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1
Baldwin, Maria. "Amnesty International, human rights & U.S. policy". Connect to this title online, 2006. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=bgsu1162681572.
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Baldwin, Maria T. "AMNESTY INTERNATIONAL, HUMAN RIGHTS & U.S POLICY". Bowling Green State University / OhioLINK, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1162681572.
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Morwe, Clement Shane. "Minority language rights in Namibia: An international human rights perspective". University of Western Cape, 2019. http://hdl.handle.net/11394/7562.
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Magister Legum - LLMNamibia is home to a number of linguistic minorities. According to the 2011 census, the Owambo constitute 49.35 per cent of the population, accounting for almost half of the country’s total population.1 The rest of the linguistic groups include the Bushman (San) (0.95 per cent), Caprivians (4.5 per cent), Herero (8.99 per cent), Kavango (10.42 per cent), Damara/Nama (11.32 per cent), Setswana (0.26 per cent), Afrikaans (8.72 per cent), German (0.54 per cent), English (2.43 per cent), other European languages (0.69 per cent), other African languages (1.74 per cent), Asian languages (0.08 per cent) and other unidentified languages (0.02 per cent).2 English is, however, the only official language in terms of the Constitution of the Republic of Namibia, 1990 (“Constitution”).3
4
Hausséguy, Nicolas. "Re-Constructing Identity. Mexico's International Human Rights Policy, 1988-2005". Thesis, Université Laval, 2006. http://www.theses.ulaval.ca/2006/23748/23748.pdf.
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Hausséguy, Nicolas Paul. "Re-constructing identity : Mexico's International Human Rights Policy, 1988-2005". Master's thesis, Université Laval, 2006. http://hdl.handle.net/20.500.11794/18260.
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Strick, Ross. "Canadian international human rights policy, the cases of Cuba and China". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ30989.pdf.
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Gravely, Janice Marie. "Counterterrorism and Human Rights Committees’ Influence on Terrorism and Human Rights Atrocities". ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7652.
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The United Nations Counterterrorism and Human Rights Committees’ current collaborative practices have failed to reduce global terrorists’ activities and human rights abuses associated with counterterrorism activities. The purpose of this qualitative case study was to explore and compare collaborative processes between the committees in combatting terrorism and human rights violations associated with counterterrorism. The researched was centered around two key questions: The similarities and differences with information sharing processes and the impacts of the committees’ collaborative processes on terrorists’ activities and human rights violations. For this study, the pragmatic paradigm theoretical framework was used, focusing on the descriptive exploratory design. Secondary data was used as a source. Additionally, face-to-face and telephonic interviews with subject matter experts were conducted. Eclectic coding was used as the primary coding methodology to integrate other coding methodologies in the analysis process. The research concluded that the current multidisciplinary collaborative process used by the United Nations Counterterrorism Committee and Human Rights Committee creates inefficiencies that enable terrorists’ activities to adapt while reinforcing their terrorist message. Strategically integrating the interdisciplinary process within both committees could expand each committee’s awareness and efficiency in specified areas while positively reducing terrorist activities and human rights violations. Developing an appreciation and understanding beyond one’s individual expertise while melding expert considerations is the basis of the interdisciplinary process that can positively effect social change for a more stable international forum.
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Fan, Rebecca C. "Governing indigenous knowledge? : a study of international law, policy, and human rights". Thesis, University of Essex, 2015. http://repository.essex.ac.uk/16538/.
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The story of indigenous peoples’ knowledge systems, also known as indigenous knowledge (hereafter IK), is a complex one tangled with different and sometimes conflicting interests, values, and interpretations from a variety of disciplines, or specialized fields. A number of international treaty and trade agreements that want to ‘harness’ IK also turned it into an object of global governance, as this PhD study argues. This study also argues that the well-being of IK has gradually emerged as a global agenda for sustainable development and intergenerational justice, which constitute the defining characteristics of contemporary discourse of heritage. Consequently, IK issues and debates have become more versatile and multifaceted with a widening scope and mounting stakes. This is a sociological and legal study of knowledge that analyses the epistemological struggle resulting from different understandings of the nature and purpose of IK, which has causal relationship with the inadequacies of the governing regimes documented in this study. This study argues that such struggle and inadequacy form the core problem for IK governance. Furthermore, this study takes a novel approach guided by indigenous peoples’ epistemology, which represents ties between ecology, landscape, and people in a web of connections, to argue that IK is a cross-cutting subject and a form of emplaced knowledge. Hence it is not simply a property issue or debate as most literature tends to focus on. This study further argues that what constitutes the cornerstone of IK claims by indigenous peoples is essentially biocultural diversity that nurtured and sustained IK as well as IK-holder communities as distinct peoples. Through an interdisciplinary approach of synergy and synthesis, this study developed a number of original ideas and frameworks to analyse this complex story of IK. By doing so, this study shows how IK is a challenging subject that is inevitably political; it is also tangled with inherently heterogenetic and incoherent regimes of governance, from intellectual property and trade to environmental governance and development to natural and cultural heritage and human rights. This study takes these regimes as sites of inquiry in the tradition of critical theory to further unpack and problematize the development imperative and the private-property-based system exercised by these regimes. Finally, this study concludes that IK governance can make or break vulnerable groups like indigenous peoples to a point of prosperity or deeper poverty and extinction. Therefore, it requires particular care with an integrated approach. This study aims to fill an important gap in the literature with recommendations for future policy and research.
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Fenz, Janne-Frederike. "Human Rights in Foreign Policy : The role of the Human Rights discourse throughout the Venezuelan Presidential Crisis". Thesis, Malmö universitet, Malmö högskola, Institutionen för globala politiska studier (GPS), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-42499.
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The conception of Human Rights is relatively new to international relations and their analysis and, accordingly, their location within this field, theoretically as well as practically, has not yet been ultimately identified. Their role varies among differing theoretical approaches. The aim of this work is to contribute to this discussion through working towards a theoretical framework which allows to place the normative conception of Human Rights in a rather realist analysis of foreign policy. Visualizing this attempt through reviewing the foreign policy measures initiated by the United States and the European Union towards the Maduro government throughout the Venezuelan presidential crisis, the potential impact of the Human Rights discourse for the means of legitimizing such measures becomes apparent. Eventually, the power potential the discourse holds when instrumentalized as a tool of foreign policy contributes to the understanding of its role in contemporary international relations.
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Connan, Katie. "Improving the international and regional, legal and policy framework in the prevention of sexual exploitation and abuse of women and children by international and regional peacekeepers". Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20809.
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This dissertation will examine how an international and regional, legal and policy framework can be used to prevent continuing sexual exploitation and abuse by international and regional peacekeepers. It will examine what the different laws and policies contained within the framework currently articulate about sexual exploitation and abuse of women and children in peacekeeping settings, and evaluate their effectiveness at preventing this kind of misconduct. This dissertation will conclude by exploring how the effectiveness of the overall framework could be further improved.
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Layman, Chelsea K. "Conflictual Foreign Policy of the United States: Between Security and Human Rights". Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/537.
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The United States prioritizes human rights rhetorically but not in practice. As a result, United States policy is disjointed and conflictual between human rights and security. The result is an inconsistency in foreign policy. There have been examples of this throughout United States history such as in El Salvador, Indonesia, and Bahrain.
This thesis explored the three cases in depth by 1) providing background information and a summary of human rights violations in order to provide context for the analysis, 2) listing and explaining the reasons why the United States prioritized security, and 3) analyzing when human rights are absent and present in policy.
Following the analysis of the case studies the final section sought to provide a recommendation in order to reduce the inconsistencies in United States Foreign Policy. The central recommendation focuses on merging human rights considerations within security driven policies.
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Doebbler, Curtis Francis. "The individual in the process of international human rights law : a value oriented policy". Thesis, London School of Economics and Political Science (University of London), 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.300543.
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This thesis evaluatesth e individual's role in the protection of internationalh uman rights. It argues that by conceptualizing international human rights law as a process that includes individuals as full participants we, as world society, can develop more effective strategies for achieving respect for human dignity. The study examines how current theories and policies of international human rights law attempt to achieve the policy goals of a modem world society, especially the goals related to human dignity. It does this by reviewing practices relevant to the achievement of human dignity. Part I is devoted to defining the problem, method and concepts that form the foundation of this study. In the introduction the problem is defined and in the two subsequent chapters process and participation are described. In the second part four chapters are devoted to examining past trends in specific areas of international human rights law. Both claims and authoritative decisions are described. The four chapters examine past trends in the areas of. (1) theories about the status of the individual under international law; (2) the individual's procedural capacity under international human rights law; (3) the ability of individuals to influence the creation and implementation of international human rights law by the exercise of individual human rights; and (4) individual responsibility for ensuring respect for international human rights law. The thesis of the study comest o sevene ssentialc onclusions. First, becauseh uman rights reflect individuals' values, the individual must be actively involved in their prescription, interpretation, application and evaluation. Second, historically there is adequate evidence to suggestt hat individuals have played a leading role in each of thesep rocessesa t different times during the development of international law. Third, a project to determine the optimal participatory role of the individual must consider at least the four areas of past trends dealt with in this study, to wit, theory, procedural capacity, rights and responsibilities. Fourth, the theory of international law should take into account the individual as a full participant in all processes related to the achievement of human values, especially international human rights law. Fifth, this theory should be reflected by enhancing the procedural capacity of the individual in internationalf orums. Sixth, this should be accompaniedb y the recognition of individual rights to act contrary to the laws and policies that are contrary to the achievement of values of human dignity. And seventh, the duty to respect others' human rights, both by not interfering with others' freedoms and by taking positive steps to ensure others! enjoyment of human rights, is an essentialf eatureo f a society wherein humanr ights are respecteda nd ensured. In essencet,h ese conclusions indicate that international human rights law, both in theory and in practice must reassert the priority of the individual that it has tended to neglect since the arrival of the nationstate on the world stage.
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Macarchuk, Ashley. "The Effect of International NGOs on Influencing Domestic Policy and Law". Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1866.
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This thesis attempts to understand the impact of international human rights and environmental NGOs on affecting domestic policy and law. In particular, it looks at how State-NGO relations, civil society, and accountability affect the success of international NGOs in enacting change in domestic policy. The focus is on four countries with some of the largest human rights and environmental abuses: Argentina, China, India, and Russia. Through these countries, this thesis shows that NGOs have the most influence when State-NGO relations are strong, civil society is active, and NGOs are accountable to both the State and citizens. A key component to the success of international NGOs is the State’s willingness to change. When a NGOs interests align with the State, NGOs are able to push for and achieve the largest results. The contrast between the success of human rights and environmental NGOs highlights this as many times States will not recognize their human rights abuses, but are willing to improve their environmental degradation. As a result, NGOs have been met with more success in advocating for change in environmental policy than human rights.
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Olawuyi, Damilola Sunday. "The human rights based approach to climate change mitigation : legal framework for addressing human rights questions in mitigation projects". Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:ade6153c-9dc9-4250-8fe5-2ad62ef8ddf8.
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Over the last decade, the effects of an unprecedented rise in global temperature due to climate change, on the enjoyment of human rights, especially the right to life, have been subjects of intensive scholarly attention. Gallons of juristic ink have been spilled on the need for States to adopt policy measures aimed at combating climate change. However, recent findings show that policy measures and projects aimed at mitigating climate change are in turn producing even more serious human rights concerns, especially in developing countries. These human rights issues include: mass displacement of citizens from their homes to allow for climate change mitigation projects; lack of participation by citizens in project planning and implementation; citing and concentration of projects in poor and vulnerable communities; lack of governmental accountability on projects and the absence of review and complaint mechanisms for victims to obtain redress for these problems. These secondary human rights impacts of policy measures and projects aimed at mitigating climate change have not received sufficient attention in existing literature. The aim of this research is to examine and analyse the effects of climate change mitigation projects, specifically Clean Development Mechanism (CDM) projects, on the enjoyment of fundamental human rights. It considers how lessons from the approval and execution of CDM projects could inform thoughts on the value and requirements for mainstreaming human rights safeguards into international climate change regimes in general. It analyses the legal and theoretical prospects and paradoxes of adopting the United Nations Human Rights Based Approach (HRBA) as a framework through which human rights standards may be systemically integrated and mainstreamed into extant and emerging international legal regimes on climate change.
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Madima, Reshoketswe. "A case study of whether South Africa's foreign policy with Zimbabwe and China is informed by its constitutional and international human rights obligations". Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32336.
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South Africa is a country that in the past has experienced gross human rights violations, and therefore has sought never again to have such violations. The government has sought to protect people's human rights by including them in the country's Constitution. Furthermore, South Africa has engaged with various international human rights bodies to further advocate for good human rights practices. However, the country has encountered some domestic challenges, with inequality and poverty being rife in the country. These challenges have implications for South Africa's economic foreign policy goals. This study explores South Africa's foreign policy with the Chinese government and the Zimbabwean government to explain why the country has chosen countries with poor human rights such as these. The research study will be centred around the period from 2008 to 2017. The offensive realism theory formed the theoretic framework of this research study. The study employed a qualitative research strategy as well as an interpretivist research paradigm. The findings show that when it comes to South Africa's foreign policy agenda, the government's goal is to establish a partnership with another country that will ultimately benefit the economic interests of South Africa, regardless of the country's human rights principles.
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Zelada, Carlos J., i Dunkelberg Alonso Gurmendi. "Between the shield and the sword: equal marriage from the perspective of international public policy and international human rights law". THĒMIS-Revista de Derecho, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/109197.
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In the last few years, an ever growing number of States have recognized same-sex marriage. For that reason, it is important to ask what would happen if two same-sex individuals that have legally contracted marriage in another countrywould sue for its recognition in Peru. The authors of this article study the courses ofaction available to legal operators facing this situation, in the context of the public policy exception and International Human Rights Law.For that purpose, they analize European and Inter-American case-law on the matter and offer a way forward on how to solve conflicts between foreign law, domestic law, and human rights.Durante los últimos años, cada vez más ordenamientos jurídicos han regulado el matrimonio entre personas del mismo sexo. Es importante por ello preguntarse qué sucedería si dos personas del mismo sexo que hayan contraído matrimonio legalmente en otro país exigieran que el mismo fuera reconocido en Perú.Los autores de este artículo indagan sobre las posibilidades de acción de los operadores jurídicos ante esta situación, en el marco del orden público internacional y el Derecho Internacional de los Derechos Humanos. Para ello, analizan jurisprudencia tanto europea como interamericana sobre el tema, además de ensayar una solución sobre cómo resolver conflictos entre los ordenamientos extranjeros, la normativa nacional y los derechos humanos.
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Moyo, Khulekani. "Water as a human right under international human rights law : implications for the privatisation of water services". Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80062.
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Thesis (LLD)--Stellenbosch University, 2013.Bibliography
ENGLISH ABSTRACT: The worsening scarcity of fresh water resources has led to an increasing number of people without sustainable access to safe water across the globe. Water privatisation has been presented as the panacea to addressing the global water crisis. Privatisation of water has heightened the impetus for the explicit recognition of water as a human right. This dissertation seeks to establish the legal status of the right to water under international human rights law. The dissertation further attempts to ascertain the scope and normative content of such a right. In order to answer these questions, this dissertation carries out a detailed analysis of the possible legal basis, scope and normative content of the right to water under international human rights law. The principal question that arises is how a State can ensure compliance with its human rights obligations in the event of involvement of non-State actors such as private corporations in the management and distribution of water services. This dissertation‘s main hypothesis is that although privatisation of water services does not relieve the State of its legal responsibility under international human rights law, such privatisation imposes certain obligations on private actors consistent with the right to water. The dissertation goes beyond articulating normative considerations and looks at implementation at the national level by highlighting good practices on the practical implementation of the right to water consistent with the normative standards imposed by the right. The dissertation‘s key contribution is its development of an accountability model to ensure that States and private actors involved in the provision of water services have clearly designated roles and responsibilities consistent with the human right to water. If properly implemented, the model has the potential to give greater specification to the normative commitments imposed by the right to water in privatisation scenarios.
AFRIKAANSE OPSOMMING: Die verergerende skaarste van vars water bronne het aanleiding gegee tot die toename in die hoeveelheid mense sonder volhoubare toegang tot veilige water oor die hele aarde. Dit word aangevoer dat die privatisering van water die wondermiddel is om die globale water krisis aan te spreek. Die privatisering van water het aanleiding gegee tot 'n verskerpte aandrang om water uitdruklik te erken as 'n mensereg. Hierdie proefskrif poog om die regsstatus van die reg tot water te vestig binne die raamwerk van internasionale menseregte. Die proefskrif probeer verder om vas te stel wat die omvang en normatiewe inhoud van so 'n reg sal wees. Vervolgens voltrek hierdie proefskrif 'n uitvoerige analise van die moontlike regsbasis, omvang en normatiewe inhoud van die reg tot water binne die raamwerk van internasionale menseregte. Die vernaamste vraag wat opduik is hoe 'n Staat kan verseker dat sy menseregte verpligtinge nagekom word waar nie-Regeringsrolspelers soos korporasies betrokke is by die bestuur en distribusie van waterdienste. Die kern hipotese van hierdie proefskrif is dat alhoewel die privatisering van waterdienste nie die Staat verlig van sy regsverpligtinge in terme van internasionale menseregte nie, sodanige privatisering sekere verpligtinge aan privaatrolspelers voorskryf wat in lyn is met die reg op water. Hierdie proefskrif gaan verder as die artikulering van normatiewe oorwegings en kyk ook na die implementering op nasionale vlak deur goeie praktyke uit te lig met betrekking tot die prakiese implementering van die reg tot water wat konsekwent is met die normatiewe standaarde wat die reg voorskryf. Die kern bydrae van hierdie proefskrif is die ontwikkeling van 'n aanspreeklikheismodel wat versker dat Regerings en privaat rolspelers wat betrokke is by die voorsiening van waterdienste duidelik aangewysde funksies en verantwoordelikhede het wat in lyn is met die reg tot water. Indien hierdie model behoorlik implementeer word, het dit die potensiaal om grooter spesifikasie te gee aan die normatiewe verpligtinge wat deur die reg tot water voorgeskryf word in privatiserings scenarios.
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Mfakele, Weekend. "A critical appraisal of South Africa's voting patterns on resolutions of the United Nations Human Rights Council in the period 2008- 2010 and 2013-2015". Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5150.
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Magister Philosophiae - MPhilDespite the fact that South Africa in terms of its Constitution and foreign policy believes in making human rights central to its activities, on many occasions in the UNHRC, it has been found voting opposite to these values. In this regard, it has been found aligning itself with the countries known for poor human rights records. Subsequently, this raises the question of whether the current foreign policy of South Africa is still driven by the high regard for human rights. As a result, this paper endeavours to look specifically at the voting records and patterns of the Government of South Africa as a member of the UN Human Rights Council (2008-2010 and 2013-2015). It will assess such a record with a view to determine whether the Government's foreign policy is in compliance with its international human rights obligations.
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Barratt, Amanda. "The battle for policy space : strategic advantages of a human rights approach in international intellectual property negotiations". Doctoral thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/4431.
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Includes abstract.Includes bibliographical references (leaves 310-370).
The patent system exists to encourage the development of new products from which society will benefit. The strength of protection awarded to patented products is a policy decision, allowing states to balance the monopoly rights of patent-owners against the inherent social costs of monopoly protection. The effective policy space within which states may establish domestic patent policy is increasingly circumscribed by international rules prescribing minimum protection levels regardless of local circumstances or consequences. In international negotiations, developing states have attempted to resist policy space curtailment using arguments that rely on foundational principles of the intellectual property system: its public purpose and its commitment to balancing costs and benefits. This negotiating stance has not been effective; its opponents counterargue that stronger patent protection achieves the same ends. This dissertation examines the resulting circular discussions at the 2001-2003 Doha negotiations and the WIPO Development Agenda talks since 2004. I argue that the impasse stems from an inability to move beyond the costs-benefits tension inherent in the patent system. Economists have been unable to resolve this tension by identifying optimal protection levels. Furthermore, intellectual property theory is unable to provide a bottom line at which the short-term social costs of patent monopolies must be deemed unacceptable, regardless of anticipated longerterm benefits. The developing states' negotiating stance will be strengthened if a bottom line can be identified. I argue that the International Covenant on Economic Social and Cultural Rights provides benchmarks to fulfil this function. ICESCR obligations are specific, objective, and measurable; they have international legitimacy; and they bind almost all states. I examine the Article 12 right to health to show that states violate the ICESCR if they ratify other treaties which reduce policy space and make it more difficult for states to adopt policies to meet their domestic or extraterritorial obligations. I also examine Article 15, concluding that it is insufficiently developed to offer firm guidelines. I use insights from international relations theory to examine the practical possibilities of adopting a human rights-based approach, and argue that the strategy will become progressively more effective as human rights norms are internalized through the negotiating process and by other means.
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Wuryandari, Ganewati. "Human rights in Australian foreign policy, with specific reference to East Timor and Papua". University of Western Australia. School of Social and Cultural Studies, 2006. http://theses.library.uwa.edu.au/adt-WU2007.0041.
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[Truncated abstract] This thesis focuses on human rights in Australia’s foreign policy from 1991 to 2004 taking East Timor and Papua as case studies. It encompasses the Paul Keating years (1991 to 1996) as well as John Howard’s three consecutive terms as Prime Minister (from 1996 to 2004). As a consequence of events unfolding in this period of time, the thesis does not consider Australian foreign policy towards East Timor beyond the 1999 referendum that resulted in the separation of East Timor from Indonesia and focuses on Papua until 2004. The primary empirical aim of this thesis is to compare and contrast the two administrations’ approaches and responses to human rights abuses in East Timor and Papua. Drawing upon a variety of theoretical concepts in human rights and foreign policy, this thesis shows that incorporating a concern for human rights in the foreign policy making process is problematic because the promotion of human rights often comes into conflict with other foreign policy objectives . . . The two case studies on human rights abuses in East Timor and Papua reflect the tensions between concepts of realism and idealism in Australian foreign policy. However, the situation of East Timor shows that public pressure is required to balance the disparity of national interest and human rights. The role of public pressure has been largely absent in debates on human rights and foreign policy. While this study focuses on East Timor and Papua as case studies, the discussion of the findings has far reaching implications for Australian foreign policy and international relations, especially concerning the scholarly debate over the place of human rights in foreign policy.
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George, Rachel. "From contestation to convergence? : a constructivist critique of the impact of UN Human Rights Treaty ratification on interpretations of Islam in the Gulf Cooperation Council (GCC) countries". Thesis, London School of Economics and Political Science (University of London), 2018. http://etheses.lse.ac.uk/3722/.
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This thesis discusses UN human rights treaty ratification in Gulf Cooperation Council (GCC) countries. Ratification of human rights treaties by most GCC countries, often with extensive reservations concerning the compatibility of certain provisions with Islam, has generated international debate about the applicability of international human rights norms in an Islamic context. With poor compliance records, GCC cases are seen to demonstrate that global human rights norms fail to diffuse and take hold in specific local contexts. This thesis disputes this claim by arguing that normative change can be observed in these cases. It offers a constructivist critique of “norm diffusion” literature by focusing on changes in language and ideas, rather than on legal changes and implementation. Using the cases of the Convention Against Torture, the Convention on the Rights of the Child, the Convention on the Elimination of all forms of Discrimination Against Women and the International Covenant on Civil and Political Rights, the thesis identifies when and how language and ideas about Islam and human rights have been shaped by UN conceptualizations of rights as a result of GCC engagement with these treaties. Examining both Arabic and English sources and carrying out analysis of the discourses in UN documents, employing legal analysis of recent constitutional documents and laws, and through interview research, the thesis demonstrates how arguments about Islam and human rights in the GCC have been shaped by treaty engagement since the 1990s. By demonstrating ratification’s impact on GCC actors’ use of UN human rights vocabulary and concepts within an Islamic context, the thesis argues that ratification matters more than the conventional literature suggests. It concludes that, even in cases that human rights treaties have failed to result in improved practices, they have contributed to the framing of interpretations of Islam alongside UN human rights concepts, a process that is worthy of greater scholarly attention.
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Cai, Ying. "Human rights policies of foreign capital companies of China". Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2554513.
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Melde, Susanne. "Ahead of the game? : the human rights origins and potential of Argentina's 2004 migration policy". Thesis, University of Sussex, 2017. http://sro.sussex.ac.uk/id/eprint/72928/.
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Jäglin, Joel. "Discrimination with regard to economic and social rights of Roma : A study of the international obligations of Serbia in the human rights system of the Council of Europe". Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-52720.
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Van, Gensen Wendy-Lee. "Assessment of the development of victims' rights within the legislative and policy framework in South Africa". Thesis, University of the Western Cape, 2009. http://hdl.handle.net/11394/3791.
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Magister Legum - LLMThis study assesses the development ofvictims' rights in the legislative and policy framework in South Africa. It is argued that although victims' rights are recognised more has to be done to concretise these rights.
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Franczak, Michael Edward. "Free Markets, Human Rights, and Global Power: American Foreign Policy and the North-South Dialogue, 1971-1982". Thesis, Boston College, 2018. http://hdl.handle.net/2345/bc-ir:107963.
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Thesis advisor: James E. CroninThesis advisor: Seth Jacobs
Under the banner of a New International Economic Order (NIEO), in the 1970s a coalition of developing countries forced the U.S. and other rich nations to revisit the terms of the post-World War II economic settlement through comprehensive global negotiations. This dissertation argues that this economic showdown reshaped U.S. foreign policy and made global inequality a major threat to American national security. Using newly available sources from presidential libraries, the personal papers of cabinet members and ambassadors, and interviews with former National Security Council officials, it demonstrates how the NIEO and accompanying “North-South dialogue” negotiations became an inflection point for some of the greatest economic, political, and moral crises of the 1970s, including the end of “Golden Age” liberalism and the return of the market, the splintering of the Democratic Party and the building of the Reagan coalition, and the role of human rights in foreign policy. U.S. policy debates and decisions in the North-South dialogue, it concludes, were pivotal moments in the histories of three ideological trends—neoliberalism, neoconservatism, and human rights—that would form the core of America’s post-Cold War foreign policy
Thesis (PhD) — Boston College, 2018
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: History
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Armendariz, Veronica S. "Paradox Lost: Explaining Cross-National Variation in Case Volume at the European Court of Human Rights". Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/political_science_theses/41.
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Existing research on states and human rights focuses primarily on international treaty ratification, post-treaty rating systems, and ad hoc reports on adherence in individual countries. Additionally, the literature is characterized by disproportionate attention to certain rights to the neglect of others, thereby painting an incomplete and potentially inaccurate picture of a state’s practice and implementation of human rights. Consequently, the extant literature too frequently disregards key domestic and international factors as determinants of cross-national variation in the implementation and protection of human rights, and it instead generates paradoxical claims about human rights and state behavior. With Europe as its empirical focus, this study tests one assertion that state strength relative to societal actors impacts the frequency of cases heard at the European Court of Human Rights. Findings suggest that state strength indeed plays a role in the overall number of cases from member states in the European human rights system.
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Hosseinioun, Mishana. "The globalisation of universal human rights and the Middle East". Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:8f6bdf79-2512-4f32-840a-3565a096ae8d.
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The goal of this study is to generate a more holistic picture of the diffusion and assimilation of universal human rights norms in diverse cultural and political settings such as the Middle East and North Africa (MENA). The overarching question to be investigated in this thesis is the relationship between the evolving international human rights regime and the emerging human rights normative and legal culture in the Middle East. This question will be investigated in detail with reference to regional human rights schemes such as the Arab Charter of Human Rights, as well as local human rights developments in three Middle Eastern states, Egypt, the United Arab Emirates, and the Islamic Republic of Iran. Having gauged the take-up of human rights norms on the ground at the local and regional levels, the thesis examines in full the extent of socialisation and internalisation of human rights norms across the Middle East region at large.
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Yon, William Thompson. "Overlapping human rights jurisdictions in Europe: an application of constructivism to regional studies". Oberlin College Honors Theses / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1285871087.
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Bungane, Mbulelo Shadrack. "South Africa's Human Rights Diplomacy in Africa : 1994-2008". Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/43686.
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The study examines SA‟s human rights diplomacy in Africa and the selected countries, namely Libya, Nigeria, the Sudan and Zimbabwe during the presidencies of Presidents Mandela and Mbeki. When SA decided to follow an ethics based foreign policy, especially in the area of human rights, it joined a number of countries who had adopted a similar approach such the United States of America, the Netherlands and Australia. These countries have an established history of human rights diplomacy which is supported by institutional and policy frameworks.
The study argues that although both presidents were committed to a human rights oriented foreign policy, due to constraints that they faced in the continent human rights issues were not consistently and concertedly pursued by them, especially following SA‟s 1995 engagement with Nigeria during the term of the Sani Abacha government. These constraints led to a major shift in SA‟s human rights diplomacy. This shift entailed a move away from unilateral action to reliance on multilateral forums to deal with human rights challenges; the development of continental norms and standards, as well as strengthening continental structures; and conflict resolution and post-conflict reconstruction and development in Africa. This shift became evident in the content of Departmental strategic plans, and reporting both internally and externally to oversight structures such as Parliament. Hardly any proactive plans were developed to address human rights issues in any of the individual countries. Reporting to Parliament also focused on developments at a multilateral level both at the UN and AU with little coverage of human rights issues in individual countries.
The use of multilateral bodies such as the SADC to address human rights issues became more pronounced, the Zimbabwean crisis being the case in point. Despite the merits of the collective approach, its value is diminished if it is undertaken to the exclusion of bilateral engagements by South African diplomats in specific countries or if gross human rights violations are not raised in multilateral bodies. Similarly, the significance of the normative framework and requisite structures cannot be doubted, but because the results of these initiatives are only realisable in the medium to long term, this approach needs to be buttressed by bilateral diplomatic engagements.
During the period from 1994 to 2008, SA also engaged in a number of conflict resolution and post-conflict reconstruction and development initiatives. These interventions averted human rights violations by securing peace as well as facilitating the development of constitutional and related frameworks to ensure the protection of human rights in the affected states.
In conclusion, with the exception of Nigeria, SA hardly intervened on its own to intercede on behalf of victims of civil and political rights violations in any of the four states covered by the study. Its approach undermined its commitment to promote and protect human rights in the African continent.Dissertation (MA)--University of Pretoria, 2013.
gm2015
Political Sciences
MA
Unrestricted
31
Svedberg, Hannes. "Rights, Politics and Refugees : The Critical Legal Studies critique of rights and the Swedish shift in asylum and refugee policy of 2015 and 2016". Thesis, Uppsala universitet, Etik, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-295083.
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This thesis engages and scrutinizes critiques of rights developed in Critical Legal Studies scholarship and critical international law theory, specifically as formulated in the works of prominent and influential legal theorists Duncan Kennedy and Martti Koskenniemi, and draws on them to grapple with the changes that Swedish refugee and asylum policy went through during the fall/winter of 2015 and 2016. During this period, a series of drastic and far-reaching restrictions were enacted. Despite this, the Swedish government could still, albeit under immense criticism, claim a status for their policies as respecting human rights and adhering to the principles of international law. Against this background, the purpose of this study is to examine anew, using works of Kennedy and Koskenniemi, the relationship between the concept of human rights on the one hand and politics on the other, and how this relationship can be observed to have been (re)negotiated during the policy shift in Sweden. The thesis also raises the question of whether any general or uniform assessment of rights discourse is available in the works of the chosen theorists, and if so, of what this consists. The results show that the indeterminacy and contingency of rights frameworks, which is pointed to by both theorists, provides a suitable perspective from which to view the flexibility of the discourse, but this perspective is also seen as partially inadequate and in need of being supplemented with an account of what, or who, effects actual policy outcomes and thus determines the social meaning and contents of human rights. The theoretical tools developed by Koskenniemi help explain how the structural biases of the deciding institutions, the Swedish government and the EU, contribute to the re-definition of the content of refugee rights. Further, it is argued that both theorists have some difficulty in expounding in any clear and unambiguous way just what consequences their critiques might have for how rights discourses can and should be approached. An engagement with asylum and refugee rights from a critical legal theory perspective was thus shown as offering both problems and possibilities.
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Gama, Fabio Ribeiro Humphreys. "A declaração das Nações Unidas sobre a educação e formação em direitos humanos: retórica e perspectivas de efetivação". Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2140/tde-06062013-152632/.
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Em dezembro de 2011, a Assembleia Geral aprovou a Resolução 66/137 adotando a Declaração das Nações das Nações Unidas sobre a Educação e Formação em Direitos Humanos em sequencia ao processo educativo em direitos humanos - iniciado em 1948 com a Declaração dos Direitos Humanos - que vem em evolução constante, principalmente a partir da década de noventa. A Declaração é a reafirmação da comunidade internacional da necessidade de uma mudança de paradigma e valores que orientem a vida cotidiana dos indivíduos em todo o mundo e que é responsável pelo estado atual dos direitos humanos. Com a adoção deste novo documento internacional, começa o processo de difusão e disseminação do seu conteúdo visando a efetivação do direito humano à educação em direitos humanos - agora indubitavelmente positivado que, sem embargo, deverá superar diversos obstáculos estruturais para a aceitação dos princípios contidos na Declaração Universal dos Direitos Humanos, vale dizer, os valores e tradições nas sociedades baseadas no patriarcalismo e no capitalismo neoliberal.In December, 2011, the UN General Assembly approved the Resolution 66/137 adopting the United Nations Declaration on Human Rights Education and Training following the human rights education movement started in 1948 by the Universal Declaration of Human Rights in an on-going evolution mainly as of the 90`s. The Declaration is the ratification by the international community of the need of changing paradigm and values which orient the life of individuals in daily basis worldwide and that is responsible for the current state of the human rights. With the adoption of this new international document the process of diffusion and dissemination of its content started aiming at the effectiveness of the right to human rights education. Yet, the Declaration must overcome many structural obstacles for the acceptance of its principles, in especial, the values and traditions of the societies based on the patriarchy and the neoliberal capitalism.
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Canga, P. "Detention of minors in the United Kingdom and Turkey as an immigration policy : assessing the predictive value of human rights compliance theory". Thesis, City, University of London, 2017. http://openaccess.city.ac.uk/19259/.
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The end of World War II was the beginning of an era of promises being made for the protection of human rights. Since then, the international community has established a variety of legal instruments that aim to achieve this protection. These legal instruments at the international level provide certain standards for states to fulfil, such as the right to a fair trial and prohibition of arbitrary detention. Despite the growing international human rights network including several official and non-official actors, non-compliance with international protection standards by states is still a serious challenge within the system. The ever-enlarging literature on international law compliance theories persistently seeks to find ways to overcome this problem. Immigration detention of children, one of the human rights issues on which the international network has provided guidance to states, has been practiced by Turkish and British immigration authorities for a considerable period of time. This practice has been justified on the grounds of efficient immigration control. Nevertheless, these two countries recently took legislative steps towards compliance with international human rights standards regarding immigration detention of minors. This research investigated these processes in Turkey and the UK to find out whether there were any actors that influenced the decision to change legislation by applying a selected compliance theory that focuses on socialisation between various actors such as courts and international monitoring bodies and the state. It was clear that these two very different countries reached the same conclusions via distinct routes, in reference to different reasons and motivations. While the theory’s predictive value showed only limited success in the UK’s case due to its reliance on socialisation and international law, it had high explanatory power for Turkey’s case. Nonetheless, it still demonstrated the importance of identifying actors capable of influencing decisionmaking of states to further strengthen the system of protection of human rights.
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Alati, Daniel. "Domestic counter-terrorism in a global context : a comparison of legal and political structures and cultures in Canada and the United Kingdom's counter-terrorism policy-making". Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:2a37e08e-8463-4000-9fdc-389072bc5960.
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Although both Canada and the United Kingdom had experienced terrorism prior to the attacks that occurred in the United States on September 11, 2001, Roach has argued that the events of that day ‘produced a horrible natural experiment that allows us to compare how international institutions and different countries responded’. Arguably, the most significant international response post-9/11 was the United Nations Security Council Resolution 1373, which set a 90-day deadline for states to implement measures in accordance with the Resolution. Despite the fact that both Canada and the United Kingdom already had in place extensive provisions to deal with terrorism, both countries responded swiftly and their legislative responses reflect the histories and legal, political and social cultures of each country. This thesis tests the hypothesis that national security remains a bastion of national sovereignty, despite the force of international legal instruments like UN Security Council Resolution 1373 and, as such, the evolution of counter-terrorism policies in different jurisdictions is best analyzed and understood as a product of local institutional structures and cultures. To test this hypothesis, this thesis engages in comparative analyses of legal and political structures and cultures within Canada and the United Kingdom. It analyses variations in the evolution of counter-terrorism policies in the two jurisdictions and explores the domestic reasons for them. In its analysis of security certificates and bail with recognizance/investigative hearings in Canada, and detention without trial, control orders and TPIMs in the UK, this thesis reveals how domestic structures and cultures, including the legal system, the relative stability of government, local human rights culture, and geopolitical relationships all influence how counter-terrorism measures evolve.
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Filho, Antônio Sérgio Spagnuolo. "Em busca de uma agenda temática: o Brasil no Conselho de Direitos Humanos da ONU". Pontifícia Universidade Católica de São Paulo, 2012. http://tede2.pucsp.br/handle/handle/2369.
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With the election of Mr. Luiz Inácio Lula da Silva as president in 2002, Brazil began to pursue a more proactive international policy. In this context, Brazil has asserted itself on various issues at the United Nations Human Rights Council, an organ that is increasingly important to the global human rights debate. Brazil has also shown its willingness to act as a mediator at the council. The objective of this study is to review Brazilian diplomacy at the body, analyze the country's positions there, and compare them to Brazil's overall foreign policy strategy. In doing so, the study will evaluate the coherence between Brazil's rhetoric and practice in the human rights arena
A partir da eleição de Luiz Inácio Lula da Silva como presidente da República, em 2002, o Brasil tem adotado uma postura internacional mais ativa. Neste cenário, o país tem promovido a temática dos direitos humanos, e, inclusive, se mostrado assertivo em suas posições Conselho de Direitos Humanos da Organização das Nações Unidas, embora também demonstrado abordagens mediadoras e conciliadoras. Cabe a esta pesquisa fazer um balanço da atuação do Brasil neste órgão, cada vez mais necessário para o debate global de direitos, através das posições adotadas pelo país e da confluência com suas estratégias de política externa, a fim de traçar um perfil entre discurso e prática na área de direitos humanos nas relações internacionais brasileiras
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Spagnuolo, Filho Antônio Sérgio. "Em busca de uma agenda temática: o Brasil no Conselho de Direitos Humanos da ONU". Pontifícia Universidade Católica de São Paulo, 2012. https://tede2.pucsp.br/handle/handle/3452.
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Previous issue date: 2012-11-05Coordenação de Aperfeiçoamento de Pessoal de Nível Superior
With the election of Mr. Luiz Inácio Lula da Silva as president in 2002, Brazil began to pursue a more proactive international policy. In this context, Brazil has asserted itself on various issues at the United Nations Human Rights Council, an organ that is increasingly important to the global human rights debate. Brazil has also shown its willingness to act as a mediator at the council. The objective of this study is to review Brazilian diplomacy at the body, analyze the country's positions there, and compare them to Brazil's overall foreign policy strategy. In doing so, the study will evaluate the coherence between Brazil's rhetoric and practice in the human rights arena
A partir da eleição de Luiz Inácio Lula da Silva como presidente da República, em 2002, o Brasil tem adotado uma postura internacional mais ativa. Neste cenário, o país tem promovido a temática dos direitos humanos, e, inclusive, se mostrado assertivo em suas posições Conselho de Direitos Humanos da Organização das Nações Unidas, embora também demonstrado abordagens mediadoras e conciliadoras. Cabe a esta pesquisa fazer um balanço da atuação do Brasil neste órgão, cada vez mais necessário para o debate global de direitos, através das posições adotadas pelo país e da confluência com suas estratégias de política externa, a fim de traçar um perfil entre discurso e prática na área de direitos humanos nas relações internacionais brasileiras
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Rumsey, Jessie G. "Aid and International Norms: The Effects of Human Rights and Counterterrorism Regimes on U.S. Foreign Assistance Pre- and Post-9/11". Kent State University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=kent1406245077.
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Young, Sharon. "A right to die? : examining the centrality of human rights discourses to end of life policy and debate in the UK". Thesis, Kingston University, 2017. http://eprints.kingston.ac.uk/39248/.
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Death and dying are emerging as substantial topics for political and social debate in contemporary UK society. The management of end of life, traditionally defined within a medical model of care, is being challenged by a cultural shift that is apparent in the changing trajectory of dying, increasing healthcare consumerism and a rising human rights rhetoric. To a significant extent, liberty to determine one’s own death, and to request assistance to die, has come to be articulated by some as a “right to die”. Human rights discourses grounded in the values of dignity and freedom of choice are important and relevant to dying in the UK. These discourses have the potential to influence law and policy, practices and public opinion on end of life. However, there is no sociological analysis of how or when rights have come to be appropriated in an end of life context and no explanation of in what way, or to what extent, social actors are using rights discourses in relation to death and dying. This research explores the centrality of human rights discourses to end of life policy and debate on assisted death in the UK. A broad social constructionist approach to rights is taken to illuminate the ways in which selected actors understand and articulate rights in an end of life context, and how, as a result of this, a right to die may be conceived. It includes the examination of: current UK law and policy documents; transcripts of the historical and contemporary House of Lords debates; a case study of a highly influential organisation (Dignity in Dying) who campaign to legalise assisted dying, and three focus group discussions with Death Café Hampstead participants. Analysis of the data reveals that rights discourses involving individual liberty, dignity and human vulnerability are central to defining the end of life debate and policy. A notion of rights at the end of life has impacted our perception of dying but in ways that are complex, and arise as a reflection of dying at a specific period in time.
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Hanzlíčková, Lucie. "Česká zahraniční politika v oblasti lidských práv: členství v Radě pro lidská práva OSN". Master's thesis, Vysoká škola ekonomická v Praze, 2013. http://www.nusl.cz/ntk/nusl-191971.
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The thesis focuses on the Czech human rights foreign policy, especialy in the period of 2011 - 2013 during the Czech membership in the United Nations Human Rights Council. The aim is to analyze Czech human rights foreign policy during the abovementioned period and to evaluate achieving goals of the policy through Human Rights Council.
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Bregagio, Lazarte Renata, i Caycho Renato Constantino. "Legal instruments, policy tools: a look at the impact of the judgments of the Inter- American Court of Human Rights in Latin American constitutions". Politai, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/91843.
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The current research tries to recognize how the Inter-American Court of Human Rightscan influence in the legal and constitutional reforms in Latin American countries. It tries to understand what elements are required for those reforms to happen. It is stated that it requires human rights movements with knowledge of the Inter-American system and a favorable State context of at least one branch of the State. Finally, it was found that, in the cases studied, thecontext determines whether what the Inter-American Court says is applied or not.La presente investigación apunta a conocer la manera en la que la Corte Interamericana deDerechos Humanos afecta reformas jurídicas y constitucionales en los países latinoamericanos. Se busca comprender qué elementos son importantes para que se presenten las reformas. Además, se plantea que, para que estas reformas se lleven a cabo, es requerida la conjunción de movimientos con conocimiento del sistema interamericano y un contexto estatal favorable en al menos una de las ramas tradicionales del Estado. Finalmente, se encontró que, en los casos reseñados, el contexto suele ser determinante para la aplicación de lo señalado por la Corte Interamericana.
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Lawson, Amanda. "Development in the Rights Timing: How the Carter Administration Engaged NGOs in Latin American Foreign Policy". Miami University / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=miami1556893160797073.
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De, Franco Rispoli Alves Eduardo. "La diplomatie brésilienne des droits de l'homme au sein des Nations Unies". Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020007/document.
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Callaway, Rhonda L. "Is the Road to Hell Paved with Good Intentions? The Effect of U.S. Foreign Assistance and Economic Policy on Human Rights". Thesis, University of North Texas, 2001. https://digital.library.unt.edu/ark:/67531/metadc2911/.
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Theories in the international political economy literature, economic liberalism and dependency, are explored in order to test the effect of U.S. aid, trade, and investment on human rights conditions in recipient states. Two measures of human rights conditions serve as dependent variables: security rights and subsistence rights. The data cover approximately 140 countries from 1976-1996. Pooled cross-sectional time series analysis, utilizing ordinary least squares (OLS) with panel corrected standard errors, is employed due to the temporal and spatial characteristics of the data. The results indicate that foreign assistance and economic policy may not be the best approaches to altering poor human rights practices in the area of security rights. Economic and military aid is negatively associated with levels of security rights, supporting the traditional dependency perspective. While the results from trade and investment are generally in the positive direction, the lack of consistent statistical evidence suggests that increased trade and investment relationships do not dramatically improve security rights. We can conclude, however, that trade and investment fail to have the negative effect on security rights in less developed countries which critics of globalization suggest. Economic aid has a statistically significant negative effect on subsistence rights, while military aid seems to benefit the human condition in recipient states. However, extreme negative effects on security rights accompany any benefit realized in the area of subsistence rights from military aid. Trade and investment have a positive and statistically significant effect on basic human needs providing support for the liberal perspective. It appears that American businesses and politicians can forge ahead with seemingly self-interested motivations and economic policies as American economic gain ironically serves to benefit the well being of citizens in other states. However, in spite of political rhetoric and even sincere intentions regarding foreign assistance policy, it appears that the road to human rights hell is paved with good intentions.
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Mirzaei, Yengejeh Saeid. "Law-Making by the Security Council in Areas of Counter-Terrorism and Non-Proliferation of Weapons of Mass-Destruction". Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35536.
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The purpose of this thesis is to determine whether the Security Council has opened a new avenue for law-making at the international level by adopting resolutions under Chapter VII of the UN Charter which create new norms of international law or modify international norms already in force (the normative resolutions). The normative resolutions analyzed in this study pertain to the areas of counterterrorism and the non-proliferation of weapons of mass-destruction. The new approach of the Security Council has been examined in light of the Third World Approaches in International law (TWAIL), as well as from the viewpoint of mainstream lawyers. Furthermore, 15 years of State practice relating to the implementation of these normative resolutions has been studied with a view to determining whether subsequent State practice confirms the exercise of a law-making function by the Security Council.
Despite some incremental success in promoting international standards in the fight against terrorism, this thesis illustrates that the Security Council has not succeeded in introducing a new viable form of law-making. The Security Council’s authority to exercise such a function is now under serious doubt and its legitimacy questioned, as its normative resolutions were improperly initiated and adopted under the influence of a Permanent Member of the Security Council. Furthermore, the Security Council’s intervention in areas that are already highly regulated runs the risk of contributing to the fragmentation of international law—a phenomenon that undermines the coherence of international law. Currently, the Council’s normative resolutions are facing serious challenges at the implementation stage and several proceedings before national and regional courts have either directly challenged the normative resolutions, or questioned their enforceability. The Security Council is under continued pressure to further revise its practice or potentially face additional challenges before national, regional, and even international courts which may annul or quash relevant implementing measures. Thus, in light of relevant State practice, it is almost inconceivable that the Security Council would repeat its use of normative resolutions as a means of law-making in the future.
Nevertheless, the increasing powers of the United Nations Security Council also stimulates an increasing demand to hold the United Nations accountable for the possible wrongful acts of its principal organ, particularly when its decisions harm individuals. It is argued that in the absence of a compulsory judicial mechanism at the international level, non-compliance with the Council’s decisions is the only viable way to challenge the Security Council wrongful acts. Yet, non-complying State or group of States should clearly identify their actions as countermeasures vis-a-vis ultra vires acts of Security Council and seek support from other like-minded States to avoid being declared recalcitrant, which may be followed by Security Council sanctions.
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Swoger, Megan R. "Analysis of the Prevailing Practice of FGM in the Upper West Region of Ghana: Are International Laws and Domestic Policy Effective in Eradicating FGM Within the State?" Kent State University Honors College / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1527422662295883.
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Moreira, Julia Bertino 1981. "A questão dos refugiados no contexto internacional (de 1943 aos dias atuais)". [s.n.], 2006. http://repositorio.unicamp.br/jspui/handle/REPOSIP/281565.
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Orientador: Shiguenoli MiyamotoDissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciencias Humanas
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Resumo: Este trabalho tem como objetivo analisar como a questão dos refugiados foi se desenvolvendo no contexto internacional, em períodos distintos, de 1943 aos dias atuais. Tendo isso em vista, primeiramente, delimitou-se o objeto de estudo, distinguindo os refugiados dos demais grupos de deslocamentos forçados, como migrantes, deslocados internos e apátridas. Também foram apontadas as causas que levam ao refúgio e as soluções implementadas para os refugiados. Em seguida, examinou-se a questão dos refugiados a partir de três grandes intervalos de tempo: o pós-Segunda Guerra Mundial, no decorrer dos anos 1943 a 1960; a grande descolonização afro-asiática e o final da Guerra Fria, durante os anos de 1960 a 1990; e o cenário pós-Guerra Fria dos anos 1990 até a atualidade. Com isso, apresentaram-se alguns fluxos de refugiados ocorridos em várias regiões do mundo, bem como as organizações criadas para proteger os refugiados e os instrumentos internacionais e regionais elaborados em matéria de refugiados, no período mencionado. Além disso, analisou-se a atuação de alguns Estados em relação aos refugiados, destacando os momentos de cooperação e conflito entre eles, assim como a atuação do Alto Comissariado das Nações Unidas para os Refugiados (ACNUR) em prol dos refugiados, ao longo deste período. E, por fim, refletiu-se sobre a construção e transformação das definições de refugiado e sobre as diferenças entre os sistemas da ONU e os regionais de proteção aos refugiados
Abstract: The objective of this work is to analyze how the refugees¿ issue was developed in the international context, through distinct periods, from 1943 to nowadays. Considering this, first of all, the object of study was defined by distinguishing refugees from others groups of forced migration, such as migrants, internally displaced persons and stateless. The causes that lead to refuge were also pointed out, as well as the solutions adopted to refugees. After, the refugees¿ issue was examined by three great periods: the post Second World War, during 1943 to 1960; the African and Asiatic decolonization and the end of the Cold War, during 1960 to 1990; and the scenery of the post Cold War, from 1990 to nowadays. Thereby, some refugees¿ flows occurred in various regions of the world in the whole period were presented, as well as the organizations created to protect refugees and the international and regional instruments elaborated regarding refugees. Furthermore, the positions of some States related to refugees were analyzed, emphasizing the moments of cooperation and conflict among them, as well as the action of the United Nations High Commissioner for Refugees (UNHCR) in favor of refugees, along this period. And, finally, this work reflected on the construction and transformation of refugee definitions and the differences between the UN system and the regional systems of protection for refugees
Mestrado
Mestre em Ciência Política
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Schittini, João Paulo Marques. "A agenda do desenvolvimento na promoção dos direitos humanos: uma análise da política externa brasileira no governo Lula". Universidade do Estado do Rio de Janeiro, 2011. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=3159.
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Fundação Carlos Chagas Filho de Amparo a Pesquisa do Estado do Rio de JaneiroOs direitos humanos consolidaram um conjunto de valores ético-políticos considerados fundamentais para assegurar o respeito à dignidade do ser humano. A problemática do desenvolvimento é fundamental para as considerações de política externa de países como o Brasil. A consagração do Direito ao Desenvolvimento (DaD) como um direito humano desafia a divisão artificial dos direitos humanos e revela a evolução temática deste campo de estudo. Essa dissertação usa o instrumental dos direitos humanos para avaliar a relevância e a singularidade de algumas posições brasileiras. Após uma dissonância observada nos anos 1970, reflexo do ciclo autoritário por que passava o país, verificou-se postura cooperativa do Brasil nas proposições que versavam sobre o DaD. No mesmo sentido, observou-se que, conquanto não seja conceito recorrente no discurso oficial brasileiro, as posições do país, no que dizem respeito ao modelo de desenvolvimento defendido e aos direitos humanos, autorizam a inferência de que há uma harmonia em relação aos princípios fundamentais dispostos na Declaração sobre o DaD, de 1986. Da análise das posições brasileiras, tornou-se possível particularizar a política externa do governo Lula. Do levantamento das variáveis internas e externas que exercem influência sobre a formulação política do governo, bem como das iniciativas públicas e dos discursos oficiais, encontramos alguma evidência empírica no sentido de que a política externa brasileira para os direitos humanos, na administração de Luiz Inácio Lula da Silva, passa por um viés de promoção do desenvolvimento e de crítica à ordem internacional. A política se singulariza por incorporar uma dimensão de valores à crítica. Com isso, harmoniza-se com as posições defendidas pelo país nos plenários internacionais, onde o tema do DaD tem sido objeto de debate.
Human Rights have consolidated a set of ethic-political values considered essential to safeguard the respect to the dignity of the human being. The question of development is fundamental to foreign policy considerations of countries like Brazil. The consecration of the Right to Development (RTD) as a human right challenges the artificial division of Human Rights and reveals the thematic evolution of this major of study. This paper uses the instrumental of human rights to evaluate the relevance and singularity of some of the Brazilian positions. After a certain dissonance observed in the seventies, reflex of the authoritary cycle experimented by the country at that time, a cooperative stance from Brazil in the propositions that dealt with the RTD was verified. In the same sense, it was observed that despite not being a recurrent concept in the official Brazilian speach, the country?s positions concerning the model of development defended and the human rights allow to infer there is an harmony in relation to the fundamental principles placed on the Declaration on the RTD, of 1986. From the analysis of the Brazilian positions, it was possible to individualize the foreign policy of the Lula government. By the stocktaking of the internal and external variables that exert influence on the government?s political formulation, as well as of public initiatives and official speaches, we have found some empirical evidence in the sense that Brazilian foreign policy for human rights during Luiz Inácio Lula da Silva?s administration assumes an attitude of promotion of development and of criticism to international order. It is a singular policy for embodying a dimension of values to such criticism. Hence, it is harmonic with the positions defended by the country in the international plenary assemblies where the matter of RTD has been object to discussion.
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Kiymaz, Bahceci Sehnaz. "Evaluation Of Istanbul Convention Its Contributions And Constraints For Elimination Of Violence Against Women In Turkey". Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12614897/index.pdf.
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With 2011 womens movement in Turkey has a new tool for combating violence against women in their handsCouncil of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, a.k.a. the Istanbul Convention. The Convention will add several new tools to the ones used by the womens movement in Turkey since 1980s.
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Roberts, Louisa Lisle Hay. "The Globalization of the Acceptance of Homosexuality: Mass Opinion and National Policy". The Ohio State University, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=osu1494072688490484.
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Silva, Thalita Vitoria Castelo Branco Nunes. "O Conselho Nacional de Direitos Humanos como instrumento de fortalecimento da democracia no Brasil (2009/2012)". Universidade Federal da Paraíba, 2015. http://tede.biblioteca.ufpb.br:8080/handle/tede/7782.
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The policy councils are spaces for dialogue between state and society, whose aims are the democratization of public policy management and social control of civil society on governments. The bodies collegiate permanent and deliberative (or only advisory). In Brazil, there are already established councils at national, state and municipal levels, in several areas. It is understood that policy advice adds features of representative democracy, participatory and deliberative. Supported on this premise, the present study aims to analyze the importance of the National Human Rights Council in strengthening democracy in Brazil from 2009 to 2012. This council is one of the oldest in the country because it was created in 1964, fifteen days before the military coup. So if inquires: the National Council for Human Rights is an instrument of reinforcing democracy in Brazil from 2009 to 2012? In order to answer this question is adopted qualitative research, by the methods: hermeneutics and discourse analysis. The study was carried out the historical background of democracy as a political regime, in order to examine, especially the main features of representative democracy, participatory and deliberative. There was the institutionalization and the role of the National Human Rights Council in social participation in Brazil. It was emphasized the history and the work of this Council in the promotion and protection of human rights in Brazil. Through the analysis of the minutes, the bylaws, reports and council working legislation was possible to observe the argumentative process, the foundation of deliberative theory, through speech acts and political speeches made by the participants of the meetings of these spaces as well how to observe the participation and performance of the council. The survey results show that this advice was an instrument for strengthening of representative democracy, participatory and deliberative in the analyzed period; demonstrate, however, that much can be done to increase the effectiveness of democracy in that body, such as: increasing it greater autonomy from the government and making efforts for the creation and strengthening of the Human Rights Councils in the states and municipalities.
Os conselhos de políticas públicas são, geralmente, espaços de interlocução entre Estado e sociedade, cujos objetivos são a democratização da gestão das políticas públicas e o controle social sobre os governos. São órgãos colegiados, permanentes e deliberativos (ou apenas consultivos). No Brasil, já existem conselhos constituídos em âmbito nacional, estadual e municipal, nas mais diversas áreas. Entende-se que os conselhos de políticas públicas agregam características da democracia representativa, participativa e deliberativa. Apoiado nesta premissa, o presente trabalho tem como objetivo a análise da importância do Conselho Nacional de Direitos Humanos no fortalecimento da democracia no Brasil no período de 2009 a 2012. Esse conselho é um dos mais antigos do país, pois foi criado em 1964, quinze dias antes do golpe militar. Por isso, indaga-se: em que medida o Conselho Nacional de Direitos Humanos é um instrumento de fortalecimento da democracia no Brasil no período de 2009 a 2012? A fim de responder tal questionamento é adotada a pesquisa qualitativa, através dos métodos: hermenêutico e análise de discurso. No estudo foi realizado o percurso histórico da democracia como regime político, com o objetivo de examinar, sobretudo as principais características da democracia representativa, participativa e deliberativa. Verificou-se a institucionalização e o papel do Conselho Nacional de Direitos Humanos na participação social no Brasil. Enfatizou-se o histórico e a atuação deste conselho na promoção e proteção dos direitos humanos no Brasil. Através das análises das atas, do regimento interno, dos relatórios e da legislação de funcionamento do conselho foi possível a observação do processo argumentativo, fundamento da teoria deliberativa, através dos atos de fala e dos discursos políticos produzidos pelos participantes das reuniões desses espaços, bem como verificar a participação e atuação dos conselheiros. Os resultados da pesquisa apontam que esse conselho foi um instrumento de fortalecimento da democracia representativa, participativa e deliberativa no período analisado; demostram, no entanto, que muito ainda poderá ser feito para aumentar a efetividade da democracia nesse órgão, tais como: aumentando a maior autonomia dele em relação ao governo e envidando esforços para a criação e fortalecimento dos Conselhos de Direitos Humanos nos Estados e Municípios.