Teses / dissertações sobre o tema "Minorities – Legal status, laws, etc. – India"
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Latulippe, Chloé. "Territoire, mouvement et protection des minorités en droit international : le cas des Roms et des Gens du voyage". Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101820.
Texto completo da fontePALACIN, MARISCAL Ihintza. "Sociolegal perspectives of linguistic minorities in Europe : the Basque language, education and media". Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74273.
Texto completo da fonteExamining Board: Prof. Bruno de Witte (EUI and Maastricht University); Prof. Gábor Halmai (EUI); Prof. Joxerramon Bengoetxea (University of the Basque Country); Prof. Xabier Arzoz (UNED Madrid)
This dissertation addresses the legal framework and social embedding of the Basque language. As a minority language located between two European states (France and Spain) with different approach towards minority languages, the task of understanding the legal framework of the Basque language and its relationship with the community of speakers is challenging. In fact, this legal framework results in a vast array of legal rules for Basque speakers. This research examines the fundamental and linguistic rights of these minority language speakers (norm users), from international and European legal frameworks to national or regional ones. It carries out a comparative analysis between France and Spain, and between the three Basque regions to examine the legal framework. This doctrinal analysis is complemented by the study of key actors participating in the context and implementation of the legal norms regulating the Basque language. An emphasis is placed on the analysis of the relationship between the legal framework of the Basque language and the Basque society, applying a sociolegal methodology. By focusing on the examples of education and media, this thesis aims to shed light on the relationship between law and context in the case of the Basque language. It displays the tension and collaboration between norm givers and norm users in the case of a minority language. Studying the examples of education and media exposes the difficulties that Basque speakers face, as well as their commitment to the survival of their language. At the same time, progressive legal frameworks for Basque have enabled the creation of linguistic policies favouring the recovery and development of this language, where active collaboration between the three Basque regions is increasing. Ultimately, this research showcases a contextualised understanding of the legal framework of the Basque language, telling the story of this minority language in law.
Bates, Karine. "Les femmes et le système juridique en Inde : entre l'idéologie et les faits: analyse anthropologique de la conception des droits à travers les transactions économiques au moment du mariage". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0017/MQ47252.pdf.
Texto completo da fonteHuamusse, Luis Edgar Francisco. "The right of sexual minorities under the African human rights system". Thesis, University of Pretoria, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4577_1190370461.
Texto completo da fonteThe protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system.
Xie, Yang Wei. "Protection of minority rights : issues and challenges in international law and Chinese law". Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2157184.
Texto completo da fonteKedir, Abdu Abdurazak. "The need for the political representation of persons with disabilities in Ethiopia". Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18615.
Texto completo da fonteThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
Bates, Karine. "Women's property rights and access to justice in India : a socio-legal ethnography of widowhood and inheritance practices in Maharashtra". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=85883.
Texto completo da fonteDrawing on the analysis made during an extensive fieldwork period in a rural community and case studies in Pune tribunals, this thesis shows that women generally know that they have some rights to their father's and husband's property. However, for various reasons, they do not see any advantage in claiming their inheritance rights. Women often find it difficult to reconcile claiming rights with their duties as daughters (or daughters-in-law) and the social restrictions associated with widowhood. In addition, the complex relationships with the state bureaucracy often prevent them from their right to access property. In that context, before choosing a forum of justice, most women (and men) will first opt for conflict avoidance.
This socio-legal ethnography of women's succession rights, in the state of Maharashtra, is an anthropological contribution to the study of the dynamics of social cohesion in an environment where legal pluralism is itself in transition.
VERSTICHEL, Annelies. "Representation and identity : the right of persons belonging to minorities to effective participation in public affairs : content, justification and limits". Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/13178.
Texto completo da fonteExamining Board: Prof. Bruno De Witte (EUI); Prof. Paul Lemmens, (Katholieke Universiteit Leuven); Prof. John Packer, (University of Essex); Prof. Wojciech Sadurski, (EUI)
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2008.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This doctoral thesis aims at investigating this new international right of persons belonging to minorities to effective participation in public affairs. What is its content? What is its justification and what is it aiming at? Are there any limits to its implementation and what kind of problematic issues are involved? The example of Bosnia and Herzegovina as described above illustrates that organising representation along ethnic lines raises challenging questions. These will be explored in this PhD.Our investigation of the right of minorities to effective participation in public affairs will run through five chapters: Chapter 1 will outline the theoretical framework; Chapter 2 will examine the political rights in the general human rights instruments; Chapter 3 will study the provision on effective participation in public affairs in the three key minority rights instruments of the 1990’s; Chapter 4 will look at the range of possible domestic mechanisms implementing the right of minorities to effective participation in public affairs through a comparative national law approach; and Chapter 5 will illustrate Chapter 4 by zooming in on three case studies, namely Belgium, Italy and Hungary.
Maja, Innocent. "Towards the protection of minority languages in Africa". Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5848.
Texto completo da fonteThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr E.Y. Benneh of the Faculty of Law, University of Ghana.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
Nyarang'o, Ivy I. K. "The role of the judiciary in the protection of sexual minorities in Kenya". Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18647.
Texto completo da fonteThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
Boston, Clarinèr Freeman. "An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities: With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period -- 1840-1895". PDXScholar, 1997. https://pdxscholar.library.pdx.edu/open_access_etds/4992.
Texto completo da fontePeszle, T. L. (Theresa L. ). "Language rights in Québec education : sources of law". Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26751.
Texto completo da fonteThis thesis is a documentary study of the sources of law which establish language of instruction rights in Quebec. Its purpose is to assist educators, students of education, and other lay persons of law to gain understanding of the legal bases upon which the Judiciary formulate decisions in matters of language of instruction. Common Law and Civil Law legislative and case law sources, which are applicable to Quebec, are identified and examined, and relevant sources presented.
In addition to providing a summary for Common Law sources, and for Civil Law sources, a chronological summary is given, which reveals six main periods in the development of language of instruction provisions in Quebec.
The conclusion is that the primary sources of law for language of instruction in Quebec are: s. 93 of the Constitution Act, 1867, and case law thereunder; and, the judicial interpretation and provisions of s. 23 of the Constitution Act, 1982. Future case law in Quebec may reveal s. 23 of the Canadian Charter of Rights and Freedoms, 1982 to be the most significant source of law for the preservation of minority English language instruction, institutions, and rights of management and control.
Guilherme, Maria Lígia Freire. "Os discursos sobre a identidade de sujeitos trans em textos online: neutralização, enquadramento e relações dialógicas". Universidade Tecnológica Federal do Paraná, 2017. http://repositorio.utfpr.edu.br/jspui/handle/1/3010.
Texto completo da fonteThe recognition of gender identity and the use of the social name are some of the main guidelines of the trans and LGBTI movement and contribute to the reduction of the oppression and exclusion of this social group. These demands were partially met with the publication of the decree, which deals with the use of social name and the recognition of the gender identity of trans people in federal public agencies, provoking diverse reactions in the different social spheres. The present work had as main objective to analyze the speeches about the identity of trans people in online texts, more precisely from the conexions between Decree N. 8.727, of April 28, 2016, and news of online journalism. In this analysis, we have selected, in addition to the aforementioned decree, ten news articles on online journalism that discuss issues related to the use of social name and the recognition of gender identity, seeking to verify that dialogue relations are woven between the statements and Decree No. 8.727. To reach our goal, we opted for theoretical-methodological anchoring in Bakhtin Circle studies (BAKHTIN, 2012 [1920-1924, 2014 [1927], 2015 [1930-1936], 2014 [1934-1935], 2016 [1952-1953 (1990), [1929], and also studies of identity from the perspective of the Applied Linguistics, (BHABHA, 2014, MOITA LOPES, 2003, 2010, 2013a, 2013b; RAJAGOPALAN, 2003) and also on issues of transgender and social gender studies (BUTLER, 2015, BENTO, 2008, JESUS , 2010a; 2010b; 2012a; 2012b; JESUS, ALVES, 2010; LOURO, 2016). The data gave rise to some regularities, such as the reenactment of theories of gender and the attempt to neutralize the journalistic discourse, making their valuations opaque. In addition, there is a reframing of discourses about the identity of trans people as a discursive strategy on the part of the communication vehicles, evidencing axiological positions of different natures. In these discourses, we noticed how Decree No. 8,727 and the use of the social name were treated as important tools of citizenship and visibility for the trans movement, instituting the trans subject as a subject of law; at the sime time, both the use of the social name and the experiences of gender that extrapolated the cisnormativity were questioned.
Sandford, Christie. "Kymlicka and the aboriginal right". Thesis, 1996. http://hdl.handle.net/2429/5662.
Texto completo da fonteSMYSLOV, Maxim. "The international legal protection of minorities : non-discrimination v special rights". Doctoral thesis, 1992. http://hdl.handle.net/1814/4788.
Texto completo da fonteExamining board: Prof. A. Cassese, supervisor, European University Institute ; Dr. A. Eide, Director, Norwegian Institute of Human Rights ; Prof. Yu. Kolosov, Moscow Institute for International Relations ; Prof. D. Türk, University of Ljubliana ; Prof. J. Weiler, co-supervisor, Harvard Law School
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
MILLNS, Susan. "Homosexual rights or wrongs? : homosexuality and the law in the United Kingdom and under the European Convention on Human Rights". Doctoral thesis, 1991. http://hdl.handle.net/1814/5467.
Texto completo da fonteGEARY, David. "An EU instrument to counter the trafficking in women for sexual exploitation into the European Union". Doctoral thesis, 1999. http://hdl.handle.net/1814/5510.
Texto completo da fonteSupervisor: Prof. Y. Kravaritou
First made available online on 16 December 2019
The traffic in women for the purpose of sexual exploitation has occurred throughout history and is not a new phenomenon to Europe. Indeed, in the sixth century BC, Solon of Athens is reputed to have conscripted slaves to serve as prostitutes in brothels. For almost a century international instruments have been in force with the specific aim of eliminating this pernicious activity. That efforts to put a halt to trafficking began in earnest at the dawn of the twentieth century, the century when human rights and respect for the individual blossomed, seems fitting. Yet, strangely, it is in the last decade of this century that the Member States of the European Union have witnessed an upsurge in trafficking. Far from eliminating the trade in women, it is the abuse of women and girls which has grown to alarming proportions.
Gregan, Sydney Henry. "Groepsregte en menseregte in 'n plurale samelewing". Thesis, 2015. http://hdl.handle.net/10210/14202.
Texto completo da fonteDorough, Darlene (Dalee) Sambo. "The status and rights of indigenous peoples in international law : the quest for equality". Thesis, 2002. http://hdl.handle.net/2429/13470.
Texto completo da fonteMARGIOTTA, Costanza. "Il diritto di secessione : presupposti teorici e profili internazionalistici". Doctoral thesis, 2002. http://hdl.handle.net/1814/4702.
Texto completo da fonteExamining board: Prof. Massimo La Torre (Supervisor, University of Catanzaro) ; Prof. Mauro Barberis (University of Trieste) ; Prof. Bartolomé Clavero (University of Sevilla) ; Prof. Christian Joerges (European University Institute)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Leger, Sylvie N. ""People" and "minority" from theory to reality". Thesis, 1999. http://hdl.handle.net/2429/9165.
Texto completo da fonteAggarwal, Alison G. "Transformative practices : women, law and development in India". Thesis, 1998. http://hdl.handle.net/1885/144677.
Texto completo da fonteGOODWIN, Morag. "The Romani claim to non-territorial nationhood : taking legitimacy-based claims seriously in international law". Doctoral thesis, 2006. http://hdl.handle.net/1814/6362.
Texto completo da fonteExamining Board: Prof. Neil Walker (Supervisor, European University Institute) ; Prof. Michael Keating (European University Institute) ; Prof. James Tully (University of Victoria) ; Mr. Stephen Tierney (University of Edinburgh)
First made available online on 14 May 2018
This thesis does not, however, take Catholics or English Asians as its focus, but the most disadvantaged and marginalised group in Europe: the Roma. The daily discrimination and violence Roma face in Europe and beyond is well-documented. It is not, however, the subject of consideration here. Rather, it is the claim of the Romani movement that the globally scattered groups of Roma constitute a nonterritorial nation that is the subject of this thesis. I first encountered the claim to nonterritorial nationhood in a document submitted as part of the Romani delegation to the 2001 World Conference Against Racism. The incongruence of this claim with the centrality of territory to political organisation and, consequently, to international law was striking. Yet, enquires made with my colleagues and with a wider circle of Romani leaders about the nature of this claim elicited confusing answers. This thesis project began, therefore, with the simple aim of understanding the claim itself: what was being asked for? How was a non-territorial nation to be understood? What was the claim intended to gain for those in whose name it was being made? In addition to questions internal to the nature of this particular claim, the second aim of this research was to take an external perspective. I wanted to understand how such a claim would be received: to whom was the claim being made? What consequences flowed, or could flow, from the status of being a non-territorial nation?
GUERRERO, Marion. "Lawyering for LGBT rights in Europe : the emancipatory potential of strategic litigation at the CJEU and the ECtHR". Doctoral thesis, 2018. http://hdl.handle.net/1814/60246.
Texto completo da fonteExamining Board: Professor Claire Kilpatrick, EUI (EUI Supervisor); Professor Ruth Rubio, EUI; Professor Kees Waaldijk, Leiden University; Professor Iyiola Solanke, University of Leeds
In Europe, the decisions of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) develop influence that transcends the particular case at hand. While this development has been criticised by progressive scholars, this thesis argues that it also enables civil society to participate in judicial decision making processes. In the context of Lesbian, Gay, Bi and Transgender (LGBT) rights, this thesis investigates whether "strategic litigation" before the European High Courts can be a feasible and emancipatory endeavor. The concept of "strategic litigation" - developing long-term litigation strategies in order to induce legal, social and/or political reform - is based on the recognition that adjudication is, to a large extent, a political process. To this end, strategic litigation as a (political) strategy is introduced and positioned within legal theory and the literature on "cause lawyering." Within Europe, this thesis focuses on the ECtHR and the CJEU as potential fora for strategic litigation. In order to assess their case law from an activist point of view, a "strategic litigation opportunities" framework is designed. This framework both illuminates indicators for activist intervention, and highlights the agency of LGBT rights advocates in litigation. By doing so, it challenges the view of adjudication as a purely “top-down” process. Lastly, a case study on the US LGBT rights movement, and the effective strategic litigation on (same-sex) marriage equality it has engaged in, serves as an example for the successful application of a long-term cause lawyering approach. Ultimately, this thesis will conclude that strategic LGBT rights litigation at the European High Courts can, indeed, be a feasible and emancipatory endeavour, by establishing: 1) European High Courts exert quasi-legislative power. 2) European High Courts provide procedural spaces for activist LGBT rights lawyers. 3) The European High Courts’ case law can be analysed and utilised in a progressive LGBT-rights enhancing way.
One Chapter of the PhD thesis draws upon an earlier version published as an article 'Jenseits der Kernfamilie 'funktionale Elternschaft', eine progressive Alternative aus den USA' (2010) in the journal ‘Juridikum
One chapter of the PhD thesis draws upon an earlier version published as chapter 'Activating the courtroom for same-sex family rights : windows of opportunity for strategic litigation before the European Court of human rights (ECtHR)' (2014) in the book ‘Rights on the move : rainbow families in Europe : proceedings of the conference : Trento, 16-17 October 2014’
RINGELHEIM, Julie. "Diversité culturelle et droits de l'homme : l'émergence de la problématique des minorités dans le droit de la Convention européenne des droits de l'homme". Doctoral thesis, 2005. http://hdl.handle.net/1814/4760.
Texto completo da fonteExamining Board: Prof. Philip Alston (Supervisor, European University Institute) ; Prof. Bruno de Witte (European University Institute) ; Prof. Olivier De Schutter (Co-Supervisor, Université catholique de Louvain) ; Prof. Hélène Ruiz-Fabri (Université Paris I-Panthéon Sorbonne)
First made available online 30 March 2017
La diversité culturelle croissante des sociétés européennes et les tensions qu'elle engendre sont au cœur d'importants débats contemporains. Dans le champ juridique, ces débats se cristallisent autour de la notion de protection des minorités ethniques, religieuses ou linguistiques. Ce livre propose une analyse de la contribution de la Convention européenne des droits de l'homme à la protection de ces minorités. La Convention ne contient pas de disposition spécifique relative aux droits des personnes appartenant à des minorités. L'ouvrage montre cependant, à travers un examen critique de la jurisprudence de la Cour européenne des droits de l'homme, comment les droits individuels classiques, garantis par la Convention, permettent d'assurer le respect et la protection des identités minoritaires. Encore faut-il que ces droits soient interprétés de manière dynamique, à la lumière des principes sur lesquels la Convention se fonde, à savoir les notions de liberté, d'égalité et de société démocratique. La délicate question des limites du respect dû aux spécificités culturelles est également abordée. Pour éclairer les problèmes théoriques soulevés par la jurisprudence de la Cour, l'analyse prend en compte les débats menés en philosophie politique sur le thème du multiculturalisme et de la conciliation des différences dans une société démocratique.
HERMANIN, Costanza. "Europeanization through judicial enforcement? : the case of race equality policy". Doctoral thesis, 2012. http://hdl.handle.net/1814/22689.
Texto completo da fonteExamining Board: Professor Adrienne Heritier (EUI/RSCAS) (Supervisor); Professor Lisa Conant (Univ. Denver); Professor Bruno De Witte (formely EUI/Univ. Maastricht); Professor Daniel Sabbagh (CERI, Sciences Po, Paris).
First made available online on 7 November 2019
Ten years after its enthusiastic adoption in 2000, the Race Equality Directive (RED) - a deeply innovative and indeed overall far-reaching piece of equal treatment legislation – seems to be still little enforced at the level of European courts. Why? Neither a sudden retrenchment of race discrimination in Europe, nor the inaptitude of the policy to generate European Union (EU)-law litigation, can easily explain the scarce signs of the extensive judicial enforcement that characterise other EU equal treatment policies, such as those on EU-nationality, gender and age. This study zooms in on the realm of domestic politics and judicial enforcement to inquire into cross-sectional and cross-national variations in the implementation of EU equal treatment policy. To do so, I rely upon analytical tools developed by three branches of EU studies scholarship — Europeanization, compliance and judicial politics literature — and I apply them to the yet unexplored domain of race equality policy. Tracing the process of transposition, in the first place, and analysing case law databases and expert interviews with legal practitioners, in the second place, I inquire into compliance and judicial enforcement in three EU countries: France, Germany and Italy. The findings of this comparative study confirm a very limited judicial enforcement of the RED, especially as domestic patterns of adversarial litigation in the domain of race equality are concerned. I explain this divergence looking at the ‗containment‘ action that domestic policymakers may exert on directives at the moment of transposition. In the case of the RED, this action crucially impinged on aspects likely to determine enforcement dynamics, such as those elements of the process regulating access to judicial redress. This work shows that in the case of a policy measure such as the RED, focused on individual judicial redress and mainly targeted towards disadvantaged end-users, the harmonization of some process elements is crucial to determining converging implementation dynamics. If Europeanization is contained at the moment of transposition, judicial enforcement can be seriously hindered at the national as well as the supranational levels even in presence of domestic legal mobilization. In addition to that, the thesis shows how limited raceconsciousness is to be found in contemporary European jurisprudence as well as in the claims filed by antidiscrimination law applicants.
Kufakunesu, Patson. "The historical and contemporary sociolinguistic status of selected minority languages in civil courts of Zimbabwe". Thesis, 2017. http://hdl.handle.net/10500/23584.
Texto completo da fonteLinguistics and Modern Languages
D. Phil. (Language, Linguistics and Literature)
Ravulo, Jioji J. "The development of anti-social behaviour in Pacific youth". Thesis, 2009. http://handle.uws.edu.au:8081/1959.7/487737.
Texto completo da fonteKunze, Claudia. "Obstacles to gender equality in East Champaran district of Bihar, North India : exploration of the right to healthcare for children under five". Diss., 2016. http://hdl.handle.net/10500/25587.
Texto completo da fonteDevelopment Studies
M.A. (Development Studies)
Dent, Kate Jean. "Minority rights and majority politics : a critical appraisal". Diss., 2015. http://hdl.handle.net/10500/21147.
Texto completo da fonteJurisprudence
LL. M.