Tesi sul tema "Démocratie. droit naturel. droits de l'homme"
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Dermine, Elise. "Le droit au travail et les politiques d'activation des personnes sans emploi: Une étude critique de l'action du droit international des droits humains dans la recomposition des politiques sociales nationales". Doctoral thesis, Université catholique de Louvain, Louvain-la-Neuve, 2015. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/239228.
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Yamb, Gervais Désiré. "Droits humains et démocratie chez John Rawls, Jürgen Habermas et Fabien Eboussi Boulaga : contribution à la reconstruction de l'Etat de droit en Afrique Noire". Thesis, Nancy 2, 2008. http://www.theses.fr/2008NAN21001/document.
Testo completoThis thesis would like to become a prospective, critical and comparative reading of Rawls, Habermas and Eboussi Boulaga’s theories of democracy, rule of law and human rights, through some of their basic Books. The aim is, through the Operative Concept of An inviolability of Human Dignity, to understand Rawls, Habermas and Eboussi Boulaga’s meaning of human rights, democracy and rule of law. This understanding is rooted on this question: how far this meaning could be universally and normatively valid? Is it meaningful within the contemporary debate on human rights’ philosophy and on the reconstruction of the rule of law in Sub-Saharan African Countries? The answers to these questions are spreading out some logical arguments, which could determine these philosopher’s Route and their philosophical influences: they reached to the reconstruction’s theories of human rights, democracy and rule of law through a dynamic understanding of Rawls’s concept of political justice; of Habermas’s principle of discussion and communicational power of the rights’ bearers, enjoying their private and public autonomy within the framework of deliberative democracy, and, finally, of Eboussi Boulaga’s critical evaluation, by the Muntu, of the organizational functionality of social connection through some anthropological categories. In this thesis, the category of possibility is understood, as a paradigm, i.e as “bridge principle” or “procedural principle”, which can permit not only to determine some juridical, political and philosophical insights of these philosophers’ theories but also to outline some basic principles of a “communal and federalist democracy”. These principles should appear as a pathway to reconstructing the rule of law in Sub-Saharan African Countries in general and in Cameroon particularly
Salas, Cardona Juan Camilo. "Démocratie pluraliste et droits des minorités". Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00772744.
Testo completoPalaric, Bérénice. "Européanisme et synthèse culturelle dans l'œuvre tardive d'Ernst Troeltsch (1913-1923)". Electronic Thesis or Diss., Sorbonne université, 2024. http://www.theses.fr/2024SORUL109.
Testo completoThe late work of Ernst Troeltsch (1865-1923) is underpinned by his project to develop a ‘cultural synthesis of Europeanism'. Although this project remains unfinished due to Troeltsch's sudden death on February 1st 1923, it is nevertheless described in numerous writings, albeit in fragmentary form. This dissertation sets out to reconstruct its fundamental intention, analysing it particularly from the perspective of the history of ideas. On the one hand, it examines the socio-political, intellectual and philosophical context of ‘crisis' in which this project emerged and in which it could be thought of by its author as a ‘solution': the challenges posed by the defeat, the democratization of Germany, the crisis of historism, the need to overcome the myth of the Sonderweg, etc. It then seeks to situate it in relation to other competing proposals, such as Oswald Spengler's ‘decline of the West' and Max Scheler's ‘cosmopolitanism of cultural circles'. On the other hand, it aims to understand the nature of the conceptual object that is the ‘cultural synthesis of Europeanism' by analysing more specifically the relationship between its two constituent poles. To achieve this, it examines the ‘cultural synthesis', the method used to construct it, the subject responsible for implementing it, as well as its content, taking as a guiding thread the role played in their determination by ‘Europeanism' and, correlatively, by Christianity, its Doppelgänger. It ensues from the overall reflection that Troeltsch's late project can be conceived as a critical hermeneutics and a ‘teleology of the will', which is committed to an ethic of Europeanism based on both the personalistic metaphysics of Christianity and the figure of the Complexio oppositorum, understood as the unity of heterogeneities
Casenove, Emmanuelle. "Ordre juridique et démocratie dans la jurisprudence de la Cour européenne des droits de l'homme". Amiens, 1994. http://www.theses.fr/1994AMIE0002.
Testo completoUse of the concept of democracy by the European courts determines the configuration of a European legal order for human rights instituted on the basis of the European convention for the protection of human rights and fundamental liberties. The Strasbourg courts adopt two points of view about democracy. In the first place, European case law is based on the postulate that European states are democratic states. The common principles of the member states thus lays down the criterion of European democratic normality, imposed by the court with the help of a comparative and progressive method. In the second place, democracy is expressed from the human rights point of view. For example, the European courts consider that freedom of expression constitutes "one of the fundamental elements of a democratic society". The combination of these two conceptions of democracy allows the court to devise a European right that institutes a certain degree of harmonisation, even the initial stages of integration, whilst at the same time showing consideration for the diversity of the states orders. On the other hand, this way of thinking leads the court to develop an "european" concept of democracy, which permits not only a legal order to be defined but also its substance to be mastered. This conception conforms to a liberal vision of democracy which reveals, in fact, the high regard for the law and the court. Its origins come more widely from a moral code based on the principles of "pluralism, tolerance and open-mindedness"
Gbago, Barnabé Georges. "Contributions béninoises à la théorie des droits de l'homme". Paris 1, 1997. http://www.theses.fr/1997PA010308.
Testo completoBenin's capacity to invent an endogeneous path to mark her contribution to the universal values came about during the national conference held between the 19th to the 28th february 1990. . . Having proven itself, the haste with which many african states adopted the Benin model speaks for itself. However, the intellectual elite did not distance themselves enough with the western conception of human rights, even though the desire was expressed to elaborate a democratic system well-grounded in African sources. The pagan conception of human rights is not integrated in its entirety in the African charter for human and people's rights nor is it included in the Benin constitution of the 11th of december 1990. . . The Benin society will become totally pacified when it succeeds in looking into its own model of behaviour and conduct, by achieving a sense of dignity based on solidarity at the community level (like for instance, the redistribution of resources), as an expression of the balance of power between people, groups and societies. . . The social institutions ignored by the constitutional commitee still inspire basic human right's values. The basic structures pertaining to the thinking of the afro-beninese man, his way of saying and of doing things is nevertheless very important. Confronted with the institutional logic coupled with the supremacy of the law, the Benin society "oppose" its customs and functional law
Afroukh, Mustapha. "La hiérarchie des droits et libertés dans la jurisprudence de la Cour Européenne des Droits de l' Homme". Montpellier 1, 2009. http://www.theses.fr/2009MON10018.
Testo completoIt may be surprising to speak about a hierarchy of human rights law while these ones are usually presented as indivisible and interdependent due to the unity of the individual. Nevertheless, in regard of the multiplication of the human rights, it is necessary to check if the law protects them in equivalent way. The European Convention of Human Rights Law is, in this respect, a relevant subject to study insofar as it improves some rights considered as non-derogeable. As important as it may be, this non-derogeability criterion does not justify the hierarchic value of a right. Therefore, we will try to demonstrate that the European judge, himself, singularizes some fundamental rights according to their significance in the value order of European Convention on Human Rights. The Court refers for example to fundamental rights in a democratic society. We can therefore deduce that there is a material hierarchy of rights. It is hardly questionable that the fundamental right definition restricts the national margin of appreciation. The most delicate problem concerns, undoubtedly, the conflicts than may arise between fundamental rights. Even if it is hard to justify the European judge apprehension of those conflicts, we have to admit that the issues adopted do not exclude the resort to a certain establishment of hierarchy of interests in presence
Sanghare, El Hadji Malick. "La réception du droit international des droits de l'homme au Sénégal". Thesis, Grenoble, 2014. http://www.theses.fr/2014GREND004/document.
Testo completoThe study of international human rights law in Senegal refers to the examination of constitutional procedures of introduction of conventional norms in Senegalese law. It is an organisation marked by a dualism between the principles of international law, serving as a source of conceptual inspiration and internal law which independently defines the conditions of introduction and validity of this law in the national juridical system. This stage applies to all conventional norms in domestic Senegalese law. It is quite neutral, as it doesn't fully take into account the specificity of the purpose of the law, namely human rights. However, this particularity is still present in other stages of perception of international human rights law, as its internal organisation. In this context, international human rights law is integrated in the system of Civil Liberties recognized by national law. Nevertheless, are more philosophical than legal conception of human rights do not allow them real protection under the regime. The effectiveness of the international human rights law is therefore more based on institutional state guarantees under Senegalese law than on a specific regime of positive law. The democracy as political philosophy and the right to judicial review are main elements of the law. However, the cultural and social realities of the country alter their scope and give a real relevance to a promotion of this law entrusted to public and private parties. This approach, while not distorting the eminently legal character of the approval procedure, shows that the guarantee of human rights transcends the divide between public and private spaces
Pouthier, Tristan. "Droit naturel et droits individuels en France au dix-neuvième siècle". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020050/document.
Testo completoThe individual rights which were consecrated in France by the declarations of rights from the revolutionary era brought about all through Nineteenth century a body of law which aimed at organizing the legal exercise of these rights. Public law professors made an important effort at that time to theorize this novel body of law through books, scholarly reviews and teaching. It is striking thus to notice that very few memories were kept of this effort. We have far better knowledge today of the several discourses on individual rights which marked the revolutionary era than of the Nineteenth century thinking on these same rights. For instance,contemporary thought remains familiar with intellectual influences on French revolutionaries such as Locke’s, the Modern School of natural law’s or theFrench Encyclopedia’s. On the contrary, the reflection led by Nineteenth century public law scholars on individual rights has been forgotten because it has become estranged from us from a cultural point of view. Indeed, the intellectual and moral framework within which the theory of individual rights was developed at that time collapsed by the turn of the Twentieth century, thus opening the way tothe unrivaled domination of legal positivism. The aim of this doctoral dissertation is to allow a renewed access to this specific moment of the French thinking on individual rights, by setting the theory of individual rights developed by Nineteenth century public law scholars within the wider framework of the legal culture of their time. To this end, the dissertation adopts a wide perspective which includes contributions of both history of philosophy and history of legal science. Indeed, the Nineteenth century legal theory of individual rights becomes fully intelligible only when related to the very specific doctrine of natural law which dominated during a century within French universities, a doctrine which deeply marked the legal culture of that time
Souvignet, Xavier. "La prééminence du droit dans le droit de la Convention européenne des droits de l'homme". Paris 1, 2011. http://www.theses.fr/2011PA010288.
Testo completoEl, Hailouch Rachid. "Les garanties pénales de la démocratie au Maroc". Perpignan, 2004. http://www.theses.fr/2004PERP0517.
Testo completoBadji, Mamadou. "Droit naturel, droits de l'Homme et esclavage dans le contexte socio-historique sénégambien du 17e siècle à l'indépendance". Grenoble 2, 1998. http://www.theses.fr/1998GRE21010.
Testo completoIn precolonial senegambian society slavery existed in a structural way. In addition to house captivity, meaning a certain integration of slaves into a conmumity-centered society, was a trade captivity due to precarious conditions which existed in in those societies. Precarity accentuated by external transaharian and atlantic needs. The first changes to occur in the structural slavery of the senegambian societies came from europe : with the industrial revolution, and the rise, in the 18th century, of ideas, in favour of individuals liberty and security. European colonial powers-particularly france with its persistent presence on the senegambian coasts since the 17th century have expressed this change by the end of the 18th century and the early 19th, by renouncing slave trade and the development of a corpus juris adopted to the senegambian context. This corpus juris was based on the persistent of the ancient socio-economic order and on shaded application of the french law directed by the colonial public order. Ideas, vulgarised by colonists, to prohibit slavery will influence the juridical organisation in situe. Slavery was abolished in 1848. But in senegambia this abolition will be postponed for two reasons : first for reason of prudence based not only colonial objectives but also on the pertinence of the indigenious social organisation both in inivocal contradiction with the implementation of the new french legislation. The other reason was for opportunity: the administration strategy of the colonial power with remarquably adopt with local realities. Only independance will enable the return to an objective equality and the restauration of on law based state
Callejon, Lucille. "Constitution internationale et droits de l'Homme". Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10022.
Testo completoConstitutional terminology has developed far beyond States’ remit. European constitutionalism exemplifies this phenomenon, which is closely linked to the protection of human rights. However, does this loosened tie between the“Constitution” and the “State” allow us to conceive an international Constitution ? If so, what kind of ties exist between this international Constitution and human rights ? We argue that such a Constitution does exist and human rights are not just one of its subjects : they are enshrined in the international Constitution – they have a constitutional value as well as a constitutional remit. Thus human rights transform the international Constitution in two key ways. On the one hand, they alter the organisation of competencies at the international level. Although the sovereignty principle is not questioned as such, its absolute character is altered and the State’s place re-defined. On the other hand, human rights have also substantial consequences in that they are at the core of a superior project in which the environment is a key element of what should be called the “Common Good of Humanity”
Konaté, Woyo. "Universalité des droits de l'homme et mondialisation". Thesis, Montpellier 3, 2011. http://www.theses.fr/2011MON30027/document.
Testo completoHuman rights are really born with the writings of French Constituents during the 1789 revolution. These rights are the outcome of a long process of maturity of the conception of the right, which started since the classical jusnaturalisme through the divine right to result in modern jusnaturalisme, the modern natural right, which recognize for man rights by his nature. In fact, after being subject of poignant criticisms, the human rights have gained ground. They have been made legal by many bills of rights at the international as well as the regional level, and they have been constitutional thanks to democratic states. So their claim has become universal. But behind this theoretical universality is hidden a catastrophic practical reality. They are permanently and strongly violated. In fact, the fundamental obstacle which hinders the universalisation of these rights is the capitalistic globalization. This one, from its organization according to the only one logic of the market, raises difficulties of cultural, economic and political nature which prevent men from being able to enjoy their rights. But these difficulties which make the effective and universal practical of the human rights impossible are not a fatality. In fact, for a real universalisation of this norm we must remake the mondial system in substituting at the economical globalization the human rights globalization
Todorova, Marieta. "L'interdiction d'abus des droits fondamentaux". Electronic Thesis or Diss., Montpellier 1, 2011. http://www.theses.fr/2011MON10009.
Testo completoThe concept of the abuse of the right is spread in most disciplines. This prohibition is, not only, present in several legal systems, but it can also be found in the principal instruments of the protection of human rights and fundamental freedoms. Nevertheless the specificity of this branch of the law and the particular nature of the concept of the abuse of right impose the difficult issue of the compatibility of every clause prohibiting the abuse of right and the philosophy of the fundamental rights. Therefore, this interrogation requires raising the challenge of its identification in the fundamental rights area, and the challenge of its conceptualization.The identification of the abuse of the fundamental rights is problematic, since that, we are facing a notion with undetermined content revealing its plasticity and its malleability. These characteristics have the effect of integrating, in the positive law, a controversial concept, unstable and at the same time mobile and confused, they also impose the determination of the elements that contribute to the definition and the clarification of the application field of the prohibition of the abuse of the fundamental rights. The abuse of the right conceptualization can be built if we head from the basic role, that it is managed to assume in the fundamental rights area. The prohibition of abuse of fundamental rights appears to be an important element of fundamental rights legal system, whose custom has to remain exceptional, allowing not only to regulate the exercise of the individual rights but also to defend the essential values in their protection process, and in particular those inherent to every democratic society. The prohibition of abuse of right ensures the coherence and the fullness of fundamental rights legal system
Rbii, Hamid. "Environnement international et protection des droits de l'homme au Maroc : essai sur l'édification d'un État de droit (1990-1996)". Toulouse 1, 1997. http://www.theses.fr/1997TOU10070.
Testo completoThe aim of this study is the human rights situation in morocco. Indeed, in the 1990th a deep change and substantial improvement in human rights protection have been recorded in this country. This reality can be explained by two important factors. The first one is the international context post second world war, which became more favourable to individual freedom's and right's. The international law and relationships between states base oneself on reciprocal respect of the human rights. The important actors: United States, European Union, France and Amnesty International have played a great part. The second one is the national context which was ready to receive international environment's pressures and to give effect. The monarchy's will and ngo's implacable role have run onto considerable normative recasting. Two constitutional reviews, the family's right reform, penal procedure amendment, the ratification of several international agreements in human rights matter are the signs of this improvement. The establishment of the right's state has been accompanied by putting into place of several organizations: human rights office, CCDH, CNJA, Constitutional Council, administrative courts. Our approach doesn't limit oneself on the analysis of texts but confront the daily (everyday’s) reality
Norberg, Naomi. "L' internationalisation du droit américain : l'Alien Tort Claims Act et le dispositif antiterroriste". Paris 1, 2008. http://www.theses.fr/2008PA010254.
Testo completoBeltran, Gregory. "Lutter en démocratie : tensions et reconfigurations dans le militantisme pro-immigré à Tours et à Malaga, entre droit à la vie et droit d'avoir des droits". Paris, EHESS, 2011. http://www.theses.fr/2011EHES0433.
Testo completoThis thesis is about the structure and functioning of pro-immigrant activism in Tours and Malage. The data was collected through field investigation, using participative observation and interviews. It is based on the initial observation that pro-immigrant activists were often forced to use, mostly for strategical reasons, right to life arguments. Thus, in order to obtain public support or gain rights in their different struggles for equality, they would use humanitarian arguments, emphasizing the victimization of the immigrants. This strategy is linked to the underlying migratory policies existing both in France and Spain. In these countries, freedom of movement is not a legal right, even thought it is part of the Universal Declaration of Human Rights, but rather depends on exceptional arrangements. However, national and European legislation try to keep a humanist dimension in migratory issues, through regularizations for humanitarian reasons. Thus, the right to life, in its modern definition, is used to justify the claim to certain rights on the basis of the fragile and mortal nature of one's life. But this right to life does not mean the right to have rights, and is even frequently opposed to that Arendtian concept. In European democracies, activists have to face a moral contradiction: through theoretically believing in the right to have rights, they must build their arguments on the right to life. But the use of humanitarian arguments is hardly compatible with the pursuit of equality within their own activist. The aim of this thesis is to bring out and analyse the contradictions and gaps between theory and parcticein these local activist organizations
Aktypis, Spyridon. "L'institution de la légitime défense en droit international : du droit naturel à l'ordre public international". Paris 2, 2007. http://www.theses.fr/2007PA020029.
Testo completoBarry, Ousmane. "La conception et la pratique des droits de l'homme du Congrès national sud-africain (ANC)". Grenoble 2, 1996. http://www.theses.fr/1996GRE21010.
Testo completoThis thesis shows the existence of a conception and a practice of human rights of south african nationnal congress. The method adopted reveals the process of the formation of anc and its progressive joining the principles of freedom and equality of human rights but also its action to make these rules win against apartheid as a system denying the human rights, in particular the south africans' rights. The definitions of such a system as well as its description, allow to appreciate the situation of human rights and the theory of the state which is the basis of their negation. In fact, the favourable definitions of apartheid have considerably influenced the theory of its state and its practice denying the human rights in south africa. As regards the unfavourable definition, they seemingly participate in the new conception of state and society based on the respect of human rights. The actions of anc in south africa (internal practices) and in the international organisations appear as the expression of its political willingness to achieve these rights beyond their assumption. They were devoted by the adoption of a temporary constitution in 1993 which, for the first time in south africa history, recognizes human righs to all the inhabitants of the country and also by the political victory of
Delsenne, Ludivine. "Les Etats du Maghreb et la Turquie en recherche de modernité : Approche des évolutions en termes de démocratie représentative pluraliste, d'état de droit et droits de l'homme". Lille 2, 2003. http://www.theses.fr/2003LIL20024.
Testo completoModernity, hones angular dominant ground problems of Islam, is often reduced to dialectical of confrontation wrongly limited to the dialogue run up against between an antiquated civilization and a modern occident tending to reproduce the old conflict between the two religions of the book. Our intention is to account for the complexity of the relations between Islam and modernity, in the light of the experiments of Turkey and States of the Maghreb in their adaptation to a legal international environment in constant effervescence. A permanent tension enters the Western legal model often perceived like neo-colonial but considered universal and the respect of the Moslem cultural identity marked national ambivalence from the texts between the adoption of the Western constitutionnalism and the maintenance of the references to Islam, causing a certain legal ambiguity of the State. Question of the constitutional relationship between State and Islam, rises that from secularity like model of modernity adopted by Turkey, and to a certain extent by Tunisia, which remains however durably posed for Algeria and Morocco. Moreover, the attempts at bringing together between the cultural blocks, in particular between Europe and the Mediterranean, lead to a progressive and irreversible impregnation systems of national law by the international legal order conceived like a system of positive standards but also like a legal vision of the world aiming at imposing the construction of the State of right like inescapable. It results from it for the studied States a dynamic tension between the will to preserve their legal identity and that to introduce the parameter characteristics of the State of right. But, until now, this transposition remains formal. The heart of the questioning, the humans right and in particular the women's rights seem the last bastion of resistance of the complete evolution of the States studied towards modernity
Vazquez, Christophe. "Le droit à la liberté de manifestation : étude comparative". Thesis, Toulon, 2012. http://www.theses.fr/2012TOUL0066.
Testo completoThe link between the Freedom of Assembly and the Freedom of Speech, the sociological acceptance of demonstration as a political way to express oneself, the fact it has been put into practice by the citizens for more than two centuries, are as many factors binding this liberty together with the Democracy. This complex connection, occasionally conflicting, has been studied starting from theoretical analysis toward a juridical approach of the freedom of assembly. Since this Freedom has no particular object, it seemed necessary to question ourselves about its functions (and its limits) within the western democracies law system, using an interdisciplinary methodology. The resulting different hypotheses served as a base for a comparative study: French, German and American Law on one side, European Human Rights System on the other side. This comparison led to some predictable points of convergence, and to a few differences. These differences are mainly due to the original stances and methods of the national and European judges. Our reflection was then oriented towards the role of the judges in the achievement of the Freedom of Assembly, from which we have drawn a few lesson of general application about the links between Liberalism and Democracy
Todorova, Marieta. "L'interdiction d'abus des droits fondamentaux". Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10009.
Testo completoThe concept of the abuse of the right is spread in most disciplines. This prohibition is, not only, present in several legal systems, but it can also be found in the principal instruments of the protection of human rights and fundamental freedoms. Nevertheless the specificity of this branch of the law and the particular nature of the concept of the abuse of right impose the difficult issue of the compatibility of every clause prohibiting the abuse of right and the philosophy of the fundamental rights. Therefore, this interrogation requires raising the challenge of its identification in the fundamental rights area, and the challenge of its conceptualization.The identification of the abuse of the fundamental rights is problematic, since that, we are facing a notion with undetermined content revealing its plasticity and its malleability. These characteristics have the effect of integrating, in the positive law, a controversial concept, unstable and at the same time mobile and confused, they also impose the determination of the elements that contribute to the definition and the clarification of the application field of the prohibition of the abuse of the fundamental rights. The abuse of the right conceptualization can be built if we head from the basic role, that it is managed to assume in the fundamental rights area. The prohibition of abuse of fundamental rights appears to be an important element of fundamental rights legal system, whose custom has to remain exceptional, allowing not only to regulate the exercise of the individual rights but also to defend the essential values in their protection process, and in particular those inherent to every democratic society. The prohibition of abuse of right ensures the coherence and the fullness of fundamental rights legal system
Colson, Anne. "La promotion des droits de l'homme et de la démocratie dans les actions extérieures de la Comunauté et de l'Union européennes". Nancy 2, 2004. http://www.theses.fr/2004NAN20007.
Testo completoTiereaud, Sale. "Le droit international et la pratique de l'ingérence armée démocratique depuis 1945". Thesis, Nancy 2, 2009. http://www.theses.fr/2009NAN20002/document.
Testo completoDoes the international law authorize the recourse to the force with a democratic aim? Does the practice of the States and the international organizations since 1945 have to make emerge a rule sanctioning a right of armed intervention democratic? The problems of the democratic armed interference associate in the international relations right - power - ideology. If the States, in spite of the prohibition of the recourse to the force posed by the Charter of the United Nations, very often showed a certain reserve to be subjected to the international law, it should be recognized that the practice of those, very incoherent, selective and arbitrary, with regard to the armed democratic interference, mainly was apart from the legal provision. As well during the bipolar period as post bipolar, the particular interpretation of the legal provision international translates only the expression of the aforesaid instrumentalisation regulates with the profit of the ideology and the power. Even the practices of the United Nations and other international organizations cannot make it possible to establish a report of the existence of a legal provision international favorable to the military inversion of a non democratic regime, or favorable for the use of the force to promote, found, maintain, and restore a democratic regime. The practice in this matter is only circumstantial, extremely rare, inconstant and incoherent. The international law since 1945 does not recognize a right of interference armed democratic in spite of emergence more and more pregnant with a principle with international democratic legitimacy. This current trend, dictating a kind of democratic imperialism, made only support the appearance, in practice international law, attempts at new approaches of legality, which express a phenomenon of deconstruction whose interest, from the point of view of an epistemological criticism of the current rules, is not to neglect
Doui, Wawaye Augustin Jérémie. "La sécurité, la fondation de l'Etat centrafricain : contribution à la recherche de l'Etat de droit". Phd thesis, Université de Bourgogne, 2012. http://tel.archives-ouvertes.fr/tel-00732095.
Testo completoBlanc-Fily, Charlotte. "Les valeurs dans la jurisprudence de la Cour européenne des droits de l'homme : Essai critique sur l'interprétation axiologique du juge européen". Electronic Thesis or Diss., Montpellier 1, 2014. https://buadistant.univ-angers.fr/login?url=https://www.stradalex.eu/fr/se_mono/toc/VAJUCOEU.
Testo completoEverywhere in the legal precedents of the European court of human rights (ECHR), fundamental values of democratic societies are a relevant study subject to understand in which part the values are used and if they participate of a specific interpretation of the European convention based on axioms defense's. Simple rhetoric use or true argumentative tool, values resort's in the legal precedents of the ECHR need to be appreciated as an isolate interpretation method. Next to teleologic, evolutive, and consensual interpretative methods, none study try until then to systematize the resort of fundamental values of democratic societies by the judge and deduct of the European court case law the existence of a specific interpretation based on values defense's. If the European judge multiplies the resorts of values in case law, we have to notice that utilization of values competes with others interpretative methods, more contemporary, and respectful of actual societal expectations, individual claims and to enforce the subsidiarity principle. All social facts and jurisdictional necessities which are difficult to conciliate with requirement of a conservative protection of common values of the contracting States
Zoroyan, Naïra. "La réception des valeurs démocratiques européennes en Arménie : analyse générale des normes internes à la lumière des exigences de la démocratie, de l'état de droit et des droits de l'homme". Montpellier 1, 2004. http://www.theses.fr/2004MON10042.
Testo completoJoyeux-Jastrebski, Bernadette. "The role of public opinion in rights adjudication : the examples of the United States supreme court and the European Court of Human Rights". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D025/document.
Testo completoThis dissertation is part of a larger movement, both national and international, acknowledging the growing importance and inquiring about the democratic legitimacy of judicial institutions. In looking at the judicial office and its practice, it investigates the role of public opinion, largely considered an element of democratic legitimacy. To obtain a more complete perspective on judicial institutions and public opinion, a comparative approach is adopted and the United States Supreme Court, and the European Court of Human Rights are examined. This study adopts the following reasoning. At a theoretical level, it attempts to clarify The multifaceted concept of “public opinion” and to establish the different sources of judicial legitimacy, in order to determine whether public opinion can be considered such a source. At a process level, the study inquiries about the judicial practice of both courts, and the different rules and practices that allow for a direct or indirect involvement of the public, whether parties, third-parties, or the media. It then studies the substance of judicial decisions, which reveal judges' conception of the role of public opinion in democracy and in the judicial evolution of rights and liberties. The content-study of judicial decisions focuses on first on the relationship between public opinion and democracy in the protection of freedom of expression and second on the rote of public opinion in the evolution of the rights of homosexual persons
Billiottet, Arnaud. "La clause sur le respect des droits de l'homme et des principes démocratiques : contribution à l'étude de l'action extérieure de l'Union Européenne". Paris 5, 2008. http://www.theses.fr/2008PA05D010.
Testo completoThe Human rights and democratic principe clause constitute the community expression of what is now regarded as the guiding principle of the external action of the European Union, both for the definition of relations with third parties and for their implementation. This guiding principle shows a new dimension of what makes the singularity of the Union, considering that there cannot be found any similar principle in any other collectivity that is part of the international society: the States but also the International Organizations. Beyond this statement, it is demonstrated that the European Union realize a very important evolution regarding the basis of modern international Law, developped since Grotius by and for the State, in founding it, not anymore on the subjective rights of the traditional subjects of international Law, but on Human Rights. The European Union is then at the origin of what can be seen as the third step of the recognition of Human Rights in international Law
Blanc-Fily, Charlotte. "Les valeurs dans la jurisprudence de la Cour européenne des droits de l'homme : Essai critique sur l'interprétation axiologique du juge européen". Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10022/document.
Testo completoEverywhere in the legal precedents of the European court of human rights (ECHR), fundamental values of democratic societies are a relevant study subject to understand in which part the values are used and if they participate of a specific interpretation of the European convention based on axioms defense's. Simple rhetoric use or true argumentative tool, values resort's in the legal precedents of the ECHR need to be appreciated as an isolate interpretation method. Next to teleologic, evolutive, and consensual interpretative methods, none study try until then to systematize the resort of fundamental values of democratic societies by the judge and deduct of the European court case law the existence of a specific interpretation based on values defense's. If the European judge multiplies the resorts of values in case law, we have to notice that utilization of values competes with others interpretative methods, more contemporary, and respectful of actual societal expectations, individual claims and to enforce the subsidiarity principle. All social facts and jurisdictional necessities which are difficult to conciliate with requirement of a conservative protection of common values of the contracting States
Petropoulou, Athanasia. "Liberté et sécurité : les mesures antiterroristes et la Convention Européenne des Droits de l'Homme". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010274.
Testo completoThe dialectic relation between liberty and security in the context of the fight against terrorism illustrates the ambivalence and the difficulties of the articulation of these concepts, underlying the classical dilemma in the democratic political regimes: how to defend democracy without destroying its essence. The renewed interest for the subject. finds its origin in the events of September II, sinister witnesses of the extent of the dissemination and privatization of violence, which radicalized the effects and characteristics of terrorist criminality. Confronted with the tremendous force of terrorism, whose definition in law remains imprecise, national governments responded by adopting legislative measures and practices. which defy openly human rights and the Rule of Law. As far as the question of the protection of human rights is concerned. it is the judge. who has the task to limit the arbitrary action of the executive and the "excesses" of the terrorized legislator. The approach of the European Convention of Human Rights and the case-law of the Court of Strasbourg have marked the debate relating to the protection of human rights in the fight against terrorism in Europe and word wide. and has become an essential reference in this field. The study of the case -law permits us to pose the question as to whether the case-law of the Court within the last decade has radically evolved and eventually whether the predominant preventive aspect of antiterrorist policies has had an impact on the control applied by the judges. who must struck a balance between the respect of human rights and security interests in a democratic society. In this regard. the analysis of the "terrorist case-law" is based. firstly. on the protection of rights and liberties closely connected to the Rule of Law and to democratic pluralism. and secondly. on the protection of human life and dignity. two values which are fundamental in democratic societies. In spite of the danger of an attenuated proportionality control and a systematic differentiation of the scope of the protection of the rights and liberties according to the gravity of the terrorist threat the response of the European Court of Human Rights consists in reaffirming the principles of the European Convention and the values inherent to human rights and democratic society
Traoré, Ibrahima. "L'Etat de Droit dans les Républiques du Mali et du Sénégal". Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100084/document.
Testo completoLegally constituted state remains a reality in Mali and Senegal Republics, a piece of evidence the recurrent organization of competition elections which results are accepted by the losers. This democratic participation proves the interest demonstrated by decentralization politics. The latter constitute the fast track at local development. In addition, the absence of ethnic or religious parties testifies the anchor of true democracy. This one is confirmed in the democratic interpellation space during debates. These forums receive invaluable civil society expertise. But, the jurisdictional control more contributes to the rule of law because it participates in the regulation of authorities activity, in the protection of civil liberties and personal freedom
Danton, Jeremie Maurice. "La protection des droits fondamentaux par les Autorités Administratives Indépendantes (AAI) en France, au Bénin et au Sénégal. : Recherches sur la fonction des droits fondamentaux dans la dynamique interne des sous-systèmes sociaux". Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0144.
Testo completoThe lndependent Administrative Authorities (IAA) were initially seen as a shield to prevent what Professor Jacques Chevallier calls "maladministration". However, over time the fonction of these institutions has evolved. They have proliferated and spread throughout all legal systems and are therefore undergoing profound changes. The confrontation of this category of institutions with the development of systems for the protection of fondamental rights is the subject of this research. This thesis should thus highlight, on the one hand, that the legal fonction of fondamental rights (projected into the administrative space) reveals an incompleteness of the protection systems and, on the other hand, that this instrumentalization by the IAA's seems to respond to a more exhaustive approach of the social fonction of fundamental rights (understood as tools for the preservation of a necessary and imperative complexity and specialization within society)
Ouedraogo, Daouda. "Démocratisation des Etats et garantie internationale des droits démocratiques : essai sur une contribution des organisations internationales". Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0147/document.
Testo completoIf democracy refers to the political regime in which the state institutional apparatus reflects the will of the people, democratization would thus characterize any process leading to a more open and participatory authoritarian political system. But this democratization is not only the result of internal dynamics, it is also, and increasingly, the result of external actors, in particular international organizations.Since the end of the Cold War, convinced that democracy is the political system that offers the best guarantees of respect for human rights, international organizations, both universal and regional, with the United Nations in the lead, have resolutely invested themselves both from a normative and operational point of view in democracy promotion, sometimes to the point of questioning the well-established principle of State sovereignty. The promotion of democracy by international organizations is governed by a legal regime whose initial ambivalence has gradually given way to a certain coherence. This regime places individual and collective rights on States, the respect for which is monitored or even sanctioned by political and jurisdictional mechanisms, but whose effectiveness appears uncertain, thus recalling the complexity and sensitivity of the democratic question in international law
Karamaguioli, Vassiliki. "Droits de l’homme, Internet, et processus politiques participatifs : réinventer une relation à l’ère du numérique au profit des citoyens". Thesis, Paris 8, 2014. http://www.theses.fr/2014PA080062.
Testo completoThis thesis examines the implications of the use of the Internet in the political process and discusses the degree to which the Internet is a suitable space for the articulation of citizen democracy. The issues to be addressed are: Is the use of the Internet the appropriate mean to maintain a balance between the communicative power and modern democracies functioning? Does its usage risk of harm democracy and which the interrelation between the flourishing of human rights and the way Governments all around the world define the citizens -policy makers relation
Abdou, Hassan Adam. "Les droits de l'homme dans les relations entre l'Union européenne et les États de l'Afrique subsaharienne". Thesis, Normandie, 2018. http://www.theses.fr/2018NORMR061.
Testo completoThe European Union’s external action as far as human rights are concerned is specially geared toward sub-Saharan Africa, which benefits of a particular position. The purpose here is to analyze human rights in relations between the European Union and the sub-Saharan African states in terms of a search of a constant equilibrium. It is actually a matter of determining whether human rights are a factor of progress in these relations from an internationalist point of view. Through a critical and pragmatic approach, the research allowed to deliver an instrumental definition of human rights and examine the different forms of legal work in these relations. First the thesis will highlight the specificity of the integration of human rights, the creative process of human rights that is dominated by the institutions of the European Union and the instruments of promotion and protection of these laws, which are inspired by the law of the Union. The legal process of production and the product of human rights in these relations raise the question of the consistency of the various policies of the European Union in matters of development cooperation. Second, the research looks at the degree of realization of the rules of law in effects through a threshold of effectiveness and ineffectiveness. This assessment will raise the question of the incidences and the causes of effectiveness and ineffectiveness of human rights in the relations between the European Union and the sub-Saharan African states. It appears a moderate practice from the guarnanteeing mechanism of these laws, albeit through an application that varies from country to country of this legal system and of the permanence of extra legal issues. Third-party interventions in these international organizations relations (UN, AU) or of States (China) try to complete or reconsider the conditionality of the development cooperation for human rights
Fahandej-Saadi, Ardavan. "L’interaction entre la souveraineté des Etats et les droits de la personne humaine : vers la responsabilité de protéger". Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100199.
Testo completoThrough crystallization of the right and responsibility to intervene to protect the international community tries to bridge the gap between morality and legality of the interference for the protection of human rights. As interference in human protection purposes, since the end of the Cold War, found a legal basis for customary and does not correspond to an exceptional act may be justified in certain circumstances. With this approach, in case of failure of the Security Council in the implementation of military interference, regional organizations could without authorization "prior" and "precise" Security Council, commit armed interference. The study of the legal status of the UN and practices since the end of the Cold War, shows that if the right of intervention and the responsibility to protect has not yet found a foundation "live" in international conventions, however, they can find a legal basis in customary international law. Indeed, analysis of the value of UN resolutions and customary law elements of interference and the responsibility to protect demonstrate how resolutions 43/131 and 45/100 of the General Assembly inaugurated the process the right of intervention and the responsibility to protect. And since the 1990s, the practice of the Security Council, illustrated by a large number of resolutions that led to the implementation of operations just as many, and the practice of States and regional organizations to provide a legal body interference for human protection and leave no doubt about the legal nature of the latter
Traoré, Ibrahima. "L'Etat de Droit dans les Républiques du Mali et du Sénégal". Electronic Thesis or Diss., Paris 10, 2015. https://eu02.alma.exlibrisgroup.com/view/uresolver/33PUDB_IEP/openurl?u.ignore_date_coverage=true&portfolio_pid=5364073030004675&Force_direct=true.
Testo completoLegally constituted state remains a reality in Mali and Senegal Republics, a piece of evidence the recurrent organization of competition elections which results are accepted by the losers. This democratic participation proves the interest demonstrated by decentralization politics. The latter constitute the fast track at local development. In addition, the absence of ethnic or religious parties testifies the anchor of true democracy. This one is confirmed in the democratic interpellation space during debates. These forums receive invaluable civil society expertise. But, the jurisdictional control more contributes to the rule of law because it participates in the regulation of authorities activity, in the protection of civil liberties and personal freedom
Karamaguioli, Vassiliki. "Droits de l’homme, Internet, et processus politiques participatifs : réinventer une relation à l’ère du numérique au profit des citoyens". Electronic Thesis or Diss., Paris 8, 2014. http://www.theses.fr/2014PA080062.
Testo completoThis thesis examines the implications of the use of the Internet in the political process and discusses the degree to which the Internet is a suitable space for the articulation of citizen democracy. The issues to be addressed are: Is the use of the Internet the appropriate mean to maintain a balance between the communicative power and modern democracies functioning? Does its usage risk of harm democracy and which the interrelation between the flourishing of human rights and the way Governments all around the world define the citizens -policy makers relation
Alssadek, Mohamed. "Notion et pratique de la démocratie en Libye sous l'ère Khadafi". Electronic Thesis or Diss., Université Paris Cité, 2023. http://www.theses.fr/2023UNIP7162.
Testo completoDemocracy as a term is derived from the Greek word "d¿mokratia", which was coined from d¿mos ("people") and kratos ("rule or authority"). Since the emergence of the term, it has not had a comprehensive definition, but currently most authors and philosophers have identified it as a system of government linked to the rule of law and fundamental rights and freedoms. It was considered by the United Nations and international organizations as; a set of universal values. Since its independence in 1951, Libya has had a different style of democracy. It had adopted a hereditary monarchy system in federal form, a written constitution stating that Muhammad Idris al-Senussi is the king, and a parliament consisting of two chambers, which also demanded the separation of powers. The United Nations committee, led by Arian Belt, helped in establishing Libya, and the constitution was amended to make Libya a federal state in 1963. In September 1969, a group of young army officers led by Muammar Gaddafi seized power and announced the fall of the kingdom and the establishment of the Libyan Arab Republic. The fall of the Kingdom was followed by the dissolvement of the constitutional institutions, the establishment of the Revolutionary Command Council and the Arab Socialist Union, and the application of Nasser's ideology until the Cultural Revolution took place in April 1973. The Revolutionary Command Council abolished all laws and replaced them with the Qur'an. On March 2, 1977, a new unique system was adopted. Gaddafi wrote a theory called the Third International Theory in the Green Book, and the Declaration on the Establishment of the Authority of the People was declared. Since then, the name of the state has become the Great Socialist People's Libyan Arab Jamahiriya. From a theoretical perspective, this ideology is a set of criticisms of the communist and liberal systems. Because he criticized the system of representative governance across parliaments, governments, the constitution, referendums, parties, and the political class. He proposed alternative solutions, which are direct democracy through the General People's Congress, the General People's Committee, unions, and professional associations, which are tools based on unity of power, where everyone over the age of 18 is a member of the congresses. But on the practical side, it is also a representative system, so we noted that the process of naming officials and the process of enacting legislation does not take place in a direct manner. The participation rate in it is also low compared to the population, and there is a lack of elite renewal processes. The situation continued in Libya until 2003, which was known as the phase of reforms, when the Libya Al-Ghad project led by Saif al-Islam Gaddafi, son of Muammar Gaddafi, was implemented. Development began, prisoners were released, and a new constitution was written, but the path was disrupted after the outbreak of the civil war in 2011. The situation worsened, and the power and influence of militias and terrorist groups increased, corrupting the process of democratic transition. In conclusion, Libya has not experienced true democracy either during the monarchy period, the Gaddafi era, or the last two decades
Younes, Myriam. "Démocratie et terrorisme au Proche-Orient". Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30081.
Testo completoOn the dawning of the third millennium, democracy is encountering two different challenges. On the one hand, it is shaken by terrorism that flies in the face of the democratic principles and values whilst destabilizing the institutions and threatening citizens touching even the nation itself. Notwithstanding the fact that on the other hand, democracy could be challenged by non-proportional and even excessive measures taken in the context of the fight against terrorism acquitted by certain « democratic » regimes. Thus, under the pretext of countering terrorism, the behavioural pattern of some democratic states undermines the State of law and unveils violations of human rights and fundamental liberties. The current study aspires to investigate the legal infrastructure that conforms to the fight against terrorism away from compromising the principles and values of democracy. For this purpose, the following pages would highlight the dialectic contradiction between two concepts: democracy and terrorism. In fact, the current study treats two hot topics particularly significant. The first of those topics would be the establishment of the Special Tribunal for Lebanon [STL] being the first internationalized with jurisdiction over the acts of terrorism. The second of the above-mentioned topics would be a comparative study treating the current « revolutions » occurring within the Arab States, hence highlighting the need to pursue democracy versus the rise of terrorism in the region. Moreover, this study would exhibit a prospect of the fight against terrorism carried out by countries of the Near East. In addition, this study exposes some conditions by which a « disguised » democracy would be avoided, one that is struck by terrorism, towards an « authentic » democracy, striking with rights
في فجر الالفية الثالثة٬ تواجه الديمقراطية تحديين مختلفين. التحدي الاول يكمن في الارباك الذي يحدثه الارهاب بضربه المبادئ والقيم الديمقراطية معرضا المؤسسات الى الخلل٬ مهددا المواطنين والامة ايضا. التحدي الثاني يتجلى بالانحراف في مكافحة الارهاب احيانا بطرق غير متناسبة لا بل مجحفة. فتحت ستار مكافحة الارهاب يتبين بان ممارسات بعض الدول الديمقراطية يضعف دولة القانون ويظهر انتهاكات لحقوق الانسان وللحريات الاساسية. تعالج هذه الرسالة البحث حول الاسس القانونية التي تتجاوب مع مكافحة الارهاب دون التعرض للمبادئ والقيم الديمقراطية. كما تطرح التناقض الموجود ما بين مفهومي الديمقراطية والارهاب. تتناول هذه الدراسة ايضا موضوعين حاليين ذات اهمية خاصة. يتطرق الاول الى انشاء المحكمة الخاصة بلبنان كأول محكمة ذات طابع دولي تنظر في قضايا الارهاب. فيما الثاني يشمل دراسة مقارنة حول الثورات الحاصلة في الدول العربية٬ تسلط الضوء على أهمية التحول الديمقراطي في مواجهة تصاعد الارهاب في المنطقة. كما وتعرض الرسالة دراسة حول مناهضة دول الشرق الأدنى للارهاب. اخيرا تطرح معايير للخروج من الديمقراطية « المقنعة » التي يفجرها الارهاب نحو ديمقراطية « فعلية » تزخر بالقانون
Amadou, Adamou Bachirou. "Le constitutionnalisme à l’épreuve de l’intégration dans l’espace CEDEAO : contribution à l’étude de la protection des droits fondamentaux depuis l’« ouverture démocratique » en Afrique". Electronic Thesis or Diss., Toulon, 2018. http://www.theses.fr/2018TOUL0123.
Testo completoThe study of constitutionalism in the legal order of the Economic Community of West African States (ECOWAS), through the lens of the protection of fundamental rights, seems particularly interesting, such that the West African organization has undergone a profound transformation or even metamorphosis. From an economic point of view, ECOWAS has transcended it’s initial dimension to achieve supranationality, the only way to the proven effectiveness that will allow it both to seize it’s community ambition and not miss the meeting of globalization. This is evidenced by the ever-increasing constitutionalization of the Community legal order by a Praetorian method of protecting fundamental rights, which has enable the ECOWAS Court of Justice to establish it’s autonomy. However, constitutionalism does not seem to penetrate definitely the West African legal order which is only in it’s embryonic stage. Nevertheless, in the face of demands of an African democratic renewal, it was necessary to turn resolutely towards the creation of a legal and political environment conducive to the realization of the African integration project. In order to better define the community’s conviction and definitively enshrine the renewal of regionalism, the Member States had to abandon their unreasoned theoretical ambition, based on developmentalism, to guarantee the process of integration, the essential elements for the construction of it’s "identity", in particular it’s "constitutional identity". In that respect, the normative evolution of ECOWAS, first initiated by the Revised Treaty, then by the Protocol on Democracy and Good Governance and finally the Accra Protocol relating to the Court of Justice, has made it possible to determine the constitutional framework of the Community. These are fundamental evolutions which have allowed both the legalization of fundamental rights and the affirmation of West African constitutionalism. These principles of constitutional convergence thus make it possible to respond to the political and security challenges, the keystone of the construction of a public community space: the ECOWAS region
Xilakis, Eleni. "La Déclaration de 1789 en Grande-Bretagne (1789-1795)". Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010542/document.
Testo completoTrace the famous British debate on the French Revolution, to explore the meaning and analize the text of the Declaration of Human Rights 89, to show the different meanings that this text can take. Could the British look broaden our vision of French affairs, far from revolutionary whirlwind in which the declaration text becomes the sacred emblem of freedom and equality ? This is the challenge that we have tried to meet to discuss from different angles and thus reveal its plasticity. Because, although the scope of the Declaration seems indisputable, its content is subject to various interpretations. It is this ambiguity that is highlighted.Our protagonists are Richard Price, who provoked the rage of Edmund Burke ; in this violent discussion of principles and politics, we chose the defendants French affairs most relevant, namely Mary Wollstonecraft, Thomas Paine, James Mackintosh and Jeremy Bentham. We are identified the arguments from their political discourse, particularly around the Revolution, as reactivation as the social contract. Through this study, it is clear that the text itself founder of a new political era in France, may adopt different faces, depending on its observer.Indeed, the text of the Declaration of 89 is at once the subject of a dispute. And finally, it appears that this same plasticity of its text helped her transhistoricity and confirmed its universality to the present day – a universality, therefore, congenitally issue
Pagano, Dario. "Diritti naturali e Diritti Umani". Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100036/document.
Testo completoThe aim of this work concerns the relation between human rights and natural rights, in order to understand if human rights are those natural rights affirmed in the modern age. First of all, we analyse the contemporary conceptions about human rights nature, especially those which find their meaning from ontological positions. Secondly, we reconstruct the term of this comparison from three perspectives : the idea of natural rights, the concept of natural rights, the theories of natural rights. At last, after the individuation of relevants aspects between both categories, we compare them, highlighting the common points and the differences that separate their path
Ouedraogo, Ahmed Sidwaouga. "Les états africains et la justice pénale internationale". Le Havre, 2013. http://www.theses.fr/2013LEHA0005.
Testo completoThe International Criminal Court is the symbol of the international criminal justice because it is the first international permanent criminal jurisdiction in the world. Furthermore, the African States represent the most important group in term of members States. However, the international criminal court prosecutes only individuals, responsible for the violation of international humanitarian law and international human rights law. And since the beginning of the Court activities, African citizens were prosecuted and the first condemnation of the International Criminal Court is about an African. Then, due to these situations, some opinions inside African States think that the Court was created for Africans. The international criminal justice is not limited to the International criminal Court and has implications in global skills such as democracy, good governance, human rights and peace. The African States particularly suffer for lack of democracy and the international criminal justice is a way for these countries to develop themselves by building peace and justice
Sène, Moustapha. "Les nouveaux militantismes politiques dans les ONG de droits de l'Homme du Sénégal : Études comparatives des trajectoires de l'engagement et de la reconversion". Thesis, Rennes 1, 2015. http://www.theses.fr/2015REN1G023.
Testo completoIn the traditional social organizations of Sub-Saharan Africa, the struggle for national liberation and the emergence of contemporary Senegal, Human Rights have held an important place in society and they have played a pivotal role in the process of constructing the rule of law and democracy. The gradual opening to political pluralism in the 1980s and 1990s proved to be an excellent opportunity for people working on behalf of Human Rights in Western Africa and for NGOs such as RADDHO, ONDH, Amnesty International/Senegal to progressively expand and participate in the building of civil society, education, citizenship and the reinforcement of democratic acquisitions. However, with the arrival of the first wave of political change in 2000 came a regression in the respect of Human Rights. This renewal of militancy taught us about the trajectory of the militants themselves, the organization and operational strategies of Human Rights NGOs and new configurations of the public arena which were translated into the social, cultural, economic and political issues faced by Senegal. This situation has refocused attention on the impact of political militancy on Human Rights and the public arena and it is the core of this study
Amadou, Adamou Bachirou. "Le constitutionnalisme à l’épreuve de l’intégration dans l’espace CEDEAO : contribution à l’étude de la protection des droits fondamentaux depuis l’« ouverture démocratique » en Afrique". Thesis, Toulon, 2018. http://www.theses.fr/2018TOUL0123/document.
Testo completoThe study of constitutionalism in the legal order of the Economic Community of West African States (ECOWAS), through the lens of the protection of fundamental rights, seems particularly interesting, such that the West African organization has undergone a profound transformation or even metamorphosis. From an economic point of view, ECOWAS has transcended it’s initial dimension to achieve supranationality, the only way to the proven effectiveness that will allow it both to seize it’s community ambition and not miss the meeting of globalization. This is evidenced by the ever-increasing constitutionalization of the Community legal order by a Praetorian method of protecting fundamental rights, which has enable the ECOWAS Court of Justice to establish it’s autonomy. However, constitutionalism does not seem to penetrate definitely the West African legal order which is only in it’s embryonic stage. Nevertheless, in the face of demands of an African democratic renewal, it was necessary to turn resolutely towards the creation of a legal and political environment conducive to the realization of the African integration project. In order to better define the community’s conviction and definitively enshrine the renewal of regionalism, the Member States had to abandon their unreasoned theoretical ambition, based on developmentalism, to guarantee the process of integration, the essential elements for the construction of it’s "identity", in particular it’s "constitutional identity". In that respect, the normative evolution of ECOWAS, first initiated by the Revised Treaty, then by the Protocol on Democracy and Good Governance and finally the Accra Protocol relating to the Court of Justice, has made it possible to determine the constitutional framework of the Community. These are fundamental evolutions which have allowed both the legalization of fundamental rights and the affirmation of West African constitutionalism. These principles of constitutional convergence thus make it possible to respond to the political and security challenges, the keystone of the construction of a public community space: the ECOWAS region
Lattouf, Ziad. "La mise en oeuvre de l'accord d'association en Algérie - Union européenne dans les perspectives du respect des droits de l'homme". Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30002.
Testo completoThe Algerian-European association, signed on 19 December 2001 in Brussels and enforced on 1 September 2005, represents a partnership in terms of human rights. Sett off by the Barcelona Declaration of 27 & 28 November 1995, it nowadays serves as the best model for a genuine implementation of human rights in the field of assocation agreements. Inspired by Euro-Mediterranean policy whose objective is the promotion as well as protection of human rights, as stated in the universal declaration of human rights, it affects the parties, domestic and international policies and represents and essential element in the implementation of the Algerian-European association agreement. Is there a genuine implementation of the Algerian-European association agreement in the perspective of the respect of human rights? And what are the means used for that propose?
El, Azzouzi Mohamed. "L’Effectivité de l’État de droit dans la Constitution marocaine de 2011". Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0138.
Testo completoMorocco is in a decidedly modern perspective. This observation brings us back to the relevance of this theme in a country with a strong constitutional identity, driven by a remarkable extension of the foundations of its rights and freedoms.The new Constitution created in 2011 in Morocco is a founding act that crystallizes the legitimate aspirations of citizens. It constitutes through its provisions, the revaluation of human rights, justice and freedom. Thus, constitutional justice, a new concept created by the current Constitution, is an essential element in the rooting of democracy. This project aims to establish an institutional revival, which confirms the irreversible choice of the democratic state in which Morocco asserts itself.This thesis focuses on the evolution of the state governed by law in Morocco since the adoption of its new Constitution. This theme immediately appears paradoxical because of the existence of nuances between theories and practises. Throughout our research, we have tried to understand this evolution in its response to the requirements for the protection of fundamental rights and freedoms. Furthermore, following the entry into force of this Constitution we have seen the successive apparition of other mechanisms, such as the interlocutory question of constitutionality. Therefore, it is a certain fact that today Morocco seems to be oriented towards a constitutional approach of justice, where the new Court is henceforth the guarantor of the supremacy of the Constitution through a posteriory oversight.These elements led Morocco to adopt its new Constitution, which is a turning point for the country inclined to a transformation of the notion of the state in its traditional concept, towards a modern state, where the state is subject to the law. This is the direction that Marocco has chosen in order to make of the law the supreme point of reference. Morocco therefore continues to change its constitutional system through many mechanisms which reflect the rise of modern democracy