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Bouziri, Nejib. "Le pacte international des droits civils et politiques et son application par les Etats-parties". Paris 2, 1994. http://www.theses.fr/1994PA020144.
Pełny tekst źródłaThis thesis tries to prove that despite the excessive lengthiness of elaboration of the international covenant of civil and political rights and its implementation, despite also the persisting reserves demonstrated by several states towards the itnernationalization of human rights, the covenant has become a reality in the legal life of about hundredthirty state-parties. The optional protocal to the covenant had the same difficult way. It allows to individual subject to state-party to its juridiction, who claim to be victims of a violation by the state party of any of the rights set forth in the covenant to submit communications to the human right committee without prejudice to respect some conditions. By its continious control, its directives, its "final observations" to each state party and its "general observations" to all state-parties, the committee, however has efficiently help state parties to fulfill their obligations as due in the covenant by discribing the measures of implementation. Last, though the optional protocol, the human right committee has received almost six hundred communications and pointed almost hundred eighty "views" of violations of covenant. The important and remarkable case-law of the committee has given to it consideration of the state-parties, the united nations and the doctrine. At the end of this thesis, we present two proposals which might serve to prevent and eventual crisis of the human right committee. The first one in case of lack of financial and human means; the second to try to reduce the proliferation of international organs dealing with human rights
Bouziri, Nejib. "La protection des droits civils et politiques par l'ONU : l'oeuvre du Comité des droits de l'homme /". Paris ; Budapest ; Torino : l'Harmattan, 2003. http://catalogue.bnf.fr/ark:/12148/cb39003000b.
Pełny tekst źródłaEn appendice, la liste des membres anciens et actuels du Comité des droits de l'homme. Bibliogr. p. 581-592.
Turp, Daniel. "La mise en oeuvre du pacte international relatif aux droits civils et politiques à la lumière de l'expérience du Canada et du Québec". Paris 2, 1990. http://www.theses.fr/1990PA020063.
Pełny tekst źródłaThis thesis intends to demonstrate the influence of the control mechanisms of the international covenant on civil and politicals rights on the domestic implementation of this covenant in canada and quebec. The first part of the thesis includes an examination of the domestic implementation of the civil rights covenant. It outlines the lack of conformity of canadian and quebec legislation and in particular of their charters on rights and freedoms with the civil rights covenant. It highlights the growing use of the covenant by domestic courts for the purpose of interpreting and applying human rights legislation. This examination leads to the conclusions that canada and quebec's implementation of the covenant is imperfect. The second part of the thesis offers a study of the cooperation between canada, quebec and the human rights committee. It attempts to evaluate their compliance with the provisions of the covenant following the examination of reports and complaints by the committee. This cooperation and the ensuing corrective measures adopted by canada and quebec tend to prove the effectiveness of the control mechanisms of the covenant and to show an improvement in its domestic implementation by canada and quebec
Duarte, Bernadette. "Les restrictions aux droits de l'homme garantis par le Pacte international relatif aux droits civils et politiques et les Conventions américaine et européenne des droits de l'homme". Lille 2, 2005. http://www.theses.fr/2005LIL20009.
Pełny tekst źródłaThe International Covenant on Civil and Political Rights and the American and European Conventions on Human Rights authorize " restrictions ", " limitations " or even " penalties ", or recognize a right " under the conditions as prescribed by law ". The competent international control bodies confirme this possibility for states to undermine the effective exercise of certain human rights. The search of the foundation of this power of restriction and the cases under which it is recognized and admitted allow us to demonstrate the protector aspect of this power for the concerned rights and freedoms. This kind of interference constitutes a unitary conception, meets with an autonomous definition and implies a legal regime tending to standardization. The intensity of the international control of the lawful requirements differs from one to another, but we are never facing a situation allowing to give States free hand (carte blanche), even when a margin of appreciation is recognized to them
McGoldrick, Dominic. "Human Rights Committee : its role in the development of the international covenant on civil and political rights /". Oxford : Clarendon press, 1994. http://catalogue.bnf.fr/ark:/12148/cb373129241.
Pełny tekst źródłaRawaqa, Sana. "L'édification du mur israélien en Palestine". Paris 5, 2007. http://www.theses.fr/2007PA05DA06.
Pełny tekst źródłaIn June 2002, the Israeli government decided to build a wall to protect its citizens from "Palestinian terrorism". The Israeli government violates the international law by building most of the wall in the Palestinian occupied territories. From the Palestinian point of view, the wall is a "Machiavellian way" to create new facts on the ground, and to impose a unilateral solution. The Palestinian insists that the wall is an "expansionist policy" of fait accompli, and violates their rights to establish their independent state on their own land. The United Nations, the International Court of Justice, and the International Community call on the Israeli authorities to immediately dismantle the sections already built inside the occupied territories and halt the construction of the wall inside the Green line
Sarzo, Matteo. "La structure de l'obligation internationale et l'effet direct". Electronic Thesis or Diss., Paris 1, 2013. http://www.theses.fr/2013PA010272.
Pełny tekst źródłaThe thesis attempts to draw some general guidelines relating to the interpretation and implementation of international obligations within domestic law. An international rule, whereby States are obliged to achieve a certain result or to impede it, in most cases only prescribes a course of conduct. Therefore, it is through the application of domestic rules, intended as “means”, that the compliance with international law is ensured. From this point of view, domestic law in its entirety enables the implementation of international obligations, to the extent that the former grants to the organs of the State the power to behave in a precise manner in order to achieve a given objective. The issue of self-executing rules in international law is generally linked to the fact that the individual can successfully invoke against the domestic authorities the respect of an international rule accruing to him. International sub-systems, aimed at the protection of human rights, offer a standing point for validating this hypothesis, whenever they provide individuals for an access to international adjudication. Notably, an international judge may ascertain the domestic legal reasons whereby the organs of a State have breached an international obligation. In determining whether and how a domestic power has been performed, or directly assessing its conformity with the international rule breached, the international judge not only assesses the domestic conduct which gave rise to the breach, but also pinpoints the legal consequences flowing from it. On the contrary, if the international sub-system does not provide for international adjudication, the interpretation of the international rule is completely left to the organs of the State, which can discretionally find its self-executing character after examining its structure. For instance, an international obligation of “progressive” realization or due diligence would difficulty be applied by the organs of the State. Moreover, in certain areas of international law, in particular in economic relations, States excludes the domestic application of the international rule, thereby reserving to them the power to manage, at the interstate level, their commitments
Bassah, Komla Séméké. "Étude sur la légitimité du Comité des droits de l'homme des Nations Unies et sur l'effectivité de sa mission". Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0145.
Pełny tekst źródłaThe research on the legitimacy and effectiveness of the HRC stems from the observation that there is a deep lack of knowledge regarding the scope of its mission, which has a negative impact on it. This study shows that despite the limits imposed on this body by the ICCPR, its work has a very significant impact on the international human rights protection. To achieve this end, the HRC adopted interpretation methods that have earned it the attention of others bodies, strengthening by the way its legitimacy. Pursuing the same goal, in order to overcome the non-binding nature of its decisions, it endeavors to give its activity the impression of that of a formally court-like function with the purpose to facilitate States’ compliance by the degree of authority with which they are endowed. However, we propose that if States do not take a new step by setting up a single international court in human rights field, it is an urgent that the UN treaties bodies system, as it known today, be rationalized for the individual’s interests. As the effectiveness of human rights dependent on States willingness, the solution against the current pitfalls requires a large-scale political project supported by them
Sarzo, Matteo. "La struttura dell'obbligo internazionale e l'effetto diretto La structure de l'obligation internationale et l'effet direct". Doctoral thesis, Università degli studi di Padova, 2013. http://hdl.handle.net/11577/3423594.
Pełny tekst źródłaLa struttura dell’obbligazione internazionale, letta nell’ottica del suo effetto diretto è finora stata oggetto di una trattazione completa solo nei limiti di alcuni studi riguardanti i diritti umani. Il concetto di effetto diretto è generalmente inteso come il fatto che il giudice interno applichi, nel corso di un processo, la regola internazionale per risolvere la questione giuridica sottopostagli. In questo caso, una delle parti allega che la regola internazionale è stata violata nei propri confronti nella misura in cui essa impone agli organi statali di riconoscerle un vantaggio materiale. Questa interpretazione dell’effetto diretto, intesto nel senso di effetto processuale, spiega solo in parte l’interazione fra il diritto internazionale e il diritto interno. In effetti, gli organi statali tengono determinati comportamenti per raggiungere un risultato pratico, materiale, in virtù di una regola interna che conferisce loro il potere di agire. D’altronde, anche le obbligazioni internazionali prescrivono spesso la realizzazione di un evento materiale. Da quest’ottica, tutte le norme interne dovrebbero permettere agli organi di tenere dei comportamenti volti al conseguimento dell’effetto utile dell’obbligo internazionale. In tale aspetto si scorge il presupposto logico di funzionamento del diritto internazionale, che si pone come superiore all’ordinamento giuridico nazionale. D’altronde, tale conseguenza dipende anche dalla struttura dell’obbligo internazionale. Nel momento in cui esso è formulato come obbligo negativo o positivo, di diligenza o di risultato, immediato o soggetto a termine, altrettanto diverse saranno le ricadute applicative nel diritto interno e l’accertamento di una sua violazione. Può ad esempio accadere che l’obbligo internazionale primario impegni lo Stato a realizzare un vantaggio nei confronti di un singolo e, al tempo stesso, lasciare liberi gli Stati di gestire le conseguenze giuridiche di tale violazione nell’ordinamento internazionale. Questa sembra la regola nei casi in cui una specifica regola pattizia non attribuisca all’individuo leso un diritto d’azione per far constatare un’eventuale violazione di fronte a un giudice sovra statuale. Ciò può benissimo accadere tanto se l’obbligo internazionale tutela un diritto dell’uomo quanto nel caso in cui esso regoli rapporti economici. Rispetto a quest’ultimo ambito, si rivela l’essenza dell’effetto diretto, una volta messi a confronto i meccanismi del diritto dell’unione europea con i trattati che compongono l’OMC. Appare così evidente che gli Stati hanno voluto limitare gli effetti interni della norma internazionale, così riservandosi un ampio margine di discrezionalità per gestire fra loro l’adempimento dei trattati e le conseguenze che derivino dalla loro violazione.
Caviezel, Ivo. "Die Volksinitiative im allgemeinen und unter besonderer Berücksichtigung des Kantons Graubünden /". Freiburg : Universitätsverlag [für den] Institut für Föderalismus Freiburg Schweiz, 1990. http://catalogue.bnf.fr/ark:/12148/cb366798738.
Pełny tekst źródłaBenalcazar, Sébastien de. "Contribution à l'étude de la politique familiale : nature et droit". Paris 10, 2005. http://www.theses.fr/2005PA100029.
Pełny tekst źródłaThe aim of this thesis is to rediscover the value for lawyers in studying classical natural law. Today's problems in law are both practical (which rules to adopt?) and theoretical (how to justify these rules?). The question of how to justify rules is crucial given the new situation in which tradition, religion, morals and progress no longer appear capable of doing so. In practice, we resolve this issue using human rights theory. However, because of the instrumental status of reason in the human sciences, this solution is arbitrary and irrational. These problems are even more common in family law, in areas such as civil unions, homosexual marriage and same-sex parenting. On a more fundamental level, this thesis demonstrates the superiority of Aristotelian practical reason - i. E. Prudence - in resolving these problems, since it avoids the practical pitfalls and the theoretical ignorance that is encountered in family policy
André, Louis. "Le coût des libertés et des droits". Paris 8, 1995. http://www.theses.fr/1995PA080988.
Pełny tekst źródłaAt present time, states and international organisations vote laws and sign conventions aimed at the defense of liberties and of human rights. Alt these texts are only formalities. One should analyse what results of them in everyday life. Strating with the study of actual cases and representative examples, it has been established that these liberties and these rights are not automatically gained for everyone. Indeed numerous privileges deviate their application and create prohibitive powers to a minority of citizens who already possess the most important financial tools. Allthese liberties and rights have a price, and, therefore, generate a more or less important financial cost. Consequently liberties and rights are proportional to the financial possibilities of each individual. According to this restraint, nimerous are those who are excluded from all liberties and all rigths, since the more money you possess, the more "free" you are
Parizot, Cédric. "Le mois de la bienvenue : Réappropriations des mécanismes électoraux et réajustements de rapports de pouvoir chez les Bédouins du Néguev, Israe͏̈l". Paris, EHESS, 2001. https://hal.archives-ouvertes.fr/tel-01539480.
Pełny tekst źródłaSvensson-McCarthy, Anna-Lena. "The international law of human rights and states of exception : with special reference to the "Travaux préparatoires" and case-law of the international monitoring organs /". The Hague ; Boston (Mass.) ; London : M. Nijhoff, 1998. http://catalogue.bnf.fr/ark:/12148/cb37673121s.
Pełny tekst źródłaSaint-James, Virginie. "La conciliation des droits de l'homme et des libertés en droit public français /". Paris : Presses universitaires de France, 1995. http://catalogue.bnf.fr/ark:/12148/cb36687003m.
Pełny tekst źródłaLécuyer, Yannick. "Les droits politiques dans la jurisprudence de la Cour européenne des droits de l'homme /". Paris : Dalloz : [Sénat], 2009. http://catalogue.bnf.fr/ark:/12148/cb41496438d.
Pełny tekst źródłaHeydt, Jean-Marie Mougniotte Alain. "Education et citoyenneté en Europe deux composantes pour une démocratie vivante /". Lyon : Université Lumière Lyon 2, 2002. http://demeter.univ-lyon2.fr:8080/sdx/theses/lyon2/2002/heydt_jm.
Pełny tekst źródłaLécuyer, Yannick. "Les droits politiques dans la jurisprudence de la Cour européenne des droits de l'homme". La Rochelle, 2007. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D7982%26nu%3D25%26selfsize%3D1.
Pełny tekst źródłaPolitical rights are rights which cultivate duality : duality between subjectivity and objectivity, duality between individual and collective rights. These totally ambivalent rights significantly influence the type of political regime and henceforth the global protection of human rights. Missing in the text signed at Rome in 1950, the right to free elections made a noteworthy appearance in the European judicial order concerning the Protection of Human Rights and Fundamental Freedoms with the passing of the first additional protocol, article 3, in 1952. On the basis of this original provision linked to the rights of political nature – freedom of opinion and expression, freedom of peaceful assembly and association with others – the European judge of human rights has progressively built a real political and democratic order which is distinct from the European public order. This part of the litigation thus confronts the democratic and constitutional political issues to an order which is justified by the protection of human rights and the preeminence of law. As the European Court of Human Rights is the main cog of a daring mecanism of supranational control over the enforcement of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Court’s caselaw now carries a vast project of change and transformation of the national political orders. It has created a real European political model which has enabled Article 3 of Protocol n°1 to produce unsuspected effects in its origin, if this article is set within the prospect of the other provisions of the Convention and the rights of political nature
Smires, Yasmine. "Politiques publiques et participation citoyenne des femmes aux radios communautaires au Sénégal : impacts sur les droits économiques et civils". Thesis, Université Laval, 2009. http://www.theses.ulaval.ca/2009/26261/26261.pdf.
Pełny tekst źródłaRadio has been a really important communication medium for African countries. The democratization experienced by the African countries helped to liberalize the media landscape. Furthermore, this liberalization helped the development of a specific kind of radio, community radios, that have ability of giving a voice to the voiceless. Beside the insufficient integration of women in the community radios, this study shows that this new communication tool has a relative importance on women’s economic and civil rights. The study shows what these impacts are, as well as their limits, and the place of governmental and non-governmental institutions in the development of this medium.
Josende, Lauriane. "Liberté d'expression et démocratie : réflexion sur un paradoxe". Toulouse 1, 2005. http://www.theses.fr/2005TOU10059.
Pełny tekst źródłaThe Constitutional Council asserts the specific nature of the freedom of speech, while this right is being highly limited. We have to understand constitutional law as a discourse allowing to structure and legitimate specifically this type of social organization. However, liberal democracy suffers from the opposition between two logics -constituant but nevertheless contradictory- which were in charge of its advent. The individualism justifying it is confronted with the necessity to maintain a stable sociopolitical order. We have to consider this right as the incarnation of a fundamental value of the classic liberal ideology when presented as superior, and as a concrete construction of the democratic system when it appears highly limited. These two dimensions are closely linked and complementary. This freedom is an individual and social right which depends on fundamental dialectics of modern law lying in the opposition between the premises of liberal philosophy and the requirements of the construction of democracy
Foulquier, Norbert Moderne Franck. "Les droits publics subjectifs des administrés : émergence d'un concept en droit administratif français du XIXe au XXe siècle /". Paris : Dalloz, 2003. http://catalogue.bnf.fr/ark:/12148/cb38986836b.
Pełny tekst źródłaMutzenberg, Patrick. "Les observations finales du Comité des droits de l'homme adoptées au titre de l'article 40 du PIDCP". Grenoble, 2010. http://www.theses.fr/2010GREND004.
Pełny tekst źródłaThe main objective of the research is to analyze the way the Human Rights Committee interpreted its prerogatives under the article 40 of the International Convenant on Civil and Political Rights (ICCPR). The research analyze how the Committee developed its methods of work with regards to the review of the Reports of the State Parties and the adoption of the Concluding Observations. Although the Concluding Observations are not binding, they are taken into account very seriously by the State Parties. Recently the Human Rights Committee developed several initiatives with regard to the a follow-up of the Concluding Observations, including the specific follow-up procedure to monitor the steps taken by the authorities to implement the Concluding Observations. This procedure requests to the State Party to provide the Human Rights Committee with updated information on four recommendations selected for this procedure. This research reviews not only the responses received by the Committee but also assesses the work done by the Follow-up Rapporteur in this regard. The research also takes into account the work done by the other stakeholders, including the United Nations Human Rights Council and other non State actors such as the National Human Rights Institutions (NHRI) and the Civil Society Organizations
Camara, André. "Les pouvoirs de la police administrative et les libertés individuelles : la liberté d'aller et venir et la vie privée". Grenoble 2, 1996. http://www.theses.fr/1996GRE21034.
Pełny tekst źródłaBenzimra, Séverine. "L' accès à la fonction publique en Afrique de nord de 1918 aux indépendances : L'exemple des PTT". Montpellier 1, 2008. http://www.theses.fr/2008MON10004.
Pełny tekst źródłaMuberanziza, Aloys. "L'égal accès du citoyen aux affaires publiques de son pays : essai de théorie générale et application au Rwanda /". Namur : Presses universitaires de Namur, 2006. http://catalogue.bnf.fr/ark:/12148/cb401895136.
Pełny tekst źródłaMontalivet, Pierre de. "Les objectifs de valeur constitutionnelle". Paris 2, 2004. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247175697.
Pełny tekst źródłaThe objectives of constitutional value determined by the French Constitutional Council do not form a body devoid of similarity. This similarity manifests itself through their ambiguous determination and their limited normativity, but moreover in their nature of objectives and their character of conditions of the effectiveness of constitutional rights and liberties. Firstly, these last two elements explain the ambiguity of their determination. Indeed, although the category of " objectives " is created, each objective is related to a text because it guarantees the effectiveness of constitutionally protected rights. They also explain the uncertainty of their content, notably the open character of their list and their imprecise signification. Secondly, the same elements justify the limited normativity of the objectives. This normativity, that manifests itself by their normative functions of interdiction, of obligation and of permission, is indeed explained by the necessity to guarantee the effectiveness of constitutional rights and liberties. However, because they are only objectives and not rights and liberties, the objectives have a limited normative force, as demonstrated by their indirect applicability, their character of obligations of means and their overall diminished protection. The objectives of constitutional value consist ultimately of teleological constitutional norms, objectively guarantying the effectiveness of constitutional rights and liberties. Thus, contrary to current thinking, their similarity resides more in the protection than in the limitation of fundamental rights
Heydt, Jean-Marie. "Education et citoyenneté en Europe : deux composantes pour une démocratie vivante". Lyon 2, 2002. http://theses.univ-lyon2.fr/documents/lyon2/2002/heydt_jm.
Pełny tekst źródłaThe education of children, tomorrow's citizens, is one of the issues at stake for our democracies and for the future of our societies. To counter a lack of interest in civic participation and the increasing difficulty of living together in our communities, European countries have all made citizenship education the responsibility of either schools or parents. However, differences in approach lead to practices in the United Kingdom, Switzerland and France which vary according to historical and cultural factors. Do citizens really take no interest in public life? Do they fail to understand the meaning of the words they use in that context ? Does the family no longer wish to, or have the ability to, teach young people about citizenship ? Our research has shown that Europe's citizens not only have a perfect understanding of their civic duties, but also express a readiness to commit themselves to preparing their children for citizenship, in partnership with the school, for they believe the family's role to be of prime importance. States have similarly confirmed that citizenship and democracy are closely intertwined and need to be integrated into the education process. The family has a particularly important role to play in passing on the cultural and ethical values that underlie the concept of community life. This explains our conviction that citizenship education is as much a responsibility of –and within the capacity of – the family as of public institutions. In order to provide the necessary stimulus to ensure that those with a role to play in this democracy, and especially parents, provide such education, the places where decisions are taken must be more accessible and more closely linked to everyday life. The citadinité involvement is one possible response to the expectations of proximity found among those who teach the future citizens of their communities
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.
Pełny tekst źródłaThe 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
Slama, Serge. "Le privilège du national : étude historique de la condition civique des étrangers en France". Paris 10, 2003. http://www.theses.fr/2003PA100130.
Pełny tekst źródłaDuring the XIX and at the beginning of XX, foreigners, and then recently naturalized, are excluded from all political rights and public functions. This exclusion stems from the coupling of two models of access to public attributes : firstly, the "national" model of Ancient régime, giving preeminence to the subordination of the titulars of charges to the Sovereign and extending the incapacity for foreigners within the employment sphere well beyond the administration ; secondly, the revolutionary model that strictly ties the exercize of those rights to the quality of citizen. However, in an universalist perspective, this link did not initially imply the exclusion of foreigners. It is only from 1793 on that the link between citizenship and nationality tightens. The civic attributes become the priviledge of national. Together with the universalizing of rights since 1946 and with the European construction, one sees a résurgence and a mutation of this "civic" model
Abbas, Kamel. "La genetique humaine au miroir du droit". Lille 2, 2000. http://www.theses.fr/2000LIL20033.
Pełny tekst źródłaJavid, Mohammad Javad. "Droit naturel et droit divin comme fondements de la légitimité politique : une étude comparative du christianisme et de l'islam". Toulouse 1, 2005. http://publications.univ-tlse1.fr/699/.
Pełny tekst źródłaThe political legitimacy is a concept which was the subject of several disciplines, but in spite of comprehensive political literature, even within the modern society, it has noted seriously neither the natural right theory nor the divine right one yet. This research is aimed at highlighting this argued and ignored study in philosophy of the right. Three successive parts of this research is devoted to the identification and construction, destruction and rebuilding of the political relation between the natural right and the divine right. The first part, even by study of the divergences in the philosophical explanation of the natural right, justifies their unanimity. This philosophical approach also makes it possible to define the object of study by presenting a juridical-political structure which at first sight was deprived. The second part is devoted to the theological appearance of the natural right and its dissociation with the divine right as well within the political doctrines as juridical interpretations. The acceptance of such an explanation leads to the exploratory study of their method within the doctrines of the divine right which aims at a prospect for reconciliation between the two rights in Christianity and in Islam which for the moment know themselves only little. The approach of the third part is humanistic and especially relates to the rebuilding of this relation starting from a modern rational study and through the study of the human right. The latter research orientation makes it possible to observe the conditions of the legitimate political authority and the modes of attribution of the natural rights, in particular by the means of a return reading of the traditional natural right and traditional divine right; it leads thus to the recognition of the natural political rights which confirms that there is only one system of single legitimacy: which passes through the natural right way
Manière, Laurent. "Le code de l'indigénat en Afrique occidentale française et son application : le cas du Dahomey (1887-1946)". Paris 7, 2007. http://www.theses.fr/2007PA070051.
Pełny tekst źródłaThe Indigenat Code is a group of provisions which empowered colonial administration to punish summarily African subjects, as distinct from citizens, without recourse to any of the regular courts. For West French Africa, the first major legislation was that contained in the Decree of 30 September 1887. The local French Administration might have imposed penalties on individual offenders up to the maximum of 15 days imprisonment and a 100 francs fine. The list of the offences so punished included conscription, fiscal obligations and forced labour. Additionally, in situations of grave political crisis such as insurrection, the Governor of a local territory could impose communal fines and pronounce sentences of deportation or banishment. The indigenat was the most prominent way of coercion in the French West African Administration. It was the most effective means to realise French colonial objectives. From the very harsh nature of the legal provisions and also from a virtually uncontrolled use made of this power, several shades of excesses and abuses were denounced. The abolition of the regime came in the end as a result of both the armed and unarmed protests by the subject people ending the liberalising impact of the Second World War on French Colonial attitude
Abeghe, Minto'o Joëlle. "Les droits de la femme en Afrique centrale". Paris 1, 1998. http://www.theses.fr/1998PA010312.
Pełny tekst źródłaWomen's rights in Gabon, the Congo, the republic of centraafrica and Tchad as they appear nowadays from an international point of view, originate from human right lawmaking in 1789 and in 1948 ; they stemmed from main declarations on human rights. These texts didn't take women into consideration adequately, so they were strengthend by specifical conventions. Examples to be cited are : the convention on political rights in 1952, the convention on the nationality of married women in 1957 and the convention on the elimination of any kind of discrimination regarding women in 1979. Although encouraged by onu projects in favour of women, women's rights achievements are very slow in internal lawmaking, and particularly in it's effects. The different constitutions after the independance have established equality of rights but in practice matters turn out differently. Family rights, labour rights and penal rights are discriminating issues against which women still need to struggle. But women suffer from important handicaps : analfabetism, customs, family responsabilities. Law should be considered as a support for women, not as a shortcoming and neither as the establishment of secular habits in favour of one sexe. In our undertaking we shall lay the foundation of a franc debate on the situation of women in our countries. We shall do this in order to bring up suggestions for possible reconsideration of positive lawmaking applied to women, for a fairer conception of law. How to attain this objective ? Possible solutions can be found in the conclusion of our thesis
Moine, André. "L'émergence d'un principe d'élections libres en droit international public". Nancy 2, 1998. http://www.theses.fr/1998NAN20005.
Pełny tekst źródłaThe appearance to the demand for free elections in the international scene is bound to favorable circumstances: both the + decommunization; ant the weakness of some states allowed and justified this + proposition; Today, free elections form the subject - from the whole international actors - of conventions or resolutions representing real commitments or declarations of intentions, at local and universal level. Then, different pressures conditioning the diplomatic, or economic relationship, add further to the organization of free elections. At last, the states and diverse international organizations (among which is the UN) take part in giving concrete expression to this current free elections requirement. Does this report lead to the acknowledgment of any usual international law standard? Needing to organize free elections may find a double juridical foundation in the human right to political participation and in the self-determination of nations. Today, it's translated by an autonomous obligation of the state to hold free elections whose observance became international (thus establishing an international electoral law). Such a rule traditionally belongs to the strict state ; in the international juridical order its recognition clashes with the principles of non-interference in the internal affairs of the state and of constitutional autonomy. Moreover, as a norm which has an indirect state control impact, it meets some troubles in its application in the international order because its acceptation and adoption (as juridical as political) appear delicate. The weaknesses of the international juridical order and the adaptation of the model concerned, harm the mandatory character and the integration of this free elections principle. However, the obligation for the states to hold free elections despite of the fleeting demand and the tribulations political realities arose, trudge along the rank of norm of the usual international law, but its general character still clashes with the disparity - even more and more decreasing - of political systems
Bréhaux, Karine. "Quelle place pour les droits individuels et les libertés publiques ? : les débats de l'avortement et de l'euthanasie en France et en Belgique". Paris, Institut d'études politiques, 2009. http://www.theses.fr/2009IEPP0007.
Pełny tekst źródłaThe controversy around the right to die illustrates the impossibility for political liberalism to put aside the moral and religious convictions of people. This is contrary to the issue of abortion, where the political values of tolerance and the equal rights of women as citizens constitute a sufficient base to conclude that women are free to chose for themselves if they wish to have an abortion or not. The configuration of the social movements differs during the French and Belgian debates about euthanasia. The claims in favor of the right to die in dignity concern a category of the population : patients at the end of life. Does the majority always win over the minority ? In front of social crisis, French and Belgian political solutions organized in favour or not the recognition of the right to die, feed on several political currents and fit into varied public political cultures
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.
Pełny tekst źródłaThis 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
Forni, Federico. "Citoyenneté européenne et protection diplomatique". Strasbourg, 2011. http://www.theses.fr/2011STRA4028.
Pełny tekst źródłaThis thesis aims to analyze the concept of diplomatic protection, defining the features of this institution in the legal framework of the European Union in order to assess whether, and how, this form of protection can be carried out in favor of European citizens. The thesis develops the subject in four chapters. The first chapter is dedicated to diplomatic protection in international law and it is basically divided in two parts. The first part analyzes the particularities of diplomatic protection in traditional international law, while the second part concerns the latest developments that can influence the evolution of diplomatic protection. The second chapter focuses on the diplomatic protection of European citizens by Member States in third countries where the State of nationality is not represented, analyzing Art. 23 TFEU, which seems simply to extend outside the EU the principle which prohibits any discrimination on grounds of nationality (Art. 18 TFEU). The third chapter of the thesis aims to assess whether the EU can protect all European citizens carrying out actions of diplomatic protection. Finally, the fourth chapter aims to assess whether the decision to refuse diplomatic protection may be subject to judicial review in the light of the latest doctrinal and jurisprudential trends and in the light of a legally binding Charter of Fundamental Rights
Csepeli, Réka. "Les affinités de la pensée libérale française et hongroise au XIXe siècle". Paris, EHESS, 1999. http://www.theses.fr/1999EHES0035.
Pełny tekst źródłaKaramaguioli, 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.
Pełny tekst źródłaThis 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
Le, Cour Grandmaison Olivier. "Les citoyennetés en révolution : 1789-1794". Paris 1, 1991. http://www.theses.fr/1991PA010253.
Pełny tekst źródłaCitizenships in revolution. The aim of these research is to study how the first and second "constituants" thought citizenship during the French revolution. After having declared all men free and equal in rights, the revolutionaries of 1789 erected a restricted suffrage excluding many people from political rights. What are the origins of these restrictions? Who are the excluded people and why are they left out? What are the privileges of the political action? These are the questions we studied up to the rise of the "republique" and the abolition of the restricted suffrage. Two ways of thinking confront each others: Condorcet tends to establish citizenship on human rights and the jacobins want to establish citizenship on the idea of vertue and will slowly destroy it during the "terror". Finally the revolution is confronted to minorities: negro people, jews, women. The problem concern the contact to other peoples of which the ethnic, cultural, religious ans sexual differences are thought as many obstacles to their integration to the political community. The aim of this study has been to reconstituate these debates, study their stakes and the citizen's birth. It also helps to understand the revolutionnary process and its limits to establish real democratic life
Laurent-Audiat, Dominique. "La quête d'identité Africaine-Américaine, de l'émergence de la négritude à l'accession au Rêve Américain : "Not without laughter" Langston Hughes, "Jubilee" Margaret Walker, "The autobiography of Miss Jane Pittman" Ernest Gaines, "Dreams from my father" Barack Obama". Paris 13, 2010. http://www.theses.fr/2010PA131010.
Pełny tekst źródłaFor a long time African Americans have been confronted with a dilemma: how to exist in a society living in contradiction with the Principles of Liberty and Equality enunciated by the Founding Fathers, and how to affirm one‘s personal identity without disavowing one‘s community? This study analyzes, through literature, the long way from denial to recognition of the sacred and unalienable rights included in the Declaration of Independence. Not Without Laughter was published in 1930, at the height of the Harlem Renaissance. Jubilee and The Autobiography of Miss Jane Pittman were written during the second part of the twentieth century, when the Black Aesthetic movement was in vogue. Both literary movements are built on a racial pride that pervades the quest for identity of the heroes. The three novels illustrate the major stages of African American history. Barack Obama‘s autobiography, analyzed as a literary work, throws light on this study in presenting his own quest for identity at the end of the twentieth century: Dreams From My Father bears the burden of the past, but also contains the seed of change which allowed Barack Obama to reach the American Dream. Through its promise of equality, wealth and happiness, embodying the values of courage and work, this dream has developed individualism in the American society; while being inaccessible to the black people, it has developed a strong community link. This individual longing will be called ―personal identity‖, and the belonging to the community will be called ―collective identity. ‖ The African American quest for identity is constantly oscillating between these two poles, the prevalence of the one on the other reflecting historic and social evolution
Saulier, Maïté. "Le droit commun des couples : essai critique et prospectif". Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010315.
Pełny tekst źródłaThe civil code allows those who wish to share their lives to choose one of the following ways: to live a concubines, sign a P.A.C.S or to be united in marriage. Distinctly different from each other in 1999, these thee forms of union are more and more similar under the rule of law to the extent that a true common law for couples seems to have emerged. This trend towards harmonisation and standardisation was clearly perceived by the doctrine and was explained in several ways. Proof of the influence of the principles of equality and of non-discrimination for some, this common law would be explained by others as the taking into account of the only lifepartnership. These explanations seemed unsatisfactory to us and it was in observing the relations between couples and politics that this unifying momentum seemed comprehensible to us: the common law of couples exists due to the utility that it presents to establish state functions, whether they be social or economic. De lege lata, the rule of law, the means of political action only recognizes couples individually if this apprehension is useful to the State. This utility is perceived from time to time, which leads to a Jack of common law, built by successive and incoherent levels. A review of the usefulness of couples for the implementation of state functions, in association with the essential protection of the preservation of pluralism, would allow for the reconstruction, de lege ferenda, of a more coherent and more logical common law for couples
Martin-Breteau, Nicolas. "Corps politiques : sport et combat civiques des Africains-Américains à Washington, D.C., et Baltimore (v. 1890 - v. 1970)". Paris, EHESS, 2013. http://www.theses.fr/2013EHES0097.
Pełny tekst źródłaThis dissertation explores the role of sport in the struggles for dignity, equality and rights of the African American communities of Washington, D. C. , and Baltimore between the 1890s and the 1960s. Its aim is to explain how athletics constituted a means of political action seeking to counter racial prejudices on the "natural" inferiority of the black body which legitimized its social oppression. The public display of the dignity of the black body functioned as a claim of symbolic equality, compensating for the relative privation of speech endured by African Americans as they were exduded from the civic community. Since the end of Reconstruction, African American elites have promoted sport as a central element of the perfectionist tactics of "racial uplift" in order to integrate the national community. The main objective of this study is thus to establish how African American political struggles have had the body as place and stake, using sport as a performative means for uplifting individuals' bodies and achieving collective emancipation
Fargues, Arnaud. "Universalisme républicain, particularismes et évolution du droit public". Thesis, Lille 2, 2011. http://www.theses.fr/2011LIL20019.
Pełny tekst źródłaThe republican universalism is a concept of the law, formed from the French Revolution onwards, for which reason, the Nation transcends specific characteristics and is solely composed of citizens. According to its logic, the latter are thus the only persons entitled to the rights and duties attached to exercising life in the city. This ideal has slowly and gradually become the foundation of our public law with the help of the passing of matching norms that legally reflect it. Until now, the republican universalism remains the general idea which sustains our public law. However, measures and practices set up on a postulate favourable tothe adoption of varied characteristics have developed in an opposite way to our time. The evolution of the reception of the ideal through times leads us to question ourselves on the philosophical coherence of our legal system as a whole
Navarro, Rodríguez Tania. "L' institutionnalisation d'une entreprise contestataire : le cas de l'Alliance civique au Mexique". Paris 1, 2012. http://www.theses.fr/2012PA010314.
Pełny tekst źródłaOdekerken, Natacha. "Les citoyens de seconde zone en Europe". Caen, 1999. http://www.theses.fr/1999CAEN0051.
Pełny tekst źródłaSince franchise become universal, there is a legal egality between all citizens. But the acces to franchise steal depends on several legal conditions which are : citizenship and/or residence and capacity. As one condition is missing, nationals and aliens can only access to part of the rights of citizenship. To remedy of citizenship division, european states trye to insert people with disabilities into the political society. First they can insert people who can't access in full citizenship by changing their personnal situation. They can also trye to find a universal new political project which is able to insert in the political society new social categories. We must trye to know if this new political project is realy able to insert people or if it is just a new way of exclusion upon the pretext of creating a new political project
Gadea, Elise. "Le pluralisme juridique à l'épreuve des pratiques communautaires en Bolivie. Politiques d’administration de la "justice indigène originaire paysanne"". Thesis, Paris 3, 2020. http://www.theses.fr/2020PA030005.
Pełny tekst źródłaOver the last few decades in Latin America the struggles of indigenous peoples for the acceptance and recognition of their own cultures have turned to political and legal demands. The role of political allies of these peoples in the emergence of these claims has been decisive.The example of Bolivia is an exemplary case of the struggles of native peoples because of the proportion of the national population belonging to ethnic groups and the rise to power of Evo MORALES. The Political Constitution of the Plurinational State of Bolivia, approved in 2009, values collective and cultural rights and promotes the recognition of indigenous traditions and knowledge, particularly in the application of justice. Nevertheless, the constitutional precepts promulgated in 2009 relating to native indigenous peasant justice are contradicted by the Jurisdictional "Deslinde" Law, promulgated barely a year later. As we will see this has led to an ambivalent and nebulous implementation of the plural justice system.In the absence of debate and negotiation on the new standards of plural justice, we will see how lynchings played a central role in the homogenizing construction of a new institution, operated by the native authorities of indigenous communities, according to their ancestral norms and customs.Ethnological observation in several rural Andean communities has enabled us to qualify this conception as well as to analyze the numerous petitions of indigenous people to the Plurinational Constitutional Court and state judges. The increase in conflicts, but also the impasse that ensues when these legal claims develop, creates a difficult situation for {indigenous and union] community authorities between, on the one hand, community members who destabilize their role as arbitrator and on the other, the state justice that exercises increasing pressure over them
Demelemestre, Gaëlle. "Les métamorphoses du concept de souveraineté (XVI ème-XVIII ème siècles)". Thesis, Paris Est, 2009. http://www.theses.fr/2009PEST1008/document.
Pełny tekst źródłaEven today, our political life is built on an interaction between command and submission, to which we are bound by political Sovereignty. But it is a particular form of the political power, that raised in the 16th century with Bodin’s intellectual contribution, from a precise historical juncture. How this concept, referring to the absolute and unconditional submission from the « free subjects » to the Sovereign, also pertains to modern democratic societies? Are the indivisibility and transcendence of this power appropriate to express people’s sovereignty too? Identifying a first metamorphosis of this concept is necessary, while assessing its transcription into the republican form of government set up by the two American and French Revolutions in the 18th century. Then it became relevant to question how to combine the necessary obedience to public powers with human liberty. Isn’t the obligation to submit to which we are compelled by a sovereign autority, a limitation of this liberty? Isn’t it in the nature of every power to turn abnormally large and invasive? How to ensure both the preservation of the subjective rights of the citizens and the citizen’s coexistence in a society? The study of the American Federal Republic allows us to describe the particular interaction between a certain representation of the political power’s fonctions, and an efficient enterprising social dynamic. By dividing the sovereignty, the Americans contradict one of its essential presumed features, initiating its second metamorphosis. To what extend, then, can we challenge the attributes of sovereignty, without losing the specific relation of power that its inception inaugurated
Valeyre-Demelemestre, Gaëlle. "Les métamorphoses du concept de souveraineté (XVI ème-XVIII ème siècles)". Phd thesis, Université Paris-Est, 2009. http://tel.archives-ouvertes.fr/tel-00503799.
Pełny tekst źródłaVazquez, Christophe. "Le droit à la liberté de manifestation : étude comparative". Thesis, Toulon, 2012. http://www.theses.fr/2012TOUL0066.
Pełny tekst źródłaThe 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