); Prof. Paul Lemmens, (Katholieke Universiteit Leuven); Prof. John Packer, (University of Essex); Prof. Wojciech Sadurski, (EUI)
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2008.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This doctoral thesis aims at investigating this new international right of persons belonging to minorities to effective participation in public affairs. What is its content? What is its justification and what is it aiming at? Are there any limits to its implementation and what kind of problematic issues are involved? The example of Bosnia and Herzegovina as described above illustrates that organising representation along ethnic lines raises challenging questions. These will be explored in this PhD.Our investigation of the right of minorities to effective participation in public affairs will run through five chapters: Chapter 1 will outline the theoretical framework; Chapter 2 will examine the political rights in the general human rights instruments; Chapter 3 will study the provision on effective participation in public affairs in the three key minority rights instruments of the 1990’s; Chapter 4 will look at the range of possible domestic mechanisms implementing the right of minorities to effective participation in public affairs through a comparative national law approach; and Chapter 5 will illustrate Chapter 4 by zooming in on three case studies, namely Belgium, Italy and Hungary.
3
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.
Texte intégralRésumé :
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.
4
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.
Texte intégralRésumé :
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.
5
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.
Texte intégral
6
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.
Texte intégralRésumé :
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
7
FARKAS, Lilla. « Mobilising for racial equality in Europe : Roma rights and transnational justice ». Doctoral thesis, European University Institute, 2020. http://hdl.handle.net/1814/66916.
Texte intégralRésumé :
Defence date: 20 April 2020 (Online)Examining Board: Professor Claire Kilpatrick (EUI), Professor Bruno de Witte (EUI), Professor Colm O'Cinnedie (University College London), Professor Scott L. Cummings (University of California Los Angeles)
The thesis provides a transnational account of Roma rights activism over the last thirty years with a focus on five Central and Eastern European countries, where the majority of the European Union’s Roma live. It contributes to scholarly debate by (i) mapping ethnic/racial justice related legal opportunities; (ii) taking stock of legally focused non-governmental organisations; (iii) charting legal mobilisation in courts and enforcement agencies; (iv) presenting an alternative account of the transplantation of public interest litigation, and (v) ‘mapping the middle’ between dominant and critical narratives about the Open Society Foundations and white Europeans in the Roma rights field. Finding that international advocacy and litigation alone have been insufficient to generate social change, the thesis highlights the salience of indigenous practices. It points to the shortcomings of the elitist conception of legal mobilisation characterised by top-down, planned legal action and a focus of international NGOs. The thesis proposes to shift the limelight to the financial resources of strategic litigation, to a broad conception of collective legal action, and the necessity of investigating the role private individuals, NGOs, as well as public agencies play in promoting racial equality in general and Roma rights in particular in a transnational field. By scrutinising the ethno-political critique of Roma rights activism and pointing to its conflation with the critique of litigation - that resonates on both sides of the Atlantic - the thesis navigates between liberal internationalism and ethno-nationalism by acknowledging and celebrating organic cross-border cooperation, in other words “good transnationalism.”
8
Maja, Innocent. « Towards the protection of minority languages in Africa ». Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5848.
Texte intégralRésumé :
The purpose of this study is to understand the nature and scope of protection of minority languages and assesses how international human rights law can protect minority languages in Africa. Focuses on three questions: (1) What is the normative content of language rights?, (2) To what extent does the African human rights system
protect minority languages? and 3) What measures can be taken at the national and regional levels to improve respect for and protection of minority languages in Africa?’Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr E.Y. Benneh of the Faculty of Law, University of Ghana.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
9
Nyarang'o, Ivy I. K. « The role of the judiciary in the protection of sexual minorities in Kenya ». Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18647.
Texte intégralRésumé :
The debate stirred by the recent appointment of a chief justice and deputy chief justice under the judicial reform process envisaged in Kenya‟s new Constitution has, once again, brought to the fore the attitude surrounding sexual minorities. A section of religious organisations and citizens rejected the nominees because they perceived the duo to either belong to or to support sexual minority groups.
The hostility and antipathy directed at the two is not new. In recent times, the clergy and state officials have been quoted calling for the arrest of gays. It is common for perceived homosexuals and lesbians to be harassed because of their sexual orientation. Support for the rights and welfare of this group draws quick condemnation. In October 2010, a minister who stated that there should be HIV/AIDS mitigation programmes for lesbians and gays was sharply criticised by religious leaders who termed her remarks „satanic‟ and „contrary to African culture‟, and called for her dismissal.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
10
CERAN, Olga. « Cross-border child relocation : national law in a united Europe ». Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.
Texte intégralRésumé :
Defence date: 17 March 2022Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’
11
Boston, Clarinèr Freeman. « An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities : With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period -- 1840-1895 ». PDXScholar, 1997. https://pdxscholar.library.pdx.edu/open_access_etds/4992.
Texte intégralRésumé :
Racial and ethnic minorities are disproportionately represented in Portland, Oregon's criminal justice system. Laws, legal procedures and practices that excessively target minorities are not new phenomena. This study focused on a history of political and social conditions in Oregon, and subsequently, Portland, from the 1840' s to 1895, that created unjust state laws and city ordinances that adversely impacted Native Americans, African Americans, and Chinese Immigrants. Attention was also given to the Jewish population.
The approach was to examine available arrest and court records from Oregon's and Portland's early beginnings to ascertain what qualitative information records could provide regarding the treatment of minorities by the justice system. As an outgrowth of this observation, it was necessary to obtain an understanding of the legal environment related to arrests and dispositions of adjudications. Finally, a review of the political and social atmosphere during the time period provided a look at the framework that shaped public attitudes and civic actions.
Examination of available arrest records and court records recorded during the period were conducted at the City of Portland's Stanley Paar Archives. Observations were limited to the availability of archive records. Oregon's history, relative legislation, Portland's history and applicable ordinances were studied and extrapolated from valid secondary resources. Political and social conditions were reviewed through newspaper accounts during recorded history from that time period.
Research indicated that Native Americans, African Americans and Chinese Immigrants were: not legally afforded equal access to Oregon land provisions; denied equitable treatment under the law in comparison to their white counterparts; were unjustly targeted for criminal activities by the enactment and enforcement of laws based on racist views; and, negatively used as political ploys to the advantage of candidates seeking public office. Much of this research is akin to actions in many political, legal and justice arenas of the 1990' s, that continue to adversely impact racial/ethnic minorities unfairly. Although members of the Jewish community were not negatively affected by law, they suffered social injustices. However, they were members of the legal and political fiber that shaped civic sentiments and legislative action in both positive and negative ways.
12
Peszle, T. L. (Theresa L. ). « Language rights in Québec education : sources of law ». Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26751.
Texte intégralRésumé :
This study first provides general background on the public education system of Quebec, and the Canadian and Quebec legal systems. Legal background information includes: the classification of Canadian laws; the Common Law and Civil Law traditions of law, and the definitions of sources of law of each tradition; Quebec's bijurisdictional legal system; the court system of Quebec; Constitutional sources of law; and, the role of the Judiciary in Canadian education.This thesis is a documentary study of the sources of law which establish language of instruction rights in Quebec. Its purpose is to assist educators, students of education, and other lay persons of law to gain understanding of the legal bases upon which the Judiciary formulate decisions in matters of language of instruction. Common Law and Civil Law legislative and case law sources, which are applicable to Quebec, are identified and examined, and relevant sources presented.
In addition to providing a summary for Common Law sources, and for Civil Law sources, a chronological summary is given, which reveals six main periods in the development of language of instruction provisions in Quebec.
The conclusion is that the primary sources of law for language of instruction in Quebec are: s. 93 of the Constitution Act, 1867, and case law thereunder; and, the judicial interpretation and provisions of s. 23 of the Constitution Act, 1982. Future case law in Quebec may reveal s. 23 of the Canadian Charter of Rights and Freedoms, 1982 to be the most significant source of law for the preservation of minority English language instruction, institutions, and rights of management and control.
13
Dunn, Kimberlee Harper. « Germanic Women : Mundium and Property, 400-1000 ». Thesis, University of North Texas, 2006. https://digital.library.unt.edu/ark:/67531/metadc5378/.
Texte intégralRésumé :
Abstract Many historians would like to discover a time of relative freedom, security and independence for women of the past. The Germanic era, from 400-1000 AD, was a time of stability, and security due to limitations the law placed upon the mundwald and the legal ability of women to possess property. The system of compensations that the Germans initiated in an effort to stop the blood feuds between Germanic families, served as a deterrent to men that might physically or sexually abuse women. The majority of the sources used in this work were the Germanic Codes generally dated from 498-1024 AD. Ancient Roman and Germanic sources provide background information about the individual tribes. Secondary sources provide a contrast to the ideas of this thesis, and information.
14
Guilherme, Maria Lígia Freire. « Os discursos sobre a identidade de sujeitos trans em textos online : neutralização, enquadramento e relações dialógicas ». Universidade Tecnológica Federal do Paraná, 2017. http://repositorio.utfpr.edu.br/jspui/handle/1/3010.
Texte intégralRésumé :
O reconhecimento da identidade de gênero e o uso do nome social são algumas das principais pautas do movimento trans e LGBTI e contribuem para a diminuição da opressão e exclusão desse grupo social. Essas demandas foram parcialmente atendidas com a publicação do Decreto Nº 8.727, que dispõe sobre o uso do nome social e o reconhecimento da identidade de gênero de pessoas trans em órgãos públicos federais, suscitando diversas reações-respostas nas diferentes esferas sociais. A presente pesquisa teve como objetivo analisar os discursos sobre a identidade de pessoas trans em textos online, mais precisamente a partir das relações dialógicas entre o Decreto Nº 8.727, de 28 de abril de 2016, e notícias do jornalismo online. Nesta análise, foram considerados dados de pesquisa, além do referido decreto, dez notícias do jornalismo online, publicadas entre abril de 2016 e agosto de 2017, que tematizam questões relativas ao uso do nome social e ao reconhecimento da identidade de gênero, buscando verificar que relações de diálogo se tecem entre os enunciados e o Decreto Nº 8.727. A ancoragem teórico-metodológica da pesquisa teve como embasamento os estudos do Círculo de Bakhtin (BAKHTIN, 2012[1920-1924; 2014[1927]; 2015[1930-1936]; 2014[1934-1935]; 2016[1952-1953]; 2015[1963]; 1987[1965]; 2015[1979]; BAKHTIN/VOLOCHÍNOV, 2014[1929]; VOLOCHÍNOV 2013[1930]; MEDVIEDEV, 2016[1928]), além de estudos acerca da identidade a partir da perspectiva da Linguística Aplicada e seus diálogos interdisciplinares (BHABHA, 2014; MOITA LOPES, 2003; 2006, 2010, 2013a, 2013b; RAJAGOPALAN, 2003) e também sobre as questões da transgeneridade e do gênero social (BUTLER, 2015; BENTO, 2008, JESUS, 2010a; 2010b; 2012a; 2012b; JESUS, ALVES, 2010; LOURO, 2016). Com relação às regularidades discursivas, observouse a reenunciação das teorias de gênero e sexualidade e a tentativa de neutralização por parte do discurso jornalístico, tornando opacas suas valorações. Além disso, tem-se o reenquadramento de discursos acerca da identidade de pessoas trans como estratégia discursiva por parte dos veículos de comunicação, evidenciando posicionamentos axiológicos de naturezas distintas. Nesses discursos, em alguns momentos, o Decreto Nº 8.727 e o uso do nome social eram tratados como ferramentas importantes de cidadania e visibilidade para o movimento trans, instituindo o sujeito trans como um sujeito de direito; em outros, tanto o uso do nome social quanto as vivências de gênero que extrapolam a cisnormatividade eram questionados.The recognition of gender identity and the use of the social name are some of the main guidelines of the trans and LGBTI movement and contribute to the reduction of the oppression and exclusion of this social group. These demands were partially met with the publication of the decree, which deals with the use of social name and the recognition of the gender identity of trans people in federal public agencies, provoking diverse reactions in the different social spheres. The present work had as main objective to analyze the speeches about the identity of trans people in online texts, more precisely from the conexions between Decree N. 8.727, of April 28, 2016, and news of online journalism. In this analysis, we have selected, in addition to the aforementioned decree, ten news articles on online journalism that discuss issues related to the use of social name and the recognition of gender identity, seeking to verify that dialogue relations are woven between the statements and Decree No. 8.727. To reach our goal, we opted for theoretical-methodological anchoring in Bakhtin Circle studies (BAKHTIN, 2012 [1920-1924, 2014 [1927], 2015 [1930-1936], 2014 [1934-1935], 2016 [1952-1953 (1990), [1929], and also studies of identity from the perspective of the Applied Linguistics, (BHABHA, 2014, MOITA LOPES, 2003, 2010, 2013a, 2013b; RAJAGOPALAN, 2003) and also on issues of transgender and social gender studies (BUTLER, 2015, BENTO, 2008, JESUS , 2010a; 2010b; 2012a; 2012b; JESUS, ALVES, 2010; LOURO, 2016). The data gave rise to some regularities, such as the reenactment of theories of gender and the attempt to neutralize the journalistic discourse, making their valuations opaque. In addition, there is a reframing of discourses about the identity of trans people as a discursive strategy on the part of the communication vehicles, evidencing axiological positions of different natures. In these discourses, we noticed how Decree No. 8,727 and the use of the social name were treated as important tools of citizenship and visibility for the trans movement, instituting the trans subject as a subject of law; at the sime time, both the use of the social name and the experiences of gender that extrapolated the cisnormativity were questioned.
15
GEARY, David. « An EU instrument to counter the trafficking in women for sexual exploitation into the European Union ». Doctoral thesis, 1999. http://hdl.handle.net/1814/5510.
Texte intégralRésumé :
Award date: 7 December 1999Supervisor: Prof. Y. Kravaritou
First made available online on 16 December 2019
The traffic in women for the purpose of sexual exploitation has occurred throughout history and is not a new phenomenon to Europe. Indeed, in the sixth century BC, Solon of Athens is reputed to have conscripted slaves to serve as prostitutes in brothels. For almost a century international instruments have been in force with the specific aim of eliminating this pernicious activity. That efforts to put a halt to trafficking began in earnest at the dawn of the twentieth century, the century when human rights and respect for the individual blossomed, seems fitting. Yet, strangely, it is in the last decade of this century that the Member States of the European Union have witnessed an upsurge in trafficking. Far from eliminating the trade in women, it is the abuse of women and girls which has grown to alarming proportions.
16
MILLNS, Susan. « Homosexual rights or wrongs ? : homosexuality and the law in the United Kingdom and under the European Convention on Human Rights ». Doctoral thesis, 1991. http://hdl.handle.net/1814/5467.
Texte intégral
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GUERRERO, Marion. « Lawyering for LGBT rights in Europe : the emancipatory potential of strategic litigation at the CJEU and the ECtHR ». Doctoral thesis, 2018. http://hdl.handle.net/1814/60246.
Texte intégralRésumé :
Defence date: 17 December 2018Examining Board: Professor Claire Kilpatrick, EUI (EUI Supervisor); Professor Ruth Rubio, EUI; Professor Kees Waaldijk, Leiden University; Professor Iyiola Solanke, University of Leeds
In Europe, the decisions of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) develop influence that transcends the particular case at hand. While this development has been criticised by progressive scholars, this thesis argues that it also enables civil society to participate in judicial decision making processes. In the context of Lesbian, Gay, Bi and Transgender (LGBT) rights, this thesis investigates whether "strategic litigation" before the European High Courts can be a feasible and emancipatory endeavor. The concept of "strategic litigation" - developing long-term litigation strategies in order to induce legal, social and/or political reform - is based on the recognition that adjudication is, to a large extent, a political process. To this end, strategic litigation as a (political) strategy is introduced and positioned within legal theory and the literature on "cause lawyering." Within Europe, this thesis focuses on the ECtHR and the CJEU as potential fora for strategic litigation. In order to assess their case law from an activist point of view, a "strategic litigation opportunities" framework is designed. This framework both illuminates indicators for activist intervention, and highlights the agency of LGBT rights advocates in litigation. By doing so, it challenges the view of adjudication as a purely “top-down” process. Lastly, a case study on the US LGBT rights movement, and the effective strategic litigation on (same-sex) marriage equality it has engaged in, serves as an example for the successful application of a long-term cause lawyering approach. Ultimately, this thesis will conclude that strategic LGBT rights litigation at the European High Courts can, indeed, be a feasible and emancipatory endeavour, by establishing: 1) European High Courts exert quasi-legislative power. 2) European High Courts provide procedural spaces for activist LGBT rights lawyers. 3) The European High Courts’ case law can be analysed and utilised in a progressive LGBT-rights enhancing way.
One Chapter of the PhD thesis draws upon an earlier version published as an article 'Jenseits der Kernfamilie 'funktionale Elternschaft', eine progressive Alternative aus den USA' (2010) in the journal ‘Juridikum
One chapter of the PhD thesis draws upon an earlier version published as chapter 'Activating the courtroom for same-sex family rights : windows of opportunity for strategic litigation before the European Court of human rights (ECtHR)' (2014) in the book ‘Rights on the move : rainbow families in Europe : proceedings of the conference : Trento, 16-17 October 2014’
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RINGELHEIM, Julie. « Diversité culturelle et droits de l'homme : l'émergence de la problématique des minorités dans le droit de la Convention européenne des droits de l'homme ». Doctoral thesis, 2005. http://hdl.handle.net/1814/4760.
Texte intégralRésumé :
Defence date: 16 September 2005Examining Board: Prof. Philip Alston (Supervisor, European University Institute) ; Prof. Bruno de Witte (European University Institute) ; Prof. Olivier De Schutter (Co-Supervisor, Université catholique de Louvain) ; Prof. Hélène Ruiz-Fabri (Université Paris I-Panthéon Sorbonne)
First made available online 30 March 2017
La diversité culturelle croissante des sociétés européennes et les tensions qu'elle engendre sont au cœur d'importants débats contemporains. Dans le champ juridique, ces débats se cristallisent autour de la notion de protection des minorités ethniques, religieuses ou linguistiques. Ce livre propose une analyse de la contribution de la Convention européenne des droits de l'homme à la protection de ces minorités. La Convention ne contient pas de disposition spécifique relative aux droits des personnes appartenant à des minorités. L'ouvrage montre cependant, à travers un examen critique de la jurisprudence de la Cour européenne des droits de l'homme, comment les droits individuels classiques, garantis par la Convention, permettent d'assurer le respect et la protection des identités minoritaires. Encore faut-il que ces droits soient interprétés de manière dynamique, à la lumière des principes sur lesquels la Convention se fonde, à savoir les notions de liberté, d'égalité et de société démocratique. La délicate question des limites du respect dû aux spécificités culturelles est également abordée. Pour éclairer les problèmes théoriques soulevés par la jurisprudence de la Cour, l'analyse prend en compte les débats menés en philosophie politique sur le thème du multiculturalisme et de la conciliation des différences dans une société démocratique.
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HERMANIN, Costanza. « Europeanization through judicial enforcement ? : the case of race equality policy ». Doctoral thesis, 2012. http://hdl.handle.net/1814/22689.
Texte intégralRésumé :
Defence date: 23 May 2012Examining Board: Professor Adrienne Heritier (EUI/RSCAS) (Supervisor); Professor Lisa Conant (Univ. Denver); Professor Bruno De Witte (formely EUI/Univ. Maastricht); Professor Daniel Sabbagh (CERI, Sciences Po, Paris).
First made available online on 7 November 2019
Ten years after its enthusiastic adoption in 2000, the Race Equality Directive (RED) - a deeply innovative and indeed overall far-reaching piece of equal treatment legislation – seems to be still little enforced at the level of European courts. Why? Neither a sudden retrenchment of race discrimination in Europe, nor the inaptitude of the policy to generate European Union (EU)-law litigation, can easily explain the scarce signs of the extensive judicial enforcement that characterise other EU equal treatment policies, such as those on EU-nationality, gender and age. This study zooms in on the realm of domestic politics and judicial enforcement to inquire into cross-sectional and cross-national variations in the implementation of EU equal treatment policy. To do so, I rely upon analytical tools developed by three branches of EU studies scholarship — Europeanization, compliance and judicial politics literature — and I apply them to the yet unexplored domain of race equality policy. Tracing the process of transposition, in the first place, and analysing case law databases and expert interviews with legal practitioners, in the second place, I inquire into compliance and judicial enforcement in three EU countries: France, Germany and Italy. The findings of this comparative study confirm a very limited judicial enforcement of the RED, especially as domestic patterns of adversarial litigation in the domain of race equality are concerned. I explain this divergence looking at the ‗containment‘ action that domestic policymakers may exert on directives at the moment of transposition. In the case of the RED, this action crucially impinged on aspects likely to determine enforcement dynamics, such as those elements of the process regulating access to judicial redress. This work shows that in the case of a policy measure such as the RED, focused on individual judicial redress and mainly targeted towards disadvantaged end-users, the harmonization of some process elements is crucial to determining converging implementation dynamics. If Europeanization is contained at the moment of transposition, judicial enforcement can be seriously hindered at the national as well as the supranational levels even in presence of domestic legal mobilization. In addition to that, the thesis shows how limited raceconsciousness is to be found in contemporary European jurisprudence as well as in the claims filed by antidiscrimination law applicants.
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SMYSLOV, Maxim. « The international legal protection of minorities : non-discrimination v special rights ». Doctoral thesis, 1992. http://hdl.handle.net/1814/4788.
Texte intégralRésumé :
Defence date: 18 September 1993Examining board: Prof. A. Cassese, supervisor, European University Institute ; Dr. A. Eide, Director, Norwegian Institute of Human Rights ; Prof. Yu. Kolosov, Moscow Institute for International Relations ; Prof. D. Türk, University of Ljubliana ; Prof. J. Weiler, co-supervisor, Harvard Law School
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
21
Gregan, Sydney Henry. « Groepsregte en menseregte in 'n plurale samelewing ». Thesis, 2015. http://hdl.handle.net/10210/14202.
Texte intégral
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Dorough, Darlene (Dalee) Sambo. « The status and rights of indigenous peoples in international law : the quest for equality ». Thesis, 2002. http://hdl.handle.net/2429/13470.
Texte intégralRésumé :
My thesis is that Indigenous peoples, as distinct people, are entitled to the full
affirmation and explicit recognition of the right to self-determination in the context of the
draft U N Declaration on the Rights of Indigenous Peoples and in international law
generally. The international community, and in particular, the nation-state members of
the United Nations must uphold their legally binding international obligations in this
regard.
My methodology has been to utilize the human rights framework and approach, as
well as rights discourse to advance this thesis. In addition, I am relying upon my direct
participation in this important standard setting process, as well as the writings of various
publicists.
The right of peoples to self-determination is considered by numerous international
authorities to be jus cogens or a peremptory norm. Similarly, the prohibition of racial
discrimination is considered by numerous authorities to be a peremptory norm.
Throughout the draft Declaration debate, a number of states have proposed
wording that would dramatically alter the scope and content of the right to selfdetermination,
thereby limiting, qualifying or modifying this right in the context of
indigenous peoples.
Any state proposals to qualify, limit or modify the right of indigenous peoples to
self-determination would be racially discriminatory. If Article 3 of the draft Declaration
were to be altered - even to include the same or similar notions as might currently exist
under international law - it would invite interpretations to be applied to indigenous
peoples' right to self-determination that are different from those of other peoples. It
might also have the effect of wrongfully freezing the interpretation of this indigenous
human right, in such a manner as to prevent or otherwise stifle its natural evolution under
international law.
If there is no equality of application of the rule of law in the context of
international law and states succeed in introducing discriminatory double standards in
connection to indigenous peoples and their fundamental right to self-determination, then
the failure of the human rights framework, the United Nations system and nation-states
themselves will seriously erode the very concepts of democracy, human rights and the
rule of law.
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JÖRGENS, Frédéric. « The individual, the couple and the family : Social and legal recognition of same-sex partnerships in Europe ». Doctoral thesis, 2007. http://hdl.handle.net/1814/7042.
Texte intégralRésumé :
Defence date: 8 June 2007Examining board: Prof. Peter Wagner, Supervisor, EUI ; Prof. Donatella Della Porta, EUI ; Prof. Eric Fassin, Ecole Normale Supérieure, Paris ; Prof. Jeffrey Weeks, University of the South Bank, London
First made available online 25 June 2015.
This study analyzes the role of social and legal transformations regarding homosexuality in the construction of gay and lesbian identities. In this respect, the recognition of same-sex couples constitutes a fundamental element of a changing social environment in the contemporary European context and as a phenomenon stands at the centre of the inquiry. The interest in the functions of the law in identity construction explains the topical focus on legal changes. Qualitative research methods are combined with a theoretical inquiry into notions of recognition and identity. Fifty in-depth interviews have been conducted in France, Germany, Italy and the UK. The fieldwork focuses on a metropolitan lesbian and gay bar milieu: respondents were approached in bars and cafés in Berlin, London, Paris, and Rome. This fieldwork and the discourses and narratives that stem from it constitute the main empirical source of the project. The notion of identity management (Goffman), a critical theory approach to recognition (Honneth) and a social theory approach to the individual and social change (Kaufmann) feed into the research project from the outset and are in tum informed by it. What does it mean for lesbians and gays to experience the current debates on same-sex marriage and partnership laws? How, if at all, do the normative changes in their social environments affect their life plans, the understanding of their own lives, and the expression of homosexuality in public settings? How can the researcher link the very personal level of individual lives to the macro-level of normative change in society at large and in the legal and political realm?
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STAIANO, Fulvia. « Family life and employment of immigrant women in the European legal space : gender bias of legal norms and the transformative potential of fundamental rights ». Doctoral thesis, 2014. http://hdl.handle.net/1814/33452.
Texte intégralRésumé :
Defence date: 20 October 2014Examining Board: Professor Ruth Rubio Marín, European University Institute (Supervisor); Professor Bruno De Witte, Maastricht University and European University Institute; Professor Massimo Iovane, Università degli Studi di Napoli Federico II; Professor Siobhán Mullally, University College Cork.
This thesis starts from the consideration that law, mainly but not exclusively immigration law, can disproportionally and negatively affect immigrant women's enjoyment of their rights in conditions of equality with both immigrant men and citizen women. These perverse effects are equally evident in the fields of family life and in that of employment. In the light of this observation, the aim of this thesis is twofold. On the one hand, it seeks to verify the presence of such gendered shortcomings in apparently neutral norms applicable to immigrant women in the European legal space, both at European and domestic level. On the other hand, and most importantly, it aims to verify the transformative potential of human and fundamental rights law in this area, exploring the beneficial effects as well as the defects of this source per se and in its judicial application vis-à-vis biased norms applicable to immigrant women. In order to pursue this objective, this thesis explores three different levels of protection and enforcement of immigrant women's human and fundamental rights in the European legal space. Chapter 1 is devoted to the human rights framework established by the Council of Europe, with a special focus on the European Convention on Human Rights. Chapter 2 discusses European fundamental rights law, with main reference to the Charter of Fundamental Rights and Freedoms of the European Union. In Chapters 3 and 4 the national case studies of Italy and Spain will be analysed respectively, with reference to the multi-level system of fundamental rights protection in force in their legal orders.
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MARGIOTTA, Costanza. « Il diritto di secessione : presupposti teorici e profili internazionalistici ». Doctoral thesis, 2002. http://hdl.handle.net/1814/4702.
Texte intégralRésumé :
Defence date: 29 July 2002Examining board: Prof. Massimo La Torre (Supervisor, University of Catanzaro) ; Prof. Mauro Barberis (University of Trieste) ; Prof. Bartolomé Clavero (University of Sevilla) ; Prof. Christian Joerges (European University Institute)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
26
Leger, Sylvie N. « "People" and "minority" from theory to reality ». Thesis, 1999. http://hdl.handle.net/2429/9165.
Texte intégral
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GOODWIN, Morag. « The Romani claim to non-territorial nationhood : taking legitimacy-based claims seriously in international law ». Doctoral thesis, 2006. http://hdl.handle.net/1814/6362.
Texte intégralRésumé :
Defence date: 3 July 2006Examining Board: Prof. Neil Walker (Supervisor, European University Institute) ; Prof. Michael Keating (European University Institute) ; Prof. James Tully (University of Victoria) ; Mr. Stephen Tierney (University of Edinburgh)
First made available online on 14 May 2018
This thesis does not, however, take Catholics or English Asians as its focus, but the most disadvantaged and marginalised group in Europe: the Roma. The daily discrimination and violence Roma face in Europe and beyond is well-documented. It is not, however, the subject of consideration here. Rather, it is the claim of the Romani movement that the globally scattered groups of Roma constitute a nonterritorial nation that is the subject of this thesis. I first encountered the claim to nonterritorial nationhood in a document submitted as part of the Romani delegation to the 2001 World Conference Against Racism. The incongruence of this claim with the centrality of territory to political organisation and, consequently, to international law was striking. Yet, enquires made with my colleagues and with a wider circle of Romani leaders about the nature of this claim elicited confusing answers. This thesis project began, therefore, with the simple aim of understanding the claim itself: what was being asked for? How was a non-territorial nation to be understood? What was the claim intended to gain for those in whose name it was being made? In addition to questions internal to the nature of this particular claim, the second aim of this research was to take an external perspective. I wanted to understand how such a claim would be received: to whom was the claim being made? What consequences flowed, or could flow, from the status of being a non-territorial nation?
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Sandford, Christie. « Kymlicka and the aboriginal right ». Thesis, 1996. http://hdl.handle.net/2429/5662.
Texte intégralRésumé :
This thesis is concerned with two central questions. The first is theoretical and asks,
"Can a direct appeal be made to the foundational principles of liberalism to support
collective rights?" The second question is practical and asks: "Would such a defense
serve the interests of contemporary Canadian Aboriginal claims to special
constitutionally recognized collective rights known as the Aboriginal Right?" I utilize
Will Kymlicka's defense of minority rights as the theoretical framework in assessing this
first question and in assessing the latter, I refer to various reported Aboriginal
conceptions of the so-called Aboriginal Right which have been formalized by Aboriginal
people themselves through constitutional addresses, Royal Commission hearings,
discussion papers and legal claims.
Part I of the thesis involves an enquiry into the nature of the revisions that Kymlicka
proposes to make to liberal theory, and asks whether, in making such changes, he is able
to retain identification with the so-called "modern" liberals, with whom Kymlicka
identifies himself, and consistently defend the kind of group minority rights of the sort
actually being claimed in Canadian society today. I conclude that Kymlicka argument
fails in two respects: it fails to do the work required of it by modern liberals and it
ultimately fails to do the work required by the standards of Kymlicka own theory.
In Part II, I argue that even if it were theoretically possible to protect the good of culture
in the way that Kymlicka hopes, such a defense of collective rights fails in the most
important respect: that is, it cannot do the work required of it by the Aboriginal people
for whom it was designed.
29
ANIŠIĆ, Maša. « Innovative aspects of the UN convention on the rights of persons with disabilities ». Doctoral thesis, 2013. http://hdl.handle.net/1814/28025.
Texte intégralRésumé :
Award date: 20 June 2013Supervisor: Dr. Claire Kilpatrick, European University Institute.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The thesis examines the innovations introduced by the United Nations Convention on the Rights of Persons with Disabilities in the international human rights arena. It addresses three separate aspects of the Convention, i.e., its drafting process, its general and substantive provisions, and its provisions on implementation and monitoring. The main focus of the thesis is on the innovative mechanisms for stronger social rights realisation found within the general and substantive provisions of the Convention. The thesis argues that the Convention’s innovative use of nondiscrimination, equality, and social participation mechanisms presents a new tool that moves social rights closer to civil rights and consequently provides an effective framework for their stronger realisation. The drafting process and the implementation provisions are analysed to the extent to which they relate to the stronger social rights realisation. The thesis argues that the innovations in the drafting process affected the experimental nature of the Convention’s content and explores the future implications of stakeholder participation in the Convention’s drafting process by comparing it to the drafting of other relevant international treaties. The innovations within the implementation and monitoring provisions are relevant to the fostering of social rights, since these provisions are tasked with transforming the Convention’s text into an actual lever of change. The thesis identifies the problems currently faced by the treaty bodies, and provides an overview of the CRPD’s mechanisms to address such problems. The thesis aims to determine whether these innovations are CRPD specific, or part of a broader trend in international human rights law and to offer some concluding remarks on the Convention’s innovative mechanisms, particularly where they relate to fostering the stronger realisation of social rights and their potential to produce effects beyond the scope of disability law.
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KOMNINOS, Assimakis P. « Decentralisation and application of EC competition law by national courts and arbitrators : the awakening of EC private antitrust enforcement ». Doctoral thesis, 2007. http://hdl.handle.net/1814/6908.
Texte intégralRésumé :
Defence date: 12 January 2007Examining Board: Prof. Claus-Dieter Ehlermann (Supervisor, European University Institute) ; Prof. Laurence Idot (Ext. co-supervisor, Université Paris I Panthéon-Sorbonne) ; Sir Francis Jacobs (King's College London) ; Prof. Christian Joerges (European University Institute)
First made available online 11 September 2018
This dissertation, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.
31
Kufakunesu, Patson. « The historical and contemporary sociolinguistic status of selected minority languages in civil courts of Zimbabwe ». Thesis, 2017. http://hdl.handle.net/10500/23584.
Texte intégralRésumé :
This study examines the historical and contemporary sociolinguistic status of three minority languages, namely Shangani, Kalanga and Tonga in Chiredzi, Plumtree and Binga respectively within the civil courts of Zimbabwe. This research problematizes the issue of language choice and usage in civil courtroom discourse by native speakers of the languages under study. The background to this research endeavor is the historical dominance of English, Shona and Ndebele in public institutions as media of communication even in areas where minority languages are dominant, a situation that has resulted in minority languages having a restricted functional space in public life. Respondents in this research included native speakers of the languages under study who have attended civil courtroom sessions either as accused persons or complainants, members of rural communities including community leaders, court interpreters stationed at Binga, Chiredzi and Plumtree magistrates‟ courts and members of the Judicial Services Commission (JSC). Data was also collected from minority language advocacy groups including Tonga Language and Cultural Committee (TOLACCO), Shangani Promotion Trust (SPAT) and Kalanga Language and Culture Development (KLCDA) using semi-structured interviews. In addition, participant observation of civil courtroom proceedings involving native speakers of Kalanga, Tonga and Shangani was done. Documentary analysis of colonial and postcolonial language policies in Zimbabwe was also done. Data was analyzed using Critical Discourse Analysis (CDA) and Ecology of Language theories. The findings for this research revealed that historically, language policy making in Zimbabwe has impacted negatively on the functional roles of Shangani, Tonga and Kalanga in civil courtroom communication because of the lack of implementation clauses in national constitutions. Furthermore, language attitudes that were analyzed in conjunction with a number of factors including age, demographics, naming of provinces, awareness of constitutional provisions on language and language-in-education policies were found to be key determinant factors influencing the sociolinguistic status of Kalanga, Tonga and Shangani in civil courtroom discourse. Court interpreting and initiatives by language advocacy groups also impacted on the sociolinguistic status of the languages under study in civil courtroom interaction.Linguistics and Modern Languages
D. Phil. (Language, Linguistics and Literature)
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Ravulo, Jioji J. « The development of anti-social behaviour in Pacific youth ». Thesis, 2009. http://handle.uws.edu.au:8081/1959.7/487737.
Texte intégralRésumé :
You’re not different until someone treats you that way. It is with this reflection in mind that the research completed across the doctoral candidature concentrates on working effectively with diversity from socio-economic, socio-cultural, and the socio-political realm in an Australian context. An examination of how this then impacts across levels in various systems, including statutory and non government agencies, reveals ongoing deficits in responsiveness and competency. Individual needs are being neglected, whilst the opportunities to personally develop skills that enable class mobility, development of positive self-identity, and overall resiliency in negotiating an appropriate outcome are limited. Young offenders are treated differently predominantly as marginalised members of the community, with many social and welfare issues that perpetuate their cycle of disadvantage and negative contact with the legal system. It is within these differences, when contrasted against social risk and protective factors, that the ability to move beyond such problems becomes more of a challenge, than a reality. Pacific youth are treated differently as members of a communally-oriented ethnic population, noted for their lack of engagement with teachers, aggressive behaviours across the community, and damaging consumption of alcohol in public places. How they compare differently with other cultural groups may provide evidence that assists in understanding whether cultural elements deter pro-social behaviour, or a lack of connectivity amongst educators, law enforcers, and family. The ability to treat the needs of young offenders should be approached in a collaborative manner, catering for the range of diverse needs through a holistic psychosocial case management model. By recognising existing strengths, and reviewing solutions across 13 life domains, young Pacific offenders are provided with pathways away from anti-social behaviour. As a community composed of individuals and organisations, we ought to interact and treat differences in a manner that encourages strategic responses conducive to positive change. The development of individual, community and organisational capacity across these three specific areas is an important process of promoting movement for the betterment of those involved. Equitable change can occur through systems that encourage a responsiveness to diversity as part of a process that assists individuals in feeling included. Overall, the interest for embarking on this research was sparked by the quest to demonstrate to and give marginalised and minority youth a voice and platform to be represented in a manner that hopefully provides insight into shared experiences. This research explores the need for innovative thinking to resolve ongoing social, welfare, economic, psychological, physical, mental and emotional needs, while illustrating how these differences, when acknowledged and appreciated, can be used to create positive change.
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Dent, Kate Jean. « Minority rights and majority politics : a critical appraisal ». Diss., 2015. http://hdl.handle.net/10500/21147.
Texte intégralRésumé :
In the interplay between protection of rights and majoritarianism, the court is the arena. This research focuses on the conflicting role of the court within a constitutional democracy and a contestation of the counter-majoritarian dilemma that emerges from such a role. The counter-majoritarian dilemma centres on the idea that judges overturning decisions of the legislature through judicial review undermines democracy by thwarting the will of the majority through a subjective reading of abstract constitutional principles.
As a point of departure, the counter-majoritarian dilemma is contested by revealing that the court can be seen as a democratically consistent institution if democracy can be reconceptualised.
The examination of the South African jurisprudential climate and the adjudicative guidelines followed by the court suggests a rejection of such anti-democratic contention. The court upholds the commitments consented to at the time of the Constitution’s adoption and adjudication is reflective of the values undertaken by the country in reaction to its past. Within these values, minority rights can find a lifeline. Thus minority rights can exist through the implications of majoritarian consent. This research further identifies, in response to the counter-majoritarian dilemma, a constraining self-consciousness on the part of the court and an acute awareness of the court’s precarious role within a democratic infancy. The core of the counter-majoritarian dilemma is the view that interpretative indeterminacy of the Constitution means that the will of the people could be substituted for judicial preference. Through the examination of the court’s interpretative strategies and judicial subjectivity, this research suggests that within judicial subjectivity, adjudication continues to be reflective of the will of the people. Far from a constraining and mechanistic interpretation to avoid judicial subjectivity, the research reveals that open and non-formalist interpretative strategies are necessary to effectuate democratic conciliation within the judicial mandate. The results of this research suggest that, far from being a democratically deviant institution, the court in the current South African jurisprudential context, is the most suited to uphold the concept of democracy.Jurisprudence
LL. M.
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Difford, Crystal. « International refugee law in Europe and the temporary relocation scheme : on durable solutions for the refugee child during the refugee crisis ». Diss., 2017. http://hdl.handle.net/10500/23832.
Texte intégralRésumé :
This study explores the international obligations of the European Union to the unaccompanied asylum-seeking and refugee child. In doing so, it involves an investigation into the concept and content of durable solutions for the refugee child. As such, it analyses the effect of the temporary European relocation scheme in the search for durable solutions. To that end, it engages a comprehensive explanation of the relevant refugee law, the law of the rights of the child and the European legislative framework governing the reception and protection of refugees. Cumulatively, an assessment is made as to the effectiveness of the durable solutions that currently exist. This study seeks to establish whether, in an attempt to relieve the pressure from the frontline member states by creating a system for effective integration, Europe encourages the development of a children’s rights perspective and ultimately, provides a path for the unaccompanied child’s development and self-fulfilment.Public, Constitutional and International Law
LL. M.
35
Sweetman, Roseanne Lopers, Henriette Thompson, Bernard Zylstra et Robert E. VanderVennen. « Perspective vol. 15 no. 1 (Feb 1981) ». 2013. http://hdl.handle.net/10756/251300.
Texte intégral