Дисертації з теми "Labor rights and obligations"
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MARICONDA, CLAUDIA GABRIELLA. "HUMAN RIGHTS AND LABOUR RIGHTS OBLIGATIONS OF MULTINATIONAL COMPANIES. PERSPECTIVES ON PRIVATE MILITARY AND SECURITY COMPANIES." Doctoral thesis, Università Cattolica del Sacro Cuore, 2016. http://hdl.handle.net/10280/11127.
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Lo studio si inserisce nel dibattito sul potere delle multinazionali e il rispetto dei diritti umani fondamentali e approfondisce i concetti di responsabilità sociale delle imprese (CSR) e della loro "accountability", inquadrando l'analisi nel contesto più ampio degli investimenti esteri diretti (FDI), con i relativi aspetti economici, tecnologici e sociali, nonché ambientali e politici.
Si analizzano le norme internazionali in tema di rispetto dei diritti umani da parte delle aziende, ed i meccanismi legali per rendere le società "accountable", soprattutto in caso di complicità aziendali negli abusi perpetrati dagli Stati, anche attraverso la giurisprudenza dei tribunali penali internazionali e dei tribunali statunitensi.
Viene data attenzione al settore della sicurezza, i.e. "Private Military and Security Companies" (PMSCs, interessato da notevole crescita negli ultimi decenni. Le PMSCs, impiegate da parte dei governi che esternalizzano una funzione tipicamente dello stato e da imprese e ONG attive in contesti difficili, hanno operato senza adeguato controllo.
Le loro attività sollevano questioni su potenziali abusi dei diritti umani commessi dai propri dipendenti oltre che su violazioni dei diritti del lavoro subite dagli stessi.
Le azioni ONU per portare le PMSCs fuori dalla 'zona legale grigia' in cui hanno operato vengono trattate insieme alle iniziative di autoregolamentazione.The study, given the debate about the increasing power of corporations and the attempts to ensure their respect of fundamental human rights, deepens the concepts of corporate social responsibility (CSR) and corporate accountability, framing the analysis within the broader discourse of Foreign Direct Investment (FDI), with its economic, technological and social aspects as well as environmental and political issues. International standards in the area of corporations’ human rights obligations are analyzed in addition to legal mechanisms to hold corporations accountable, particularly for corporate complicity in human rights abuses by States, through the jurisprudence of international criminal tribunals and U.S. Courts. Special attention is given to the security sector, i.e. Private Military and Security Companies (PMSCs), interested in the last decades by a steady growth. PMSCs, increasingly contracted by governments willing to outsource a typical state function and by companies and NGOs active in difficult contexts, have been operating without proper supervision and accountability. PMSCs activities raise issues concerning potential human rights violations committed by their employees and labour rights abuses their employees might suffer themselves. UN actions aimed at bringing PMSCs out of the legal ‘grey zone’ where they have been operating are tackled alongside with self-regulatory initiatives.
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Serfontein, Erika Mariane. "Educators employed by school governing bodies : what are their labour rights and obligations? / Erika Mariane Joubert-Serfontein." Thesis, North-West University, 2005. http://hdl.handle.net/10394/2448.
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Furlet, N. Ya, and Н. Я. Фурлет. "Head of institution of higher education – subject of labor law." Thesis, Yaroslav Mudryi National Law University, 2018. http://openarchive.nure.ua/handle/document/7788.
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Thesis for a degree of Candidate of Science in Law, specialty 12.00.05 «Labor law; social security law». – Yaroslav Mudryi National Law University, Ministry of Education and Science of Ukraine. – Kharkiv, 2018.The dissertation is devoted to the systematic and detailed analysis of the legal essence, content and features of the status of the head of a higher education institution as a subject of labor law, as well as actual problems of practical nature and the search for solutions to them. In the scientific work the legal characterization of the activity of the head of a higher education institution as a form of realization of labor rights for the fulfillment of official duties, as well as a specific kind of labor activity was carried out. Defined the notion and essential features of the labor-legal status of the head of a higher education institution, in particular, the nature of the legal relationships that the composition is established between the head of a higher education institution (as an employee) and the founder of a higher education institution (as an employer). Features of the emergence and termination of labor relations with the head of the higher education institution are highlighted, and the gaps and conflicts in the normative and legal regulation of labor relations with the head of higher education institution are identified. Specific suggestions and recommendations for improving the legal regulation of the status of the head of a higher education institution as a subject of labor law have been formed.
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Udoh, Isidore Alphonsus. "The right of church employees to a just wage a study of the obligation of church administrators in canon 1286 /." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.
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Calleman, Catharina. "Cultural exchange or cheap domestic labour : constructions of "au pair" in four Nordic countries." Umeå universitet, Juridiska institutionen, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-71284.
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Pessoa, André Luís Torres. "Os deveres anexos da boa-fé objetiva e o contrato individual de trabalho." Pontifícia Universidade Católica de São Paulo, 2013. https://tede2.pucsp.br/handle/handle/6284.
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Previous issue date: 2013-10-24This dissertation addresses the application of good faith and its obligations within an individual work contract. The dissertation starts off by bringing the concept of good faith, its characterization and history as a general rule, as well as showing its development and integration into Brazilian law. After this, the study brings forth the functions of the good faith objective, including the creation of obligations by bringing an analysis of the most common ones within this specialized doctrine. What follows is a study of the application of these duties to the standards within labor law and the duties of the parties in a labor contract, which is shown through a provision analysis of obligations in the Brazilian Labor Code, subsequently, showing the consequences arising from any violation of the contract when there is failure by the parties to abide to the concepts of good faith and the obligations that follow it
A presente dissertação aborda a aplicação dos deveres anexos da boa-fé objetiva ao contrato individual de trabalho. Inicia trazendo o conceito de boa-fé, a sua caracterização como cláusula geral e o seu histórico, demonstrando o seu desenvolvimento e a sua inserção no direito brasileiro. Após isso, traz um estudo sobre as funções da boa-fé objetiva, dentre elas a de criação de deveres anexos, trazendo uma análise acerca daqueles mais comuns na doutrina especializada. Segue estudando a aplicação destes deveres anexos às normas do Direito do Trabalho e as obrigações geradas às partes do contrato de trabalho, evidenciando a análise da previsão dos deveres anexos na CLT e, posteriormente, avaliando as consequências oriundas da violação positiva do contrato, quando da inobservância dos deveres anexos da boa-fé objetiva pelos contratantes
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Kapembwa, Julius. "Wildlife rights and human obligations." Thesis, University of Reading, 2017. http://centaur.reading.ac.uk/78228/.
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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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Acquaro, Philip Anthony. "The rights and obligations of patriarchs in conciliar legislation." Theological Research Exchange Network (TREN), 1989. http://www.tren.com.
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Grönwall, Jenny T. "Access to water : Rights, obligations and the Bangalore situation." Doctoral thesis, Linköpings universitet, Tema vatten i natur och samhälle, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-11686.
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The city of Bangalore in southern India is undergoing rapid urbanisation and administrative transition. Its growth puts pressure on the available water sources – being mainly the disputed inter-State River Cauvery and the hard-rock aquifers – with ensuing problems of access. These aspects affect how rights to and over water are fulfilled and perceived. Competition for drinking water is intensifying worldwide and over a billion people are estimated to lack safe access to it. Urbanisation and other demographic trends, along with globalisation and climate change, are adding to the changing patterns of water scarcity. The role of rights in attaining and improving access to water is undoubtedly great and often referred to in the general water management debate. The notion is analysed here as having three interlinked dimensions: the right to water as a human right; water in terms of property rights; and water rights. Law treats these rights, and thereby water, differently. For instance, groundwater has traditionally been thought of as invisible and unpredictable. Partly for this reason, it is still left largely unregulated in many parts of the world. In India, according to the proverb, ‘the landlord is a water lord’. This has effects on the claim for water as a human right. The dissertation shows that we cannot talk in terms of water and rights until we are aware of how complex rights apply simultaneously, and how they correspond to obligations.
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Grönwall, Jenny T. "Access to water : rights, obligations and the Bangalore situation /." Linköping : Department of Water and Environmental Studies, Linköping University, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-11686.
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Martínez, Aponte Humberto. "Obligations Regime of the Mining Concession (Mining rights system)." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/117509.
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Mining concessions are subject to the fulfillment of liabilities by their owners based on ground for revocation, known as «expiration», as part of mining rights systems. The recent evolution of these liabilities and their focus as part of the conditions offered by the country for investment are analyzed by the author. To do this, the author conduct a review about the changes taken place in 1991 and 2008 mainly, as well as provides the elements to analyze the appropriateness of modifications or its flexibility. The tables used in the explanation constitutes a contribution, which were used by the author in conferences and due diligence for mining projects, as well as the consideration of both elements in the analysis of doctrine and real application of these concepts under the system of Peru.Las concesiones mineras están sujetas al cumplimiento de obligaciones por sus titulares, bajo causal de revocación, conocida como la «caducidad», enmarcadas en sistemas de amparo minero. La evolución reciente de estas obligaciones, así como enfocarlas como parte de las condiciones que ofrece el país para la inversión, son analizados por el autor. Para ello, realiza una revisión de las modificaciones ocurridas en 1991 y 2008 principalmente, así también proporciona los elementos para reflexionar sobre la conveniencia de nuevas modificaciones o de su flexibilización. Constituyen un aporte los cuadros empleados en la explicación, utilizados por el autor tanto en conferencias, como en due diligence en proyectos mineros; así como considerar en el análisis tanto elementos de doctrina, como de aplicación real deestos conceptos en el régimen del Perú.
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Afrim-Narh, Abraham T. "Human rights limitations : clarifying the emerging obligations of business." Thesis, Middlesex University, 2015. http://eprints.mdx.ac.uk/18464/.
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The United Nations recognises that businesses have responsibility for human rights and there are ongoing negotiations that may lead to the adoption of legally binding framework to ascribe human rights obligations to businesses. The present study considers that ascribing human rights obligations to businesses raises the corresponding need to clarify whether human rights limitations could be factored into their obligations. In contribution to the clarification of this issue, this thesis examines two requirements for permissible limitation of human rights, namely, the concepts of ‘law’ and ‘legitimate aims’. It undertakes a legal analysis of these concepts in terms of whether within the specific context of business, they might respectively include (i) rules that are generated by businesses themselves and (ii) the core interests of businesses as grounds for human rights limitations. It shows how the doctrine of private delegation explains the disposition of businesses to generate rules that may serve as valid bases for human rights limitations and finally proposes the core interests of businesses that may also have to be prioritised as the ‘equivalents’ of legitimate grounds for human rights limitations in business contexts.
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Hoang, Thuan Van. "The rights and obligations of petitioners in marriage nullity trials." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.
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Denk, B. Erdem. "Relative sovereignty over international watercourses : rights and obligations of watercourse states." Thesis, Cardiff University, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.528648.
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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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Elias, Olufemi Adekunle. "The consent of states and customary international law." Thesis, University College London (University of London), 1994. http://discovery.ucl.ac.uk/10061838/.
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This dissertation is an examination of the role of consent in the process by which rights and obligations are created under customary international law. Two related issues are examined. One is the role of consent in the creation of customary law generally, and the other is the question whether the consent of a State or a group of States to a stipulation of customary international law is a condition of the applicability of that law to those States. Part One examines the relationship between the notions of consent, state practice and opinio juris. Chapter I examines the nature of the law governing the creation of customary law. Chapter II compares opinio juris with consent. In Part Two, Chapter III sets up a framework for the enquiry, namely, a spectrum of views expressed about the role of consent. Chapters IV and V then examine the decisions of tribunals and the practice of States to see which of the points on the spectrum corresponds most closely to those decisions and practice. Chapter VI compares general and nongeneral custom as far it relates to the role of consent. Chapter VII examines the position of newly independent States in relation to customary law established before they achieve statehood, and is concerned more with evidence than with general considerations. Part Three deals with the main objections to, and the possible advantages of, the requirement of consent in the contemporary customary law process. It will be suggested that consent does, and should, play an essential part in the customary law process.
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Mancini, Marc A. "The tradition of Mass offerings the rights and obligations of the priest /." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.
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Turner, Ian David. "Human rights, positive obligations and the development of a right to security." Thesis, University of Central Lancashire, 2016. http://clok.uclan.ac.uk/16597/.
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In this PhD by Published Work the author is advocating a right to security broadly grounded in ‘communitarian’ ideals. The ‘absolutist’ state theory of, say, Thomas Hobbes, to protect society from collapse, pays too little attention to genuine fears that the state can actually pose a threat to security; in giving the state significant powers of security, it can undermine the very values one is seeking to secure; and is there actual evidence that substantial gains in state power over the last fifteen years or so, since ‘9/11’, for example, have actually made nations more safe? But liberalism, at least the form suggested by, say, Ronald Dworkin, in being unprepared to accept a balance between rights and security, seemingly overlooks threats that undermine the very freedoms liberals like Dworkin wish to protect. And the liberal philosophy, at least its John Locke traditions, of absolute freedoms is too individualistic and attaches too little weight to responsibilities. Plotting a course, therefore, through these criticisms of state absolutism and liberalism one therefore ‘finds’ communitarianism as a philosophy to support a right to security. The author’s ‘communitarian’, right to security is based on an expansive interpretation of ‘positive’ duties of the state, to protect, say, the rights to life of individuals from violations by non-state actors such as suspected terrorists. The author is therefore not proposing an autonomous right to security; he is developing an existing one. And as the author still sees his right to security as largely a justiciable one enforceable before the courts, his approach is a more moderate aspect of communitarianism embracing some liberal ideas of constitutionalism such as judicial review.
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Katsenga, Nyasha Noreen. "Revisiting Zimbabwe's First Generation BITs: A Case for Balancing Rights and Obligations." University of the Western Cape, 2017. http://hdl.handle.net/11394/6035.
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Magister Legum - LLM (Mercantile and Labour Law)Foreign investments have many benefits; most of which are dependent on the kind of investment. For host countries, the expected benefits which would arise from their perspectives include, but are not limited to; technology, knowledge and skills transfer. Apart from these non-monetary benefits; more directly, a country benefits from increase in job opportunities, increased competition, and in some cases, increased economic stimulus. Where greenfield investments are set up, the host country also stands to benefit in terms of infrastructural development. Also, foreign direct investment (FDI) has been said to be resilient in times of financial crises. For example, in East Asia, between1997-98, FDI remained stable as opposed to the down-ward spiralling of portfolio investments.
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Pires, Pedro Oliveira Monteiro. "Labor rights, formality and spillovers: evidence from Brazil." reponame:Repositório Institucional do FGV, 2016. http://hdl.handle.net/10438/16550.
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We analyze the effects of constitutional amendment 72/13 in Brazil, which matched labor rights of domestic workers to those of other employees. We show that, after the legislation, a sizable media coverage and an intensified public interest increased general knowledge of domestic workers' labor rights. As a consequence, non-compliance of labor legislation in the domestic services sector became more difficult. At the same time, the amendment's need for additional regulation caused labor costs to remain mostly unchanged. Using a difference-in-differences approach that compares selected occupations over time, we find that the amendment -- and the discussion it sparked -- caused an increase in formality and wages among domestic workers. Then, using the heterogeneity of the amendment's impact on demographic groups, our results show that domestic employment was reduced and low-skilled women were pushed out of the labor force and into lower quality jobs. Placebo tests and robustness analysis indicate that our results cannot be explained by a number of alternative interpretations.
Nós analisamos o efeito da emenda constitucional 72/13 no Brasil, que igualou direitos trabalhistas de empregadas domésticas a aqueles de outros empregados. Mostramos que, após a legislação, uma considerável cobertura midiática e um interesse público intensificado aumentou o conhecimento geral de direitos trabalhistas de empregadas domésticas. Como consequência, o não-seguimento de legislações trabalhistas no setor de serviços domésticos ficou mais difícil. Ao mesmo tempo, a necessidade de regulamentar adicionalmente a emenda fez com que custos trabalhistas ficassem praticamente inalterados. Usando uma abordagem de diferença-em-diferenças que compara ocupações selecionadas ao longo do tempo, mostramos que a emenda -- e a discussão que ela causou -- levou a um aumento na formalização e nos salários de empregados domésticos. Então, usando a heterogeneidade do impacto da emenda em grupos demográficos, nossos resultados mostram que emprego doméstico foi reduzido e que mulheres pouco qualificadas saíram força de trabalho e foram para empregos de menor qualidade. Testes de placebo e análises de robustez indicam que nossos resultados não são explicados por diversas interpretações alternativas.
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Kolliniati, Maria-Artemis [Verfasser]. "Human Rights and Positive Obligations to Healthcare : Reading the European Convention on Human Rights through Joseph Raz's Theory of Rights / Maria-Artemis Kolliniati." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://d-nb.info/1192102681/34.
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Raible, Lea Alexa. "Human rights unbound : a theory of extraterritorial human rights obligations with special reference to the International Covenant on Economic, Social and Cultural Rights." Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10041896/.
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This thesis advances four main arguments aimed at fundamentally changing the way we think about extraterritorial human rights obligations. First, I argue that the questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, I seek to show that human rights as found in international human rights law, including the International Covenant on Economic, Social and Cultural Rights, are underpinned by the values of integrity and equality. Third, I argue that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over said individuals. And fourth, I show that title to territory is best captured by the value of stability, as opposed to integrity and equality. Because of this, models of jurisdiction that incorporate a close relationship with title to territory cannot be successful. The consequence of these arguments is a major shift in how we view extraterritorial human rights obligations. Namely, the upshot is that all standards in international human rights law that count as human rights require that a threshold of jurisdiction, understood as political power, is met. However, on my account, this threshold is not a conceptual necessity but a normative one. It is the relevant threshold not only for practical reasons, but because it justifies the allocation of human rights obligations.
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Manasse, Brilaine Lisa. "The state’s obligation to realise the socioeconomic rights of vulnerable groups: A case study of children on the Cape Flats." University of the Western Cape, 2019. http://hdl.handle.net/11394/7030.
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Magister Legum - LLMThe Cape Flats is known for poverty, gangsterism, over population and a general lack of basic necessities. What is often overlooked is where this negative perception emanates from. Generational poverty is an existent issue and has been influential in shaping the Cape Flats to what it is today. What this study aims to do, is to provide a background on a possible theory for this typecast that accompanies the areas broadly known as the Cape Flats. The study will show how the Apartheid era created a ripple effect for future generations, and how this may be the cause of these vulnerable groups of children being failed by a system which have long forgotten about them. The study demonstrates how vulnerable groups on the Cape Flats, struggling and pleading for State intervention in the delivery of basic human rights, have fallen on deaf ears. The study further reveals that the State has not fulfilled its constitutional mandate, neither has it lived up to the enabling provisions contained in international instruments which has been adopted by the South African government, and confirms that all three spheres of government have lacked in the accomplishments it set out to achieve upon the adoption of various pieces of legislation, notwithstanding the proclamation of domestic laws to help the State realise its socioeconomic rights obligations. The study was a particularly challenging task to undertake, as research topics on the issue of socioeconomic rights realisation on the Cape Flats is not a well-studied subject. The intention behind the study is to make an important contribution towards awareness of the issue under discussion, paving the way for future knowledge sharing and an open dialogue focusing on the role of the State in the realisation of socioeconomic rights of children on the Cape Flats.
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Al-Hemyari, Ameen Baggash Abdulhemed. "Merger and acquisition laws in UK, UAE and Qatar : transferring rights and obligations." Thesis, Brunel University, 2012. http://bura.brunel.ac.uk/handle/2438/7174.
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Across six Chapters, this thesis examines the legal effects of mergers and acquisitions (M&As) on the employees, Board of Directors and shareholders of companies with the objective of gaining in-depth understanding of this area. The thesis then develops legal and practical solutions for the problems and negative effects associated with M&As, specifically regarding employees, Boards of Directors and shareholder companies involved in such operations. This research determines to answer the following question: How do mergers and acquisitions (M&As) affect employees, management and shareholders rights and obligations? And what the legal basis for transferring their rights and liabilities between companies involved in M&As? Despite the importance of M&As as a means of economic concentration and emergence in terms of major commercial or industrial projects, the laws of both the UAE and Qatar do not sufficiently address the issue of mergers or their goals and conditions. They also fail to regulate acquisitions or to otherwise specify when acquisitions become necessary for companies. Furthermore, the laws do not specify the rights of workers regarding their knowledge of or participation in M&As or developed adequate solutions for the negative impacts on companies workers in such processes. These laws do not provide the right for the Board of Directors of the transferor company to merge with the Board of Directors of the transferee company. Additionally, they also unsuccessfully address the minority shareholders right (those not interested in the merger) to exit the merged company and recover the value of their shares. Moreover, the UAE and Qatar have not developed appropriate solutions for the exchange of shares between companies involved in mergers in the case of dissimilarity between the actual values of the shares of both companies. This has notably led to jurisprudence and judiciary confusion between the concept of M&As, their legal nature and the legal basis or theory for the transfer of the rights and liabilities of employees, management and shareholders between companies involved in M&A operations. In accordance with legal texts, the above discussion, M&A legal theory and the theory of the agency contract between a company and its Board of Directors, the thesis argues that M&As should not lead to cutting labour contracts or negatively affect employee rights as long as corporate ventures remain in place and M&A operations do not lead to the liquidation of merged or acquired companies. Also, the thesis shows that a company is linked with its Board of Directors through a special form of agency contract, which justifies the transfer of the rights of the Board of Directors of the merged company with regards to the merging or new company management. The thesis also develops solutions and processes for the exchange of shares between merged companies when there are differences between the actual values of their shares, through the shareholders of the merged company buying shares from the merging company or by selling their shares to the merging company and recovering the value of their shares in cash. The study also recommends taking a set of procedural measures during M&As, modifying some of the relevant legal texts of the UAE and Qatar, which would mitigate the negative effects of mergers and acquisitions. Furthermore, this research suggests ways to improve such laws to reach the level of those of developed countries, in order to encourage mergers and acquisitions in the region.
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Sullivan, Michael A. "The effects of suspension upon selected rights and obligations of a diocesan priest." Theological Research Exchange Network (TREN), 1992. http://www.tren.com.
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Martzoukou, V. "Claims to resources and positive obligations under the European Convention on Human Rights." Thesis, University College London (University of London), 2015. http://discovery.ucl.ac.uk/1472404/.
Повний текст джерелаАнотація:
This thesis investigates the question of what claims to resources and positive obligations are inherent in an effective respect for the rights protected by the ECHR. I advance my thesis first by way of a negative argument about where we cannot look for answers: in flawed categorizations and distinctions between different types of rights and duties and in formalistic or conventional interpretations of the ECHR. Instead, I treat this as an interpretive question that invites substantive moral arguments about what the content and extent of such claims may be in light of the principles and values underlying the Convention. I highlight the significant progress but also the inconsistency and uncertainty in the case law of the ECtHR and offer examples that point to the need for a coherent set of principles by which to determine the content and fair scope of positive obligations and claims to resources. I investigate three different conceptions of the value of liberty as the core value underlying the ECHR. I consider the problems in employing the theories of I. Berlin and J. Raz as the basis for an account of rights and positive obligations. In contrast to these, I develop an interpretation of Ronald Dworkin's integrated conception of the values of liberty and equality, by which his two principles of dignity and the abstract right to equal concern and respect may give rise to rights as fair shares in a just distribution of the available resources. The idea of proportionality, I suggest, so prevalent in human rights theory and practice, cannot answer the question of what is a fair share but points to the central problem of when can individuals challenge a distribution of resources or opportunities as disproportionate, unreasonable or unfair. Besides, I highlight the significant flaws of minimum core and capabilities theories as the basis for construing the content of rights and claims to resources and positive obligations. As a more attractive alternative, I closely examine Dworkin's theory of equality of resources and defend an interpretation of his hypothetical insurance device as a safety net strategy for determining the content of claims to resources and positive obligations under the ECHR.
27
Chetty, Maushami. "The repatriation process: does South Africa live up to its human rights obligations?" Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1074.
Повний текст джерелаАнотація:
"The Aliens Control Act (ACA) was racially biased towards immigrants who were easy to assimilate into the white population. It thus did not accord with the principles of the new regime based on equality and reflected an exclusionist apartheid ideology. Not only was the act itself repugnant, but the practice of the enforcement bodies in arrest, detention and deportation procedures was maligned as well. There were allegations of violence, arbitrary arrest, harassment, exploitation, unfit detention facilities and lack of procedural fairness. This precipitated the drafting of the Green and White Papers on International Migration, the much contested Immigration Bill and the Immigration Act (IA) itself. The well researched Green Paper's recommendations about the shift in focus from control to management of migration were not taken cognisance of. The government, in consultation with US immigration specialists, focused on control to prevent an influx from the rest of Africa into South Africa's newly 'opened' borders. The only concession granted was the amnesties for long-time residents (usually mineworkers and refugees) from SADC countries, but this was not well responeded to. The South African government seemed to be intent on keeping the exclusionist mindset, with a shift from race to nationality. The IA has to be examined to see whether the contents of the legislation which inform the repatriation process meet constitutional and international law muster. This should be done with the background and criticisms of the ACA in mind. The actual practice of the enforcement agencies that effect the arrest, detention and deportation must be measured against South Africa's accepted human rights norms. A consideration of the past harsh and unconstitutional immigration control mechanisms must take place as well to track South Africa's progress towards a human rights based repatriation program." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
28
Salam, Abdallah. "Perfect and imperfect rights, duties and obligations : from Hugo Grotius to Immanuel Kant." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:882da778-1126-4909-b38b-5ada51cc8e78.
Повний текст джерелаАнотація:
In this doctoral thesis, Kant's distinction between perfect and imperfect duties is examined. The thesis begins with an exploration of how the distinction originates and evolves in the writings of three of Kant's most prominent natural law predecessors: Hugo Grotius, Samuel von Pufendorf, and Christian Wolff. The thesis then moves on to Kant's own writings. It is argued that Kant draws the perfect-imperfect distinction in as many as twelve different ways, that these ways are not entirely consistent with one another, and that many of them, even taken by themselves, do not hold up to scrutiny. Furthermore, it is argued that Kant's claim that perfect duties always trump imperfect duties - which can be referred to as "the priority claim" - is not actually supported by any one of the ways in which Kant draws the perfect-imperfect distinction. After this critical reading of Kant's writings, the thesis then switches gears and a more "positive" project is attempted. It is argued that the perfect-imperfect distinction, even though it does not support the priority claim, is not altogether normatively neutral or uninteresting. In particular, for some of the ways in which the distinction is drawn, it is shown that the distinction yields the following normative implication: Sometimes perfect duties override imperfect duties and all other times there is no priority one way or the other. Finally, it is explained that this normative implication - which can be referred to as the "privilege claim" - translates into the following practical directive: When there is a conflict between a perfect duty and an imperfect duty, sometimes one must act in conformity with the former duty and all other times one is free to choose which of the two duties to act in conformity with. This practical directive represents the ultimate finding of this thesis.
29
Lukhozi, Sipho Michael. "Dual obligations in clinical forensic medicine." Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/86537.
Повний текст джерелаАнотація:
Thesis (MPhil)--Stellenbosch University, 2014.ENGLISH ABSTRACT: This thesis discusses ethical dilemmas faced by district surgeons in South Africa. District surgeons render clinical forensic services, which means that they deal mainly with detainees and victims of crime. The main functions of district surgeons are the collection of forensic evidence from patients and the care of detainees. So the focus is to assist in the administration of justice rather than improvement of patient wellbeing. The district surgeon may therefore find himself in a situation where patients’ interests are in conflict with those of law enforcement agencies. Being a medical practitioner in clinical forensic medicine, the district surgeon has an obligation to assist in the administration of justice, as opposed to the traditional obligation to care for patients and put patient’s interests first. This allegiance to both administration of justice as well as patient wellbeing lead to an ethical dilemma of dual loyalties. A dual obligations presents an ethical dilemma for the district surgeon, especially if they are in conflict and mutually exclusive. I discuss the detention and subsequent death of Steve Biko to illustrate how dual obligations can lead to serious human rights violations and even death. Dual obligations are however not limited to detainees and police custody settings, and I demonstrate this by discussing three other scenarios commonly encountered by district surgeons. There is a lack clear guidance for district surgeons who are faced with a conflict of obligations. I explore several ethical theories including consequentialism, deontology and virtue ethics, in search of an ethical framework suitable for resolving conflicts in clinical forensic medicine. I therefore argue that a duty based ethical framework is central to clinical forensic medicine and the resolution of loyalty conflicts. I recommend the resolution of conflicts by using an approach developed by Benjamin (2006). This approach involves weighing -up the different duties in conflict, applying philosophical reasoning and then amelioration. By adopting a structured and wellreasoned ethical framework, district surgeons will be able to deal with conflicts of obligations better.
AFRIKAANSE OPSOMMING: Hierdie tesis bespreek etiese dilemmas wat in die gesig gestaar word deur distriksgeneeshere in Suid-Afrika. Distriksgeneeshere lewer kliniese forensiese dienste, wat beteken dat hulle handel hoofsaaklik oor die gevangenes en slagoffers van misdaad. Die belangrikste funksies van distriksgeneeshere is die insameling van forensiese getuienis van pasiënte, en die sorg van gevangenes. Met hierdie benadering is die fokus om te help met die administratiewe doeleindes van geregtigheid, eerder as die verbetering van die pasiënt se welstand. Die distriksgeneesheer kan hom dus in 'n situasie vind waarby die pasiënte se belange in konflik is met dié van wetstoepassingsagentskappe. As 'n geneesheer in kliniese forensiese geneeskunde, het die distriksgeneesheer 'n verpligting om te help met die administrasie van geregtigheid, in teenstelling met die tradisionele verpligting om te sorg vir hul pasiënte, en hul welstand eerste te plaas. Hierdie getrouheid gaan gepaard met beide regspleging, sowel as die welstand van die pasiënt, wat kan lei tot 'n etiese dilemma van dubbele lojaliteit. Dubbele verpligtinge bied 'n etiese dilemma vir die distriksgeneesheer, veral as hulle in konflik en wedersyds uitsluitend is. Ek bespreek die aanhouding en die daaropvolgende dood van Steve Biko om te illustreer hoe dubbele verpligtinge kan lei tot ernstige skending van menseregte en selfs die dood. Dubbele verpligtinge is egter nie beperk tot die gevangenes en polisie-aanhouding instellings nie, en ek demonstreer dit deur die bespreking van drie ander “scenario's” wat oor die algemeen eervaar word deur distriksgeneeshere. Daar is 'n gebrek aan duidelike riglyne vir distriksgeneeshere wat 'n botsing van verpligtinge in die gesig staar. Ek verken verskeie etiese teorieë insluitende konsekwensialisme, deontologie en deugde-etiek, op soek na 'n etiese raamwerk geskik vir die oplossing van konflikte in kliniese geregtelike geneeskunde. Ek argumenteer dus dat 'n pligsgebaseerde etiese raamwerk sentraal is tot kliniese forensiese geneeskunde, en die resolusie van lojaliteit konflikte. Ek beveel die oplossing van konflikte deur die gebruik van 'n benadering wat ontwikkel is deur Benjamin (2006). Hierdie benadering behels 'n gewigsoorweging tussen die verskillende pligte in konflik, die toepassing van filosofiese redenasie en verbetering. Deur die aanneming van 'n gestruktureerde en beredeneerde etiese raamwerk, sal distriksgeneeshere dus in staat wees om konflikte van verpligtinge beter te hanteer.
30
Bielen, Carter. "International Obligations and the International Criminal Court: An Analysis." Thesis, Boston College, 2013. http://hdl.handle.net/2345/3021.
Повний текст джерелаАнотація:
Thesis advisor: David RasmussenThis thesis begins by analyzing three different philosophies on human rights. It looks to the foundations of these theories, but focuses primarily on the obligations that each system creates. It evaluates cosmopolitanism and two different institutionalist arguments, eventually settling on a tiered system of international responsibility as the strongest and most practical conception of rights. The second chapter of the thesis discusses the role of the International Criminal Court as a part of this tiered system, and as a means to promote human rights across the globe. This section evaluates the court by considering its historical foundations, its goals and responsibilities, and its actions over the past ten years. It concludes by providing recommendations for the future of the court
Thesis (BA) — Boston College, 2013
Submitted to: Boston College. College of Arts and Sciences
Discipline: College Honors Program
31
Lennhammer, Emma. "Rights out of Reach? : Justifications of Intellectual Property Rights in Relation to the Fulfilment of Socioeconomic Human Rights." Thesis, Uppsala universitet, Teologiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-411879.
Повний текст джерелаАнотація:
In this thesis, three perspectives on the justification of intellectual property rights are investigated in the light of conflicting socioeconomic human rights. This is done by using a comparative method, where the perspectives chosen are reviewed through the lense of rights as legitimate claims, as well as accessibility of rights. The purpose is to review as to how the ownership of ideas and inventions can be justified in relation to the socioeconomic challenges faced in many parts of the world. The principal research question is: How can intellectual property rights be justified and how can it be evaluated against the backdrop of socioeconomic rights and moral obligations? To answer this question, I posed three sub-questions: First, how are intellectual property rights justified in the existing research chosen as an entry point for this thesis? Drawn from this, how can the justification of intellectual property rights be understood as a moral concern in a socioeconomically unequal world? Taking a cue from this, what questions need to be answered to better understand the transnational moral obligations linked to intellectual property rights? By reviewing the perspectives presented on the justification of intellectual property rights, I make three concluding statements — intellectual property rights cannot be justified in cases where they affect other individuals’ socioeconomic rights negatively; excessive benefits gained for creators is not morally reasonable; and the unequal distribution of power and opportunities in relation to transnational moral responsibilities need to be recognised.
32
Chembezi, Gabriel. "Traditional justice and states' obligations for serious crimes under international law: an African perspective." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1047_1361197710.
Повний текст джерела
33
Okafor-Obasi, Obasi. "The enforcement of state obligations to respect and ensure human rights in international law." Universität Potsdam, 2003. http://opus.kobv.de/ubp/volltexte/2011/5133/.
Повний текст джерелаАнотація:
Content:
I. The nature and form of international law
1. The acceptance of the existence of an international legal order
2. The legal position of the individual in international law
II. Obligations of states in the protection of international human rights
1. Treaty-based human rights obligations
2. The nature of treaty-based human rights obligations
3. The ”absolute” and ”objective” character of human rights treaty obligations
4. Human rights conventions as self-contained regimes
5. The problem of characterisation of human rights obligations of states
III. Human rights obligations arising from general principles of international law
1. Obligations erga omnes and human rights norms
2. The outlawing of genocide as obligation erga omnes
3. Protection from slavery as obligation erga omnes
4. The outlawing of acts of aggression as obligation erga omnes
5. Protection from racial discrimination as obligation erga omnes
6. The basic rights of the human person as obligation erga omnes
7. Jus Cogens and the search for peremptory norms of human rights
8. International crimes and human rights norms
9. The relationship between the concepts: erga omnes, jus cogens, international crime and human rights
IV. International instruments for the coercive enforcement of state obligations to ‘respect and ensure’ human rights
1. Countermeasures as consequences of breach of treaties in international law
2. Application of reprisals for the enforcement of treaty-based human rights obligations
3. Intervention for the protection of human rights in international law
4. Intervention by the Security Council for the protection of human rights: the situation before the East-West détente
5. Humanitarian intervention after the end of the Cold War
6. The legal nature of ECOWAS intervention in the Liberian Civil War
7. The legality of NATO’s intervention in Kosovo
8. Some instances of intervention with mixed motives
V. Non-forceful measures for the enforcement of states’ human rights obligations
1. Economic and financial pressure as means of enforcing states’ obligation to respect and observe human rights
2. The application of the clausula rebus sic stantibus for the protection of human rights
3. The enforcement of human rights through the World Bank
4. The enforcement of human rights through the ILO
5. Diplomatic recognition as an instrument for securing a state's respect and promotion of human rights
6. Refusal to comply with an extradition agreement as a means of enforcing a state’s human rights obligations
7. Denial of immunity as a means of enforcing a state’s human rights obligations
8. Publicity as an instrument for the enforcement of human rights
VI. Judicial enforcement of state obligations to ‘respect and ensure’ human rights
1. Enforcement of human rights through International Criminal Tribunals
2. The International Criminal Tribunal for Yugoslavia
3. The International Criminal Tribunal for Rwanda
4. The International Special Court of Sierra Leone
Résumé
34
Wettstein, Florian. "Multinational corporations and global justice : the human rights obligations of a quasi-governmental institution /." Schaan : Gutenberg, 2007. http://www.gbv.de/dms/zbw/52790354X.pdf.
Повний текст джерела
35
Tawana, Josiel Motumisi. "An Analysis of South Africa's Compliance with its Reporting Obligations Under Selected Core Human Rights Treaties." Thesis, University of Pretoria, 2020. http://hdl.handle.net/2263/77488.
Повний текст джерелаАнотація:
South Africa’s peaceful transition to democracy in 1994 and its related efforts to be a champion for human rights promotion and protection are well documented. Since the advent of democracy, it has signed and ratified seven of the nine core international human rights treaties. Having overcome a history of racism and human rights violations in a peaceful manner, it assumed the status of a leading state actor in the fields of human rights and democracy. This study reveals that state compliance is complicated and that many states including South Africa grapple with reporting obligations.
This thesis contributes to the understanding that non-compliance with reporting obligations is not intentional, nor necessarily is it a result of state unwillingness to comply. It reveals that compliance gaps may arise from various factors, including state capacity and institutional effectiveness. This thesis reflects on South Africa’s compliance and reporting performance under three selected United Nations (UN) human rights treaties, namely, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights (ICCPR). The three treaties were chosen owing to the critical role they can play in deepening the understanding of human rights in the country from economic, social, civil and political, and elimination of racism perspectives. They largely mirror the Constitution of South Africa and the country’s challenges, as it continues to grapple with the legacy of racism, poverty, inequality and underdevelopment. Their combined meaning and significance in South Africa needs to be better understood and explored.
Compliance with UN human rights treaties is considered a global standard of good global citizenship. State reporting is, therefore, an important avenue to demonstrate South Africa’s compliance with its reporting obligations and commitment to human rights promotion and protection.Thesis (PhD (International Relations))--University of Pretoria, 2021.
DIRCO
Political Sciences
PhD (International Relations)
Unrestricted
36
Pažmová, Kristína. "Právní postavení jednatele společnosti s ručením omezeným." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-10338.
Повний текст джерелаАнотація:
The thesis is describing agent in limited liability company. First part is about the company in general, second about the steps that has to be taken before becomming and agent and also how the post can be disolve and then main part of the thesis is focused on the rights and obligations of an agent.
37
Ohia, Emilee. "Imported Mothers and Subsidized Love: An Analysis of U.S. Labor Policy and Rights for Domestic Workers." Thesis, University of Oregon, 2016. http://hdl.handle.net/1794/20497.
Повний текст джерелаАнотація:
Over the last several decades, economic and cultural shifts in the United States have created an increasing demand for domestic labor, and data shows that these jobs have largely been filled by women of color, many of whom are immigrants who may or may not have documented legal status. Despite the growing importance of this industry, domestic workers have historically and intentionally been excluded from most federal and state labor rights and regulation, which has resulted in substandard working conditions, exploitation, and abuse for workers in this industry. This research traces the gendered and racialized legislative exclusion, and analyzes recent state efforts to enact policies extending labor rights to domestic workers. It concludes with recommendations for the role of advocacy in pushing for legislative change, and for bridging the gap between policy and enforcement.
38
Bådagård, William. "A Critique of Anna Stilz' Fair-use Proviso : The normative significance of future generations in matters of territorial rights." Thesis, Uppsala universitet, Avdelningen för praktisk filosofi, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-416345.
Повний текст джерелаАнотація:
In this essay, I will examine the theory of territorial rights developed by Anna Stilz. The overarching project of hers is to defend a system of territorially sovereign states, the defense of which is grounded in the natural rights of individuals to personal autonomy and self-preservation. She begins her theoretic project by arguing for the plausibility of the preinstitutional occupancy right, intended to grant individuals usage-rights over the earth, existing irrespective of social or moral conventions, formally defined as follows: “Occupancy Rights. A person has a preinstitutional right to occupy a particular area if (1) access to spaces in that area is fundamental to his located life plans and (2) his connection to the territory was established without any wrongdoing on his part, involving (at a minimum) no expulsion or wrongful interference with prior occupants or infringement of others’ claims to an equitable distribution of geographical space.” The condition of equitable distribution expresses a concern for proportionality. It seems as if Stilz believes that no territorial holding will be legitimate unless it is of an appropriate scale, with regard to the holdings of others. This condition is referred to by Stilz as the fair-use proviso. The fair-use proviso concerns the occupancy claims made by individuals. Stilz also introduces conditions for a legitimate global distribution of territory, named as the full proviso. Stilz’ defines the full proviso as follows: (conditions for a legitimate global distribution of territory): “The full proviso hold that a just distribution of the earth’s spaces must (i) satisfy everyone’s basic territorial interests and (ii) grant groups with shared practice-based interests the right to use geographical space in ways that reflect these interests, so long as the groups are of sufficient size, and so far as this is institutionally feasible.” For an individual occupancy claim to be legitimate is simply that it is consistent with the conditions for a legitimate global distribution of territory, i.e. the full proviso. The full proviso and the fair-use proviso are thus inseparable parts of a whole. In what follows, if not specified otherwise, I will alternate in referring to the fair-use proviso as the fair-use proviso or simply the proviso. The full proviso will always be italicized when discussed. The purpose of this essay is to investigate whether the fair-use proviso is satisfying in the face of some criticism. In completing this task, I will draw on an objection put forth by Lea Ypi. The objection as formulated by her is not in direct response to Stilz, however I believe we might draw on her work to formulate a powerful objection from scarcity to Stilz’ fair-use proviso. The question at stake in this essay is thus if the objection of scarcity is successful against Stilz’ fair-use proviso.
39
Beattie, Amanda Russell. "Obligations of love : international political thought & the tradition of natural law." Thesis, St Andrews, 2008. http://hdl.handle.net/10023/536.
Повний текст джерела
40
Messineo, Francesco. "The attribution of conduct in breach of human rights obligations during peace support operations under UN auspices." Thesis, University of Cambridge, 2012. https://www.repository.cam.ac.uk/handle/1810/252266.
Повний текст джерела
41
Raeburn, Nicole C. "The rise of lesbian, gay, and bisexual rights in the workplace." The Ohio State University, 2000. http://rave.ohiolink.edu/etdc/view?acc_num=osu1391508575.
Повний текст джерела
42
Eriksson, Maria. "Defining rape emerging obligations for states under international law? /." Doctoral thesis, Kållared : Örebro Universitet, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-10590.
Повний текст джерела
43
Johnson, Harry R. "Federal part I commissions of inquiry: A study of certain of their rights, obligations and privileges." Thesis, University of Ottawa (Canada), 1985. http://hdl.handle.net/10393/4814.
Повний текст джерела
44
Clarke, Sharna-Lee. "Holding South Africa Accountable : A Critique of the Reports Submitted to Treaty Bodies Pertaining to the Rights of Children with Disabilities." University of the Western Cape, 2016. http://hdl.handle.net/11394/5143.
Повний текст джерелаАнотація:
Magister Legum - LLMSouth Africa recently submitted reports to three treaty bodies regarding steps taken over the past two decades to implement the rights of children with disabilities. This study is focused on critically analysing the South African reports submitted to the United Nations Committee on the Rights of the Child (hereinafter referred to as the CRC Committee), the African Committee of Experts on the Rights and Welfare of the Child (hereinafter referred to as the ACERWC) and the Committee on the Rights of Persons with Disabilities (hereinafter referred to as the CRPD Committee) regarding the implementation of the CRC, ACRWC and the CRPD in South Africa. In doing so, the study focuses on all matters pertaining to children with disabilities as well as focusing on particular groups of children with disabilities. This will be done to determine whether or not the State meets the international law obligation of implementing the CRC, ACRWC and the CRPD in South Africa.
45
Johansson, Josefin. "Holding States Responsible for National Corporates’ Extraterritorial Human Rights Violations: Possibility or Absurdity?" Thesis, Uppsala universitet, Teologiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384811.
Повний текст джерелаАнотація:
Almost four decades have passed since the European Court of Human Rights introduced the concept of positive obligations. Positive obligations mean that the member states must take affirmative action in order to secure the rights and freedoms provided for by the European Convention on Human Rights. Since then, the scope of positive obligations has extended tremendously, and today all substantive rights generally contain positive obligations. The reason behind the development is to maintain the full effectiveness of human rights enforcement within the European context, and it has been enabled, inter alia, through dynamic interpretation and because the European Convention on Human Rights is considered a living instrument. The fact that European companies operating transnationally, i.e. in a non-European context, sometimes through its commercial activities violates human rights has given rise to discussion in legal doctrine on whether the scope of positive obligations should be further extended so that the member states to the European Convention on Human Rights will incur state responsibility for national corporates’ extraterritorial human rights violations. Thus, the purpose of the thesis is to examine whether the European Court of Human Rights can and should proceed with such expansion. An expansion creates methodological and technical problems as it challenges the traditional notion of jurisdiction, however, it is not impossible. Whatever the European Court of Human Rights will decide to do, the thesis will provide arguments both for why home state responsibility for national corporates’ extraterritorial activities that violates human rights can and should be imposed, as well for why it is beyond its (the European Court of Human Rights) competence.
46
Tyree, Rachel. "Just Hospitality: Wage Theft, Grassroots Labor Organizing, and Activist Research in Nashville, Tennessee." Scholar Commons, 2016. http://scholarcommons.usf.edu/etd/6420.
Повний текст джерелаАнотація:
This politically engaged project locally grounds the efforts of low-wage workers in the United States who are addressing the nationwide epidemic of wage theft by focusing on the particular experience of organized hospitality cleaning workers at a worker center in Nashville, Tennessee. While being both collaborative and reflexive, this activist anthropological research utilizes observant participation, in-depth interviews, and organizational and archival research to explore the issues identified by members and organizers at the worker center, illustrate the alternative theories of change being generated from grassroots labor organizing efforts in light of state mechanisms that do not protect all workers, and to investigate the complex intersections of activism and academia in research settings. This study shows that wage theft is a more nuanced problem than an economic burden alone, that organized low-wage and immigrant workers are changing the landscape of U.S. labor organizing, and that academic-worker justice collaborations hold promising implications for social change.
47
Sohena, Siphiwo Clifford. "The development of organisational rights in South Africa." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/841.
Повний текст джерелаАнотація:
Under the previous Labour Relations Act of 1956, (herein after refered as old LRA) organisational rights in South Africa were conspicuous by their absence. In addition, theright to access was restricted by the Trespass Act No. 6 of 1959, which made it a criminal offence to enter land without thepermission of the owner or lawful occupier, except for a lawful reason. During the 1980’s and the first half of the 1990’s several trade union rights, including the right to engage in collective bargaining were established by the Industrial Court under its unfair labour practice jurisdiction. After 1994, South African courts were bound to uphold the basic rights entrenched in the Constitution, Act No. 108 of 1996, and the new Labour Relations Act, 66 of 1995, (herein after refered as new LRA) was promulgated. A new system of collective bargaining which is voluntary in nature was established in order to level the playing fields between employees and trade unions. The new LRA grants organisational rights to registered trade unions. The aim of this treatise is to consider and evaluate these rights. The main source of organisational rights in international public law is to be found in the International Labour Organisation’s Convention on Freedom of Association. Decisions of the International Labour Organisation’s bodies of supervision and interpretation have upheld the protection of various organisational rights, such as trade union access to the employer’s premises,representation of employees by the officials of their trade union, and the right of union officials to collect union dues. These rights have now been incorporated into our labour law system. In this treatise, the pre-1994 situation and the scenario after the 1994 democratic elections is analysed. The contents of these rights are considered as well as enforcement there-of.
48
Madima, Reshoketswe. "A case study of whether South Africa's foreign policy with Zimbabwe and China is informed by its constitutional and international human rights obligations." Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32336.
Повний текст джерелаАнотація:
South Africa is a country that in the past has experienced gross human rights violations, and therefore has sought never again to have such violations. The government has sought to protect people's human rights by including them in the country's Constitution. Furthermore, South Africa has engaged with various international human rights bodies to further advocate for good human rights practices. However, the country has encountered some domestic challenges, with inequality and poverty being rife in the country. These challenges have implications for South Africa's economic foreign policy goals. This study explores South Africa's foreign policy with the Chinese government and the Zimbabwean government to explain why the country has chosen countries with poor human rights such as these. The research study will be centred around the period from 2008 to 2017. The offensive realism theory formed the theoretic framework of this research study. The study employed a qualitative research strategy as well as an interpretivist research paradigm. The findings show that when it comes to South Africa's foreign policy agenda, the government's goal is to establish a partnership with another country that will ultimately benefit the economic interests of South Africa, regardless of the country's human rights principles.
49
Peterson, Gigi. "Grassroots good neighbors : connections between Mexican and U.S. labor and civil rights activists, 1936-1945 /." Thesis, Connect to this title online; UW restricted, 1998. http://hdl.handle.net/1773/10398.
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50
Waugh-Benton, Monica. "Strike Fever: Labor Unrest, Civil Rights and the Left in Atlanta, 1972." unrestricted, 2006. http://etd.gsu.edu/theses/available/etd-07282006-153554/.
Повний текст джерелаАнотація:
Thesis (M.A.)--Georgia State University, 2006.1 electronic text (136 p.) : digital, PDF file. Title from title screen. Clifford Kuhn, committee chair; Ian C. Fletcher, committee member. Description based on contents viewed Apr. 5, 2007. Includes bibliographical references (p. 133-136).