Дисертації: "Human Rights"

1

Villanueva, Kevin Henry Reyes. "Constructing human rights : language in the ASEAN Human Rights Declaration." Thesis, University of Leeds, 2014. http://etheses.whiterose.ac.uk/7235/.

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Why did ASEAN agree a to a human rights regime? The 10 member countries launched the ASEAN Intergovernmental Commission on Human Rights in October 2009, a little less than a year after the ASEAN Charter was ratified, bestowing the organisation legal personality. Article 14 of the Charter provided for the establishment of a “human rights body”. These events transpired just over a decade after the Asian Values Debate reached its apogee in the mid 1990s, and over four decades after the founding of the organisation in 1967. The existing literature points to the plurality of actors in the regional campaign for human rights and power of norms on domestic change. This study looks deeply into the validity of the following hypothesis: ASEAN agreed to an international human rights regime because rights discourse was able to accommodate contradictory notions of human rights and the different social and political orders of the organisation, its member states, elite groups and civil society. The use of text and discourse gave rise to the admissibility of what would otherwise have been, or constantly branded as, a “Western liberal project”. My argument goes against the common observation that rhetoric can become a substitute for real change: one cannot say what one cannot do, one cannot write that which (almost always) one cannot commit to do. Social and political change does not happen without the representational and constitutional power of language. For this I draw up what I call the “language pendulum”. It is a model that explains the power of language and discourse in international politics. I use as a my case study the drafting process of the ASEAN Human Rights Declaration (a “bill of rights”) to illustrate how human rights norms are socialised in a variety of transactions through the use of discursive strategies.

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2

Bajor, William J. "Discussing 'human rights' : an anthropological exposition on 'human rights' discourse." Thesis, University of St Andrews, 1997. http://hdl.handle.net/10023/15382.

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This thesis examines how the displaced Sudanese in Egypt, Kenya, and the United Kingdom discuss the topic of "Human Rights". Whereas many studies on "Human Rights" are primarily concerned with the opinions of outsiders, an attempt is made here to provide an alternative perspective in that the focus of this dissertation is on how the displaced Sudanese, themselves, discuss "Human Rights" in view of their situation as exiles. The thesis begins by tracing the historical evolution of the 'Western' concept of "Human Rights" and investigating the historical relationship between Anthropology and "Human Rights". Attention is paid to the role of the doctrine of "cultural relativism" in the discipline of Anthropology. After briefly looking at Sudan's geographical and social makeup, I explain the difficulties I encountered as an independent scholar conducting research on "Human Rights" and Sudan. This is followed by descriptions of the fieldwork locations. What comes next is the heart and soul of the thesis. After giving brief descriptions of the interviewees, 1 analyse how the interviews were conducted and explain how the issue of "Politics" dominated practically every discussion with the interviewees. Next, excerpts from nineteen interviews are presented for the reader to get acquainted with the conversations between the Interviewees and myself. Finally, an examination is made of how "Human Rights" is employed as a manipulative device (or tool) by the interviewees. This is essentially the crux of the study. The chief aim of the thesis is to present various ways the notion of "Human Rights" can be (and is) interpreted and utilised by the displaced Sudanese in the context of their own circumstances as exiles.

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3

Keet, Andre. "Human rights education or human rights in education a conceptual analysis /." Pretoria : [s.n.], 2006. http://upetd.up.ac.za/thesis/available/etd-06192007-130614/.

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4

Marcinkutė, Lina. "Human Rights Versus State Sovereignty in the Lithuanian National Human Rights Policy." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20121127_151106-88856.

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After regaining its independence in 1990, Lithuania has demonstrated the will to establish the universal human rights standards in the country as soon as possible. However, taking into account the country’s policy in the later years of independence, it’s not clear whose interests – state of individual – are more important and how these concepts coexist in the framework of Lithuanian human rights policy. The aim of the research is to examine wherever state sovereignty and human rights are (in)compatible with each other in the policy-making context of Lithuanian human rights policy. Aiming to achieve the above mentioned aim the Lithuanian human rights policy-making context, factors affecting this policy, national legal basis on human rights, fourteen programmes of the Government through the prism of human rights are analyzed. In conducting the research the following research methods were used: documents and legal acts analysis, semi-structured interview, as well as comparative analysis. Empirical research data indicates that Lithuanian human rights policy could be described as fragmented, lacking integrity and balanced attention to all human rights; strongly expressed social economical dimension the other key feature of this policy. In the context of such policy the relation between the human rights and state sovereignty is rather mixed. On the one hand, the external sovereignty is compatible with human rights and freedoms; they complement each other. Meanwhile the supremacy... [to full text]
Nors 1990 m. atgavusi nepriklausomybę Lietuva pademonstravo ryžtą kuo greičiau šalyje įtvirtinti visuotinai pripažintus žmogaus teisių principus, visgi įvertinant vėlesniais nepriklausomybės metais valstybės formuojamą politiką, nėra visiškai aišku, kieno interesai – valstybės ar individo – yra aktualesni ir kaip (ar) jie tarpusavyje dera Lietuvos valstybės politikoje. Disertacijos tikslas – ištirti, ar valstybės suverenitetas ir žmogaus teisės yra (ne)suderinami vienas su kitu Lietuvos nacionalinės žmogaus teisių politikos formavimo kontekste. Siekiant užsibrėžto tikslo analizuojamas Lietuvos žmogaus teisių politikos formavimosi kontekstas, jį įtakojantys veiksniai, nacionalinė žmogaus teisių teisinė bazė, keturiolika Vyriausybės programų per žmogaus teisių prizmę. Atliekant tyrimą naudojama teisės aktų ir dokumentų analizė, pusiau struktūruotas kokybinis interviu, taip pat palyginamoji analizė. Empiriniai tyrimo duomenys rodo, kad Lietuvos politika žmogaus teisių atžvilgiu yra fragmentiška, stokojanti integralumo, tolygaus dėmesio visoms žmogaus teisėms ir joje stipriai išreikšta socialinė, ekonominė dimensija. Tokios politikos kontekste žmogaus teisių ir valstybės suvereniteto tarpusavio sąryšis vertintinas nevienareikšmiškai. Viena vertus, išorinis suverenitetas yra suderinamas su žmogaus teisėmis; jie papildo vienas kitą. Tuo tarpu vidaus politikoje valstybės interesų viršenybė individo atžvilgiu sudaro prielaidas teigti, kad žmogaus teisės nėra suderinamos su vidiniu... [toliau žr. visą tekstą]

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5

Swanson, Alan D. "International human rights law and development : a human rights way to development." Thesis, University of Essex, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.341236.

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6

Mathabathe, Rethabile. "Profits versus human rights : accountability for corporate complicity in human rights violations." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/11819.

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This thesis seeks to examine the interplay between business and human rights within the context of political transitions from authoritarian to democratic rule. In the wake of the globalisation process and the subsequent breakdown of the Westphalian state system, transnational corporations (TNCs) have acquired augmented powers at a global level where previously states had been the only players; and yet TNCs have none of the human rights obligations of states, particularly under international law. This dissertation aims to examine why this accountability lacuna exists in relation to corporations, specifically in relation to state-sponsored human rights violations in which TNCs are complicit.

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7

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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8

Stoklosa, Arkadiusz. "Human rights in Turkey." Licentiate thesis, Halmstad University, School of Social and Health Sciences (HOS), 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hh:diva-2281.

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This thesis is about Turkish accession to the European Union and criteria to be fulfilled in order to become a member state. At Helsinki summit there were defined four main areas, that are the main obstacles of Turkish membership in the structures of EU – military influence in domestic politics, economy disproportions, the issues of minorities living in Turkey and problems with obeying human rights and fundamental freedoms. In addition the attitude among European countries and Turkish political elites has changed dramatically since 1999. There is a great discussion, whose main purpose is, to show if Turkey should or shouldn’t become a part of united Europe. With the help of created conceptual framework, which is empirically based on qualitative methods and with theoretical approach in form of analysis considering human rights, I have developed a set of three hypotheses, that are based on primary and secondary sources like EU, Human Rights Watch, Amnesty International reports considering changes of Turkish attitude to the question of human rights. In the process of testing validity or invalidity of those hypotheses, I have tried to conclude, why the implication of reforms considering human is the main obstacle of Turkish membership in the EU.

The paper may be used free, but it is forbidden to copy or use directly any parts of it without earlier contact with author.

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9

Hayward, Timothy Patrick. "Philosophy and human rights." Thesis, University of Sussex, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.292558.

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10

Galadámez, Zelada Liliana. "Human Rights significance today." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/117759.

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This work drafts some ideas in relation to new perspectives on the notion of human rights. It underlines two fields that show its widening: the sources where rights are born and the extension of its meaning.
Este trabajo esboza algunas ideas en relación a nuevas perspectivas de la noción derechos humanos y destaca, particularmente, dos ámbitos que demuestran su ampliación: las fuentes a través de las cuales estos derechos nacen y la extensión de su significado.

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11

Borea, Rieckhof Costanza. "Disability and human rights." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108818.

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All persons are subjects of law, but not everyone has the “capacity” to fully exercise them. On this basis, people with disabilities have seen their opportunities for development as human beings limited.Why it that people with disabilities have been historically marginalized by the Law? In this article, the author presents a detailed analysis on the subject, including the legal paradigm change that was the adoption of the Convention on the Rights of Persons with Disabilities.
Todas las personas somos sujetos de Derecho, perono todos tenemos la “capacidad” para poder ejercerlos plenamente. Bajo este argumento, las personas con discapacidad han visto limitadas sus posibilidades de desarrollarse como seres humanos.¿Por qué las personas con discapacidad han sido históricamente marginadas por el Derecho? En el presente artículo, la autora nos presenta un detallado análisis sobre la materia, incluyendo el cambio de paradigma jurídico que supuso la adopción de la Convención sobre los Derechos de la Personacon Discapacidad.

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12

Blancas, Bustamante Carlos. "Democracy and Human Rights." IUS ET VERITAS, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/123518.

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Human rights and democracy are, today, indissoluble elements of the political reality. However, there are differences of origin and function between the two notions that they can, eventually, cause tensions and difficulties, especially when we try to attribute to the “majority principle” unlimited powers, including the determination and configuration, even pejorative, of the fundamental rights. this risk comes from adopting a purely “formal” or “procedural” conception of democracy, so it is necessary to affirm a “substantial” notion of it, in which fundamental rights are recognized. On the one hand, as a limit to the state power, whatever the source of legitimacy of it, and on the other hand, as indispensable ingredients for the free exercise of political rights on which democracy is based.
Derechos Humanos y democracia son, hoy, elementos inseparables de la realidad política. sin embargo, entre ambas nociones existen diferencias de origen y de función las que, eventualmente pueden plantear tensiones y dificultades, sobre todo cuando se pretende atribuir al “principio de la mayoría” potestades ilimitadas, que incluyen la determinación y configuración, incluso peyorativa, de los derechos fundamentales. Este riesgo proviene de adoptar una concepción meramente “formal” o “procedimental” de la democracia, por lo que se hace necesario afirmar una noción “sustancial” de esta, en la cual se reconozca a los derechos fundamentales. Por un lado, como un límite al poder estatal, cualquiera que sea la fuente de legitimación de este, y, por otro lado, como ingredientes indispensables para el ejercicio libre de los derechos políticos en los quese sustenta la democracia.

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13

Graffeo, Elizabeth Marie. "Evaluating Human Rights INGOs." Thesis, Virginia Tech, 2010. http://hdl.handle.net/10919/30821.

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Over the past several decades, the numbers of international nongovernmental organizations (INGOs) that focus on tackling human rights issues have grown rapidly. These organizations operate internationally and work with governments, legislatures, social movement leaders, activists, donors, and individual citizens. As the number of operating INGOs has risen dramatically, researchers have simultaneously begun to investigate the possibility of creating a global civil society that would govern itself in order to maintain peace, create global solidarity and achieve human rights. This research investigates the role of nonprofit organizations in developing a global civil society by evaluating U.S.-based organizations that are tapping into an often-uninvolved subset of societyâ American donors.
Master of Public and International Affairs

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14

Goethals, Samentha. "From business 'and' human rights to human rights 'in' business : framing human rights and business responsibility in the British Hospitality Sector." Thesis, Oxford Brookes University, 2016. https://radar.brookes.ac.uk/radar/items/2570f72d-657a-4bf9-9b91-96f1fdc85832/1/.

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In 2011, the United Nations (UN) Human Rights Council endorsed the UN Guiding Principles on Business and Human Rights, which set out the norm of ‘corporate responsibility to respect human rights’. This interpretive qualitative study explores the meaning-making processes of human rights and business responsibility as articulated in governmental and corporate policy documents and by a variety of staff in the hospitality sector in the United Kingdom (UK). It aims to contribute to the literature on business and human rights by studying the context-specific meaning-making and implementation of human rights responsibility principles within hospitality organisations in the UK. I conducted interviews with people working in various positions in hospitality businesses (London and Oxford), investigated the policy documents of nine leading international hotel groups and examined the policy statements of the UK Government. I used framing analysis to explore and explain how human rights and business responsibility policies and ideas are understood, interpreted and articulated across these communities of meaning. Emphasising the socio-political nature of organisations, I identified significant differences and some overlaps between the expectations and experiences of these actors. Human rights policies and language are little known or used by work-floor participants and managers, and, conversely, their local knowledge of harms and ethical practice do not seem reflected in the more generic, legally responsive, public and overseas-oriented policies of the international hotel groups and the UK Government. While all actors use the language and/or ideas of human rights as means to craft and perform identities, the meanings of, knowledge about and ability to articulate human rights all depend on their social and organisational positionalities and political objectives. To overcome critical barriers in the development of human rights practice and consciousness in business, I propose a paradigm shift to human rights in business. This enhances a more participatory and contextual approach to human rights due diligence which is inclusive of and more sensitive to local knowledge of human rights.

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15

Metcalfe, Eric William. "Are cultural rights human rights? : a cosmopolitan conception of cultural rights." Thesis, University of Oxford, 2000. http://ora.ox.ac.uk/objects/uuid:c2002d1f-98de-4131-a758-58a8bb84d85d.

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The liberal conception of the state is marked by an insistence upon the equal civil and political rights of each inhabitant. Recently, though, a number of writers have argued that this emphasis on uniform rights ignores the fact that the populations of most states are culturally diverse, and that their inhabitants have significant interests qua members of particular cultures. They argue that liberals should recognize special, group-based cultural rights as a necessary part of a theory of justice in multicultural societies. In this thesis I examine the idea of special cultural rights. In the first part (Chapters 1 to 4), I begin by setting out some of the different conceptions of culture and multiculturalism that are involved in the debate over cultural rights. I then discuss three claims made by supporters of special cultural rights: (1) that having culture is an essential part of individual autonomy; (2) that people have morally significant interests qua members of particular cultures; and (3) that these interests are inadequately protected by existing liberal conceptions of human rights. Although I conclude that (1) is correct, I argue that both (2) and (3) are mistaken. Among other things, I suggest that the version of culture relied upon by supporters of special cultural rights is an implausible one and I outline what I take to be a more plausible, cosmopolitan conception of culture. In the second part (Chapters 5 to 9), I begin by looking at specific instances of cultural rights-claims, and analyzing the concept of cultural rights qua rights. I consider the practical and conceptual difficulties with special cultural rights at great length. But the core of my thesis is that our interest in culture lies in its contribution of worthwhile goals and options, and that this interest lies in culture generally rather than in particular cultures. Hence, adopting a special or group-based distribution of any right to culture would seem to be inconsistent with liberal egalitarian principles. If there are such things as cultural rights, I argue, they are general rather than special rights. I conclude by offering a very preliminary account of what a cosmopolitan conception of cultural rights might involve in the case of the right to free association and language rights.

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16

Diekmann, Maya. "The rights of the Right : How European far-right populist parties instrumentalise human rights rhetoric to mobilise supporters." Thesis, Malmö universitet, Malmö högskola, Institutionen för globala politiska studier (GPS), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-42933.

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There is a puzzling occurrence in Western Europe: Some far-right populist parties, traditionally seen as antithetical to liberalism, are appropriating liberal rights for their own illiberal ends. On the premise that the parties instrumentalise liberal elements to achieve more legitimacy in a climate of tolerance and respect for human rights in Western Europe, this thesis examines how far-right populist parties use human rights for mobilising purposes. Using Clifford Bob’s four conceptual elements of mobilising human rights rhetoric, in a qualitative content analysis the language of three Western European far-right populist parties is analysed. It is argued that, by drawing from a liberalism of fear, far-right populists frame human rights as a Western achievement, under threat by immigration from Islamic countries and the “corrupt elite” that allows for immigration to continue. By doing so, populists manage to incorporate human rights rhetoric in their mobilisation efforts, without challenging human rights per se.

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17

Nolan, Mark Andrew. "Construals of human rights law protecting subgroups as well as individual humans /." Connect to this title online, 2003. http://thesis.anu.edu.au/public/adt-ANU20050324.155005/.

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18

Groitl, Gerlinde. "Evangelical internationalism the American christian right and global human rights." Hamburg Kovač, 2006. http://www.verlagdrkovac.de/978-3-8300-2823-9/.

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19

Groitl, Gerlinde. "Evangelical internationalism : the American christian right and global human rights /." Hamburg : Kovač, 2007. http://www.verlagdrkovac.de/978-3-8300-2823-9/.

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20

McCann, Claire. "The transformative potential of human rights : the human right to water and the courts." Thesis, Queen's University Belfast, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.602399.

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The explicit recognition of the human right to water is a relatively recent development and the delineation of the scope and content of this right, and the attendant obligations, is still in its infancy. This thesis uses the right to water as a lens through which to explore the trans formative potential of human rights and examine the role of the court as a safeguard against majoritarian and neoliberal excess. The courts, despite their institutional limitations, have a significant role to play in facilitating the enjoyment of the full catalogue of economic and social rights. Water service provision creates a number of potential conflicts and this thesis examines the tension between the market forces governing water as an economic good, and the provision of water a basic social good. The economic model has been championed as a mechanism for ensuring secure and sustainable water use in a world of ever increasing demand; however it fails to take account of the devastating effect that the pay-per-use model can have on poor households, who are forced to unacceptable compromises in water use because they cannot afford to pay the market price for water, This thesis takes a comparative approach to understanding how the courts can, and should, intervene to ensure that water service providers embrace their human rights obligations. Using the experience o/the South African right to water litigation in particular.. this thesis argues that in order to realise their trans formative mandate, the courts need ensure that they are willing to engage with more than the procedural elements of the right to water. In order to have any real impact on the lives of the poor, the courts, and other institutions, need to substantiate the right to water as a form of resistance to the continued marketisation of water service provision.

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21

Obokata, Tomoya. "Trafficking of human beings as a human rights violation : obligations and accountability under international human rights law." Thesis, University of Nottingham, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408594.

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22

Bentley, Kristina Anne. "Human rights: an investigation into the importance of second generation rights." Thesis, Rhodes University, 1998. http://hdl.handle.net/10962/d1002969.

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Анотація:

This study examines the notion of universal human rights in the context of the importance of social and economic rights for the agency and dignity of human beings. It argues that the recognition of basic rights to what is necessary for physical well-being is essential to any adequate theory of human rights, and that rights of the civil and political variety depend on the recognition of social and economic rights if they are to be exercised. Therefore the secondary status which is usually accorded to social and economic rights results in an imbalanced ideal of human rights both in theory and in practice. This study is an attempt to place second generation rights in their proper context and to argue for them as human rights of equal status and importance. It focuses on the derivation of human rights in general, and shows that second generation rights may be accommodated within this structure. It further supports this position by showing that the categorical differences which are asserted to exist between first and second generation rights are based on a mistaken conception of positive and negative rights and duties, as well as an inadequate conception of liberty. The thesis shows that all rights generate a variety of duties, both positive and negative, and that an adequate theory of rights has to be able to accommodate the inevitability of conflicts of rights at the level of their enforcement. Consequently, this study argues there is no reason to give either class of right primary importance, as both first and second generation human rights are essential to the agency and dignity of a human being, and they are thus interdependent. Furthermore, the thesis shows that human rights can be balanced at the level of the obligations which they generate without compromising the deontological nature of such rights. This thesis argues that a theory of rights which is rooted in the liberal democratic notion of rights, such as that characterised by the choice theory of rights, is inadequate. It therefore argues that a benefit theory of rights must be adopted in order to accommodate conflicts of rights when they arise. The thesis argues that as such conflicts of rights are" most common in cases involving the assertion of social and economic rights, this balancing of rights is of special significance for the enforcement of second generation rights. Furthermore, this thesis argues for a theory of minimal interdependence of first and second generation rights, in order to accommodate the notion of first and second generation rights of equal status and importance, as well as to prevent an inflation of rights claims which would compromise the balancing of rights. It is argued that a reordering of values is necessary to take account of material well-being, as well as civil freedom, as both of these generate fundamental rights of equal status and importance.

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23

Johns, Alecia. "Conceptualising political candidacy as a human right." Thesis, University of Oxford, 2014. https://ora.ox.ac.uk/objects/uuid:652b8a54-2142-4c19-a2c3-0d176c3fb90b.

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Анотація:

This thesis examines the justificatory basis of the right to candidacy, otherwise referred to as the right to stand for election, and assesses the implications of characterising political candidacy as a human right. It examines the extent of the right's legal recognition in international, regional and domestic human rights law with specific focus on the jurisprudence of the United States, Canada and the ECtHR. This dissertation then offers a theoretical justification for the existence of a moral right to candidacy in all liberal democracies. This justificatory account highlights how the following values and interests underlie the right to candidacy: dignity (as social recognition of one's equal moral status), autonomy, self-expression and self-development. It further examines the derivative justifications for the right to candidacy by outlining the extent to which it is necessary for the effective exercise of the right to vote, freedom of association and the maintenance of a common liberal culture. The correlative duties to which the right gives rise are also examined. It is argued that the right entails duties to respect, protect and fulfil. The duty to respect imposes a negative obligation on the State to refrain from imposing unjustifiable disqualifications or eligibility requirements for elective office. The duty to protect entails an obligation to safeguard against infringements of the right by political parties in their candidate selection processes. Thirdly, the duty to fulfil involves a positive obligation to organise and administer free and fair elections with a reasonably level playing field in which candidates may compete. This thesis subsequently explores the institutional implementation of these duties and how the values and interests underlying the right should help inform the scope and content of such duties in the jurisdictions specified above.

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24

Brömdal, Annette. "Intersex - A Challenge for Human Rights and Citizenship Rights." Thesis, Södertörn University College, School of Social Sciences, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-890.

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The purpose with this dissertation is to study the Intersex phenomenon in South Africa, meaning the interplay between the dual sex and gender norms in society. Hence, the treatment by some medical institutions and the view of some non-medical institutions upon this ‘treatment’, have been studied in relation to the Intersex infant’s human rights and citizenship rights. The thesis has moreover also investigated how young Intersex children are included/excluded and mentioned/not mentioned within South Africa’s legal system and within UN’s Convention on the Rights of the Child.

Furthermore, because Intersex children are viewed as ‘different’ on two accounts – their status as infants and born with an atypical congenital physical sexual differentiation, the thesis’ theoretical framework looks at the phenomenon from three perspectives – ‘the politics of difference’, human rights, and citizenship rights directed towards infants. The theoretical frameworks have been used to ask questions in relation to the empirical data, i.e. look at how the Intersex infants are ‘treated’ in relation to their status as ‘different’; and also in relation to the concept of being recognized, respected and allowed to partake in deciding whether to impose surgery or not. Moreover, what ‘treatment’ serves the best interest of the Intersex child? This has been done through semi structured interviews.

In conclusion, some of the dissertation’s most important features are that since the South African society, like many other societies, strongly live by the belief that there are only two sexes and genders, this implies that Intersex infants do not fit in and become walking pathologies who must be ‘fixed’ to become ‘normal’. Moreover, since most genital corrective surgeries are imposed without being medically or surgically necessary, and are generally imposed before the age of consent (18), the children concerned, are generally not asked for their opinion regarding the surgery. Lastly because early corrective surgery can have devastating life lasting consequences, this ultimately means that the child’s human rights and citizenship rights are of a concern. These conclusions do however not ignore the consequences one has to endure for the price of being ‘different’.

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25

Mantouvalou, Virginia. "Labour rights under the European Convention on human rights." Thesis, London School of Economics and Political Science (University of London), 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.437289.

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26

Hann, Matthew James. "Egalitarian rights recognition : a political theory of human rights." Thesis, Durham University, 2013. http://etheses.dur.ac.uk/9453/.

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This thesis sets out the theory of ‘egalitarian rights recognition’, which is based on a novel combination of aspects of the work of Thomas Hill Green and Hannah Arendt. In doing so, it makes three key arguments. First, human rights must be grounded in social recognition, rather than in the innate qualities of the human. Second, rights recognition requires a serious commitment to equality - conversely egalitarian rights recognition provides a critical lens through which the problems of rights recognised in situations of inequality can be more clearly seen. Third, human rights, if grounded by egalitarian social recognition, are important for human freedom and flourishing. The thesis concludes by applying the theory of egalitarian rights recognition to the international level, arguing that rights recognition can provide a more plausible basis for cosmopolitanism than natural rights, and thus for human rights, rather than rights within a certain state.

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27

Duduhacioglu, Basak Basak. "Discourse On Human Rights: Representation Of The Idea In Turkish Human Rights Conference Texts." Master's thesis, METU, 2012. http://etd.lib.metu.edu.tr/upload/12614982/index.pdf.

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The main concern of this thesis is to analyze the transformation of domestic human rights discourse by looking at the shifting representations of the idea of human rights. The representation of the idea of human rights in &lsquo
Turkey Human Rights Movement Conferences&rsquo
in different political contexts during the period 1998-2010 is evaluated with reference to three areas of literature on the idea of human rights and with a social constructionist perspective which begins with the proposition that ideas and practices concerning human rights are created by people in particular historical, social, and economic circumstances. The different conceptualizations of legitimation of the idea of human rights, the shifting representations of the idea of human rights as civil and political rights and economic, social and cultural rights and the varying constructions of domestic human rights language amongst local and universal claims in respect of human rights within different political contexts is explored. In this framework, the research design of the study is envisioned to evaluate these issues in the context of &lsquo
Turkey Human Rights Movement Conference&rsquo
texts. The final reports of eleven conferences held in the period 1998-2010 are analyzed by the method of &lsquo
qualitative content analyses&rsquo
.

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28

Mian, N. "Women's human rights in Islam and international human rights regime : the case of Pakistan." Thesis, Queen's University Belfast, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.419450.

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29

Kwan, Chinachote Sriprapha Petcharamesree. "Buddhism and human rights : forest monks' perspectives on human rights and the Songha administration /." Abstract, 2007. http://mulinet3.li.mahidol.ac.th/thesis/2550/cd399/4536976.pdf.

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30

Altun, Damla. "Nietzsche And The Human Rights." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/12607696/index.pdf.

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Анотація:

Today the conception of human rights is an idea that preserves its intransitive, inalienable and indivisible quality with a cross-cultural reference. The idea of human rights, entering our lives from the 18th century onwards, has gained a worldwide recognition through the Universal Declaration of Human Rights. The idea occupies place both at the level of rules and principles as a project and at the level of our daily problem solutions, modifications and the daily course of our lives as a pragmatics. The political framework provides the idea of human rights such a justification that it constitutes a significant part of our decisions, thoughts and actions. On the other hand, the grounds of the idea has been questioned as a part of the Enlightenment project since it was first articulated and especially in recent decades certain radical criticisms originating from Nietzche&rsquo
s thought became prevalent. The thesis questions this easy alliance between Nietzsche and radical attacks to human rights thought. In the first chapter, I first provided a brief historical overview of the idea of human rights. Then, I had a closer look towards the principles of universality, equality, autonomy and is-ought distinction with special reference to Kantian formulations of these concepts and in the second chapter, I elaborate Nietzsche&rsquo
s perception of these same principles and our understanding of conventional morality in general, to reach an articulated answer to the question: Would Nietzsche be categorically against human rights? I conclude that his philosophical attitude to these four principles differ from each other. In this context the thesis regards Nietzschean informal structures over the Kantian formal ones as complementary for a full grasp of the idea of human rights by offering a connection of the transitionality between Kant and Nietzsche.

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31

McPherson, Ella Elizabeth. "Human rights reporting in Mexico." Thesis, University of Cambridge, 2010. https://www.repository.cam.ac.uk/handle/1810/252214.

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32

Reilly, Jonathan. "Human rights and global constitutionalism." Thesis, University of St Andrews, 2015. http://hdl.handle.net/10023/9474.

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This thesis examines the contributions to the global constitutional process made by the human rights machinery of the United Nations. To do this, it considers the philosophical and theoretical positions related to understanding constitutionalism either as government or as governance. This contrast is then used to help develop the idea of the constitutional process, which is followed by a translation of these ideas into the international realm. Subsequently, it examines the United Nations Human Rights Council from the perspective of a polycentric international society. This is then followed by an examination of the Office of the United Nations High Commissioner for Human Rights from a cosmopolitan perspective. Ultimately, it is concluded that, whilst the existing contributions made by these organs are seemingly negligible, the particular theoretical approach undertaken is successful in highlighting certain opportunities for reforms that have hitherto been unexamined.

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33

De, Varennes Fernand Joseph. "Language, minorities and human rights." Proefschrift, Maastricht : Maastricht : Rijksuniversiteit limburg ; University Library, Maastricht University [Host], 1996. http://arno.unimaas.nl/show.cgi?fid=7024.

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34

Tomalty, Jesse. "On subsistence and human rights." Thesis, University of St Andrews, 2012. http://hdl.handle.net/10023/2556.

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Анотація:

The central question I address is whether the inclusion of a right to subsistence among human rights can be justified. The human right to subsistence is conventionally interpreted as a fundamental right to a basic living standard characterized as having access to the material means for subsistence. It is widely thought to entail duties of protection against deprivation and duties of assistance in acquiring access to the material means for subsistence (Shue 1996, Nickel, 2004, Griffin 2008). The inclusion of a right to subsistence among human rights interpreted in this way has been met with considerable resistance, particularly on the part of those who argue that fundamental rights cannot entail positive duties (Cranston 1983, Narveson 2004, O’Neill 1996, 2000, 2005). My purpose in this dissertation is to consider whether a plausible interpretation of the human right to subsistence can succeed in overcoming the most forceful and persistent objections to it. My main thesis is that a minimal interpretation of the human right to subsistence according to which it is a right not to be deprived of access to the means for subsistence provides the strongest interpretation of this right. Although the idea that the human right to subsistence correlates with negative duties is not new, discussion of these duties has been overshadowed in the literature by debate over the positive duties conventionally thought to be entailed by it. I show that the human right to subsistence interpreted as a right not to be deprived of access to the means for subsistence makes an important contribution to reasoning about the normative implications of global poverty.

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35

McCall-Smith, Kasey Lowe. "Reservations to human rights treaties." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6320.

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Анотація:

This thesis examines the default application of the 1969 Vienna Convention on the Law of Treaties reservation rules to reservations to human rights treaties. The contemporary practice of formulating reservations allows states to unilaterally modify their treaty obligations following the conclusion of negotiations. Though multilateral treaties address a broad spectrum of subjects and are negotiated using a variety of methods, all treaties are governed by the same residual reservation rules of the Vienna Convention when there is not a treaty-specific reservation regime in place. The Vienna Convention system is only engaged if a state seizes the opportunity to determine whether a reservation is valid pursuant to default rules or if a challenge regarding the validity of a reservation is brought before another competent mechanism of review, such as a dispute resolution mechanism. Even when applied, the Vienna Convention rules are ambiguous at best and have been criticised since their inception due to the high degree of flexibility in their application, especially in relation to human rights treaties. In light of the inherent flaws of the Vienna Convention reservation regime and the structural characteristics of human rights treaties, rarely will a reserving state be deprived of the benefit of the reservation even if it is determined to be invalid by another State Party. Though the consequences of an invalidity determination are more concrete when the decision is taken by a dispute resolution mechanism, such as a court, seldom are disputes over the validity of a reservation to a human rights treaty submitted to a competent mechanism. Using the core UN human rights treaties as a case study this research highlights that the past thirty years have revealed a practical impasse in treaty law when the default reservation rules are relied upon to regulate reservations to human rights treaties. Reservations of questionable validity gain the same status as valid reservations because the Vienna Convention rules do not address the consequence for a reservation determined to be invalid outwith the traditional inter se application of the reservation between the reserving and objecting states, which is not logical in the context of a human rights treaty. Against this background, this thesis examines whether the default reservation rules adequately govern reservations to human rights treaties. The conclusion affirms that the Vienna Convention reservation regime can regulate reservations to human rights treaties but only if there is a clearly defined final view on the validity of a reservation taken by an organ other than the state. Therefore, it is argued that treaty-specific supervisory mechanisms attached to each of the core UN human rights treaties should be invested with the competency to serve a determinative function with respect to evaluating reservations to human rights treaties in order to facilitate a stronger basis for the international human rights system.

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36

Yip, Lai-lin, and 葉麗蓮. "The ICAC and human rights." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B31978782.

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37

Bouandel, Youcef. "Human rights and comparative politics." Thesis, University of Glasgow, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245815.

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38

Latif, Nazia. "Women, Islam and human rights." Thesis, University of Newcastle Upon Tyne, 2002. http://hdl.handle.net/10443/444.

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This thesis explores the position of women in contemporary Muslim societies. It examines whether restrictions placed on them are the result of Islamic edicts and how human rights documents address those restrictions. It looks at the position of women in the areas of family law, political and legal participation and veiling with particular reference to Pakistan and Iran. The thesis begins by exploring how Islamic scripture is used tn endorse opposing views of women. On the one hand is a body of literature, generally termed as conservative, that sees women as intellectually weak and in constant need of male guidance. I argue that this literature is actually based on an inconsistent approach to Islamic sources and show how Muslim women are using alternative, exegetical works and rulings from orthodox and contemporary scholars with classical training as a source of empowerment. Based on the findings of the case studies it is argued that human rights standards, embodied in the International Bill of Human Rights, overlook many aspects of Muslim women's suffering and in particular how their socio-economic status affects their ability to escape abuse suffered at the hands of private, non-state actors. I then contend that both Muslims and human rights advocates must begin by acknowledging that they have failed the plight of Muslim women. Muslims by acting on conservative arguments and human rights advocates by overlooking the reality of women's lives. I argue that both Islam and human rights can work together to empower women but firstly human rights advocates need to take on board the different criticisms levelled at their theory. Muslims also must endeavour to prove the authenticity of their challenges to conservative understandings of Islamic sources by educating at grassroots level and by taking on the task of Islamic scholarship through established centres of Islamic learning.

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39

Al-Marzouqi, Abraheem Abdulla Muhammed. "Human rights in Islamic law." Thesis, University of Exeter, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.252974.

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40

Abdelrahman, Mahmoud Abdelwahab. "Medicine, psychiatry and human rights." Thesis, Cardiff University, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.277686.

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41

Hancock, Jan Mark Michael. "Are there environmental human rights?" Thesis, University of Southampton, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369874.

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42

Holland, Sean Jamison. "Two approaches to human rights." Thesis, Massachusetts Institute of Technology, 2009. http://hdl.handle.net/1721.1/55179.

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Анотація:

Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Linguistics and Philosophy, 2009.
Cataloged from PDF version of thesis.
Includes bibliographical references (p. 99-100).
Contemporary philosophy of human rights is dominated by two seemingly opposed approaches. This dissertation is concerned with the choice between them. The traditional approach to human rights is characterized by the belief that human rights are moral rights that all human beings possess simply in virtue of their humanity. The political approach to human rights is characterized by the belief that human rights are those rights that possess an essential political function. Each approach faces a unique challenge, and attending to how each challenge is met reveals that the two approaches are more similar than first supposed. However, there remains an important difference between the two approaches regarding the concept of a human right. I argue that the conceptual claim made by the political approach is false. In Chapter One I focus on the traditional approach to human rights. It has an unclear connection to the existing international political discourse and practice of human rights. I call the challenge for the traditional approach the demand of taking the practice seriously. I argue that the traditional account can do so in at least three important ways that demand might be understood. In satisfying this demand, the traditional approach is shown to be in agreement with the political approach in an important way. In Chapter Two I focus on the political approach to human rights. In focusing on the existing political practice of human rights, the political approach can appear overly descriptive in nature. Its challenge is to account for the distinctive moral authority of human rights.
(cont.) I call this challenge the normativity challenge and I argue that the political approach has an effective answer to this concern. However, that answer is indistinguishable from that offered by the traditional approach. Thus, the political approach is shown to be in agreement with the traditional approach in an important way. However, there is an important difference between the two approaches. The political approach ties the concept of a human right to a distinctive political function. The traditional approach rejects this conceptual claim. In Chapter Three I argue that the political approach's conceptual claim is false.
by Sean Jamison Holland.
Ph.D.

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43

Rovetta, Klyver Fernando. "Disputed issues on Human Rights." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118820.

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Disputed questions werw already raides in the medieval universities on issues that coulkd and needed to be debated. Human rights, as a modern invention, raise questions -assumed in this paper- whose need cannot be put off, but we suspect that not all law theories can define, substantiate and guarantee them.
Las cuestiones disputadas se planteaban en las universidades medievales sobre temas que se podían y necesitaban debatir. Los derechos humanos, como invención moderna, plantean cuestiones -asumidas en este trabajo- cuya necesidad es impostergable, pero sospechamos que no todas las teorías del derecho pueden definirlos, fundamentarlos y garantizarlos.

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44

Capriati, Marinella. "Human rights, interests and duties." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:068aeab6-ae43-423b-873a-a441b910269a.

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This dissertation focuses on the concept of human rights, and in particular on how we should understand the interests protected by human rights and human rights' correlative duties. The work consists of three papers. Human rights and interests In the first paper I consider which conditions interests have to satisfy in order to be protected by human rights. I call these the Interest Conditions. I argue that we need to distinguish between two kinds of Interest Conditions: qualitative and quantitative ones. This means that we need to consider both which type of interests, and how much of these interests, human rights protect. I then consider the content of these conditions. Political accounts and fidelity to human rights practice In recent years, considerable attention has been received by so called "political accounts" of the analysis of human rights. According to these theories, one of the distinctive features of human rights is that they play a certain political function. In particular, a large number of political accounts hold that human rights have political correlative duties. I call this thesis 'Political Duties'. Political Duties has been defended on the grounds of the desideratum of fidelity, according to which the analysis of human rights ought to be faithful to human rights practice. I consider two ways of interpreting this desideratum and the corresponding versions of the argument in support of Political Duties. I argue that neither version successfully supports the thesis. The universal scope of positive duties correlative to human rights In the third paper I focus on duties correlative to human rights. We can distinguish between two different kinds of duties: negative and positive ones. Negative duties are duties not to perform an action, while positive duties are duties to perform an action. I focus on the latter and, in particular, I concentrate on the question of their scope - that is, on understanding who holds them. I defend a refinement of the thesis that all individuals hold positive duties correlative to human rights, which I call the Universal Scope Thesis.

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45

Iurynets, Julia, and Victoria Sokolvak. "Basic concepts of human rights." Thesis, Національний авіаційний університет, 2020. http://er.nau.edu.ua/handle/NAU/43897.

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Естественно-историческое обоснование прав человека в современном мире политическое мнение явно преобладает. Концепция прав человека широко используется и узко.
The natural-historical substantiation of human rights in today’s world political opinion clearly prevails. The concept of human rights is used broadly and narrowly.

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46

Ventajar, Danilo. "Human Rights Perspectives in Insolvency." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23241.

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What human rights or fundamental rights of stakeholders do insolvency norms and laws affect? Will a human rights perspective help in striking a balance between the affected stakeholders? These are the primary questions addressed in this thesis. The idea that human rights values are relevant to he theoretical discussion about insolvency policy is relatively novel. Insolvency after all conjures images of banks and other creditors who are simply attempting to recover their investment. A thorough examination of the dynamics of insolvency however reveals that insolvency is not just about debt collection. It is a complex process that also implicates interests and stakes beyond the interest of banks and other creditors. Globalization further exacerbates this complexity, more so under circumstances of economic decline in the world economy. Using literature review and interdisciplinary or critical legal analysis as methods, the thesis analyzes the axiology of corporate insolvency. While “law and economics” has been identified as an influential value in policy formulation, normative values like human rights were identified to be equally relevant. The thesis draws upon stakeholder theory and corporate responsibility vis-à-vis human rights law to lay the foundation for stakeholder conflict analysis in the context of corporate insolvencies. Concluding that the likely conflict situations in corporate insolvency involve human rights, the thesis suggests the use of the proportionality principle as a balancing tool. In the functional part of the thesis, the author analyzes the relevant provisions of the Philippine insolvency law and singles out the conceptual disconnect of the law with mainstream stakeholder theory in the way it defines the term “stakeholder.”

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47

Lai-lin, Yip. "The ICAC and human rights." Hong Kong : University of Hong Kong, 1998. http://sunzi.lib.hku.hk/hkuto/record.jsp?B20622272.

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48

Egbonwonu, Nicholas Chekwube. "Targeted Killing and Human Rights." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/43330.

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Анотація:

The contemporary diversification of battlefield caused by the military capabilities of non-State actors to plan and execute intensive military operations has shaken an already established world legal order. To curtail the challenges posed by the non-State actors, States have adopted a policy of targeted killing as a counter-terrorism measure. The propriety and the legal regime that govern this policy have been contentious. Hence, a lot has been written about targeted killing, both in favour and against. This research endeavoured to enhance legal certainty in the area of targeted killing by considering the practice of targeted killing under the respective legal regimes and conclude that neither of the legal regimes absolutely prohibit targeted killing. Rather, the legality or otherwise of targeted killing is dependent on the compliance with the rules of the applicable legal regimes. Consequently, this research dispels the argument of impropriety and/or inadequacy of present laws on use of force against non-State actors. In view of the fact that there is no legal void in targeted killing operations, rather than aligning with the argument for an entirely new law, this research calls for interpretive guidance on the controversial areas of the existing laws to enhance legal certainty that will guide State practice in targeted killing operations.
Dissertation (LLM)--University of Pretoria, 2013.
lk2014
Public Law
LLM
Unrestricted

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49

Kapembwa, Julius. "Wildlife rights and human obligations." Thesis, University of Reading, 2017. http://centaur.reading.ac.uk/78228/.

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Анотація:

Despite exponential growth of the field of animal ethics, wildlife ethics has continued to be a fringe discussion. My thesis seeks to make a theoretical contribution by focusing only on human-induced harms to wild animals. I use the rights approach to investigate demands of wildlife justice on human behaviour and wildlife policy. I take rights to be the best normative resource for determining and evaluating just and unjust relations. Given the fundamental position of moral rights that I espouse, moral rights must constitute the core of an ethically sound wildlife policy. The analytical framework I deploy throughout the thesis consists of the Interest Theory of Rights couched in the Hohfeldian matrix of rights. This framework provides some insights for improving on the influential rights approach expounded by Tom Regan. I apply the adopted rights view to several important ethical conundrums. These include the institution of wildlife property; human interference in wildlife predation and wildlife population control; humanwildlife conflict; and state obligations to ensure wildlife justice. From the rights view, I conclude that wild animals are morally not human property and that they are in fact owners of their habitats and the natural goods on which their wellbeing depends. Humans are morally prohibited from killing predators or lethally controlling wildlife populations except in the unlikely event of preventing an ecological catastrophe. Furthermore, humans are permitted in their acts of self- or other- defence in those circumstances where the humans are innocent and are not morally liable. Policies and cultures that allow the killing of wildlife as a resource are unjust and therefore prohibited. Lastly, I contend that the responsibility for protecting wildlife lies with all states whose citizens, organisations, or corporations harm wildlife anywhere on earth. The diffuse and extraterritoriality of unjust harms to wild animals seems to require a cooperative international approach to securing wildlife rights.

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50

Galip, Bugem. "The European human rights law with emphasis on the Cyprus question : land claims and human rights, arguments before the European Court of Human Rights." Thesis, University of Sussex, 2014. http://sro.sussex.ac.uk/id/eprint/51577/.

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Анотація:

This thesis presents a critical analysis of the property rights in terms of Article 1 of Protocol No. 1 (P1-1) of the European Convention on Human Rights (ECHR) to the property conflict in Cyprus. The theme that runs through the paper is whether property disputes in Cyprus have had an impact on the established case law of the European Court of Human Rights (ECtHR). Also addressed is the extent to which Cypriot property claims caused the Court to depart from its traditional approach concerning property rights under the ECHR and whether these cases before the Court have introduced a new aspect to the understanding and interpretation of the protection of property rights in the Convention system, specifically the application of the P1-1 to the Convention. The Court's approach, in its various precedents, in examining property rights within the remit of P1-1 will be compared with the property claims from Cyprus in order to determine the unique and significant character of the Cypriot property cases and to analyse their relationship with the right to property under P1-1 to the ECHR.

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