Дисертації з теми "Politiques des droits"
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Galland, Yannick. "La protection par le droit international des droits politiques." Université Robert Schuman (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR30028.
Повний текст джерелаPolitical rights may be defined as rights which determine, in a specific political community, the nature of the relations between the rulers and the ruled. The nature and scope of these rights depend on the political regime adopted hy the community. General international law, is based on the principle of constitutional autonomy and does not bind the States to adopt a particular political regime. A coherent body of norms protecting political rights cannot be deduced from the right of peoples to self-determination or the General Assembly resolutions regarding the principle of periodic and genuine elections, neither by taking as a whole the entire body of conventional norms. Moreover, the emergence of such norms is not the result of the "diplomacy of democracy". At the opposite, the main conventions in international human rights include rules on elections which are compatible with the requirements of liberal democracy, they additionally recognise rights which permit the participation of individuals to public affairs and set up mechanism to limit these rights. The interpretation of the conventions by its own organs, gives to the freedom of expression, freedom of association and freedom of meeting a political dimension and confers to political activities covered by these freedoms a stronger protection. On one band, by recognising specific political rights, the international instruments on minorities aim to safeguard an effective participation for minorities in the public sphere and also, in some cases, during the decision process related to minorities issues. On the other band, by recognising political rights, the international instruments on indigenous peoples aim essentially to recognise to indigenous peoples a collective right to autonomy
Magnette, Paul. "La citoyenneté européenne : droits, politiques, institutions /." Bruxelles : Éd. de l'Univ. de Bruxelles, 1999. http://www.gbv.de/dms/spk/sbb/recht/toc/31966516X.pdf.
Повний текст джерелаAhmadi, Djalil. "Les droits fondamentaux des responsables politiques." Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2078.
Повний текст джерелаThe study of policy makers’ fundamental rights is at the intersection of several issues shared by modern democracies, i.e. the democratic legitimacy of the political function and the preservation of its holder’s fundamental rights. The cornerstone of this work consists in analyzing how coherently law has transcripted these two imperatives at a time when the gap between policy makers and public opinion has never been so big. In this perspective, this research is centered around three main themes. The first one underlines the rights and freedoms whose implementation is specific to every political function and which reveal the policy maker as a singular citizen. The second one highlights the influence of some political functions on procedural fundamental rights as the policy maker enjoys a functional immunity and a jurisdictional privilege that make him an unusual litigant. The third one shows the impact of the use -often disproportionate- of public interest by the judge and the lawmaker on policy makers’ fundamental rights. Thus, it reveals the opportunity to reconsider some aspects of the legal system to promote a more adapted protection of policy makers’ fundamental rights through the development of objective criteria of assessment and the exercise of a proportionality test able to both protect the political function and preserve the fundamental rights of its holder
Bessadi, Didier. "Les droits politiques et sociaux de l'étranger depuis 1945." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1072.
Повний текст джерелаThe foreigner has always had a special status in France. Under the Old Regime, he is subject to different regulations, until the French Revolution which, despite having a wind driven implementation of many innovative ideas and the creation of important rights does not allow him to be considered as a citizen yet. He doesn't cease to be the subject of exclusion, at both social and political levels. This situation has been perpetuated under the Third Republic before being widened under the Vichy regime. After the World War, the Preamble of the 27 October 1946's Constitution dedicates new economic and social constitutional rights. Yet, except paragraph 4 of the Preamble on the political asylum, no article specifically targets the foreigner. If political rights are actually denied to him, it is the same for social rights, because of the economic and financial consequences. It is, for example, the right to social protection that has become effective after its statement, which caused some difficulties. Moreover, it is the adoption of the Maastricht Treaty in 1992 that gives other status to the foreigner, with the emergence of the concept of European citizenship. This new status gives EU citizens the right to vote and stand in some elections. Thus, a main problem emerges from the subject. The question is how a historically disputed right was finally declared. This therefore raises the question of whether, in the same way, human rights now denied, as the foreigners' local voting rights, may one day be affirmed
Lécuyer, Yannick. "Les droits politiques dans la jurisprudence de la Cour européenne des droits de l'homme /." Paris : Dalloz : [Sénat], 2009. http://catalogue.bnf.fr/ark:/12148/cb41496438d.
Повний текст джерелаCaviezel, Ivo. "Die Volksinitiative im allgemeinen und unter besonderer Berücksichtigung des Kantons Graubünden /." Freiburg : Universitätsverlag [für den] Institut für Föderalismus Freiburg Schweiz, 1990. http://catalogue.bnf.fr/ark:/12148/cb366798738.
Повний текст джерелаLécuyer, Yannick. "Les droits politiques dans la jurisprudence de la Cour européenne des droits de l'homme." La Rochelle, 2007. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D7982%26nu%3D25%26selfsize%3D1.
Повний текст джерелаPolitical rights are rights which cultivate duality : duality between subjectivity and objectivity, duality between individual and collective rights. These totally ambivalent rights significantly influence the type of political regime and henceforth the global protection of human rights. Missing in the text signed at Rome in 1950, the right to free elections made a noteworthy appearance in the European judicial order concerning the Protection of Human Rights and Fundamental Freedoms with the passing of the first additional protocol, article 3, in 1952. On the basis of this original provision linked to the rights of political nature – freedom of opinion and expression, freedom of peaceful assembly and association with others – the European judge of human rights has progressively built a real political and democratic order which is distinct from the European public order. This part of the litigation thus confronts the democratic and constitutional political issues to an order which is justified by the protection of human rights and the preeminence of law. As the European Court of Human Rights is the main cog of a daring mecanism of supranational control over the enforcement of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Court’s caselaw now carries a vast project of change and transformation of the national political orders. It has created a real European political model which has enabled Article 3 of Protocol n°1 to produce unsuspected effects in its origin, if this article is set within the prospect of the other provisions of the Convention and the rights of political nature
Bouziri, Nejib. "La protection des droits civils et politiques par l'ONU : l'oeuvre du Comité des droits de l'homme /." Paris ; Budapest ; Torino : l'Harmattan, 2003. http://catalogue.bnf.fr/ark:/12148/cb39003000b.
Повний текст джерелаEn appendice, la liste des membres anciens et actuels du Comité des droits de l'homme. Bibliogr. p. 581-592.
Saint-James, Virginie. "La conciliation des droits de l'homme et des libertés en droit public français /." Paris : Presses universitaires de France, 1995. http://catalogue.bnf.fr/ark:/12148/cb36687003m.
Повний текст джерелаPagnac, Romain. "Droits sociaux et dynamiques d’activation des politiques sociales en Europe." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40061/document.
Повний текст джерелаThe influence of the theme of activating "passive" social expenditure has been evidenced over the last few years and especially in Europe. This political discourse has filtered into the national systems and has spread to legislation, leading to new links between the logic of classic social protection (compensatory technique or social assistance claimants) and employment (employment law). These active policies are based on traditional socio-democratic nordic models and the anglo-american model. The European Union has adopted the activation concept and given it central place in its employment strategy and through the Open Method of Coordination for social protection. This strategy has had an impact on the national systems. This impact may be measured in Beveridgian systems as well as in Bismarckian systems, that shows the different aspects of activation depending on the Member States but with a more distinct difference depending on a more liberal or universalist approach. The recent transformations in the French system (unemployment insurance benefits or social assistance schemes) based on the conditionality of social protection, have led to significant changes to social protection which raises the issue of the underlying legal logic of these changes and a critical analysis of the extent of such a renewal of the social contract
Duarte, Bernadette. "Les restrictions aux droits de l'homme garantis par le Pacte international relatif aux droits civils et politiques et les Conventions américaine et européenne des droits de l'homme." Lille 2, 2005. http://www.theses.fr/2005LIL20009.
Повний текст джерелаThe International Covenant on Civil and Political Rights and the American and European Conventions on Human Rights authorize " restrictions ", " limitations " or even " penalties ", or recognize a right " under the conditions as prescribed by law ". The competent international control bodies confirme this possibility for states to undermine the effective exercise of certain human rights. The search of the foundation of this power of restriction and the cases under which it is recognized and admitted allow us to demonstrate the protector aspect of this power for the concerned rights and freedoms. This kind of interference constitutes a unitary conception, meets with an autonomous definition and implies a legal regime tending to standardization. The intensity of the international control of the lawful requirements differs from one to another, but we are never facing a situation allowing to give States free hand (carte blanche), even when a margin of appreciation is recognized to them
St-Laurent, Geneviève. "Le droit de vote limité par la condamnation pénale ou la quête d'un équilibre entre droit fonctionnel et droit individuel." Doctoral thesis, Université Laval, 2015. http://hdl.handle.net/20.500.11794/26461.
Повний текст джерелаWhile the fundamental and universal nature of a citizen’s right to participate in the electoral process through voting is no longer disputed in democracies, the degree of morality required for electoral capacity is still up for debate. Indeed, in many countries, felons are thought unworthy of participation in the democratic process and are thus systematically disenfranchised. However, the Constitutional Court of South Africa, the Supreme Court of Canada and the European Court of Human Rights have all, in recent years, invalidated legislation that provided for general and automatic disqualification of convicted felons. A comparative analysis of these rulings, paired with a study of historical evolution of the right to vote, reveals that what was once designed as a functional right, one primarily aimed at protecting democracy as an institution, is now perceived strictly as an individual right attached to one’s personal dignity. The shift from a right focused on its “subject” rather than its “object” has had unexpected consequences. The sanctification of the individual’s right has not only encroached on the government’s ability to limit the franchise, it has also undermined the collective values that are, as much as is the individual right to participate in the election, at the heart of democracy. This thesis proposes a number of solutions to the current imbalance between the two aspects of the right to vote, all aimed at preserving the individual dignity tied to the right to cast a ballot but also at promoting the electoral function, crucial to the integrity of the democratic process.
Aghajanloo, Mahdi. "La mondialisation des politiques des droits de l'homme : une comparaison France-Canada-Turquie." Thesis, Paris 10, 2020. http://www.theses.fr/2020PA100112.
Повний текст джерелаIndivisibility and interdependence of human rights have been indicated in all international documents. Any divergence and classification can endanger their execution and globalization by limiting certain dimensions of the fundamental rights and freedoms. This convergence is tested by comparing the level of social religiosity and intangible rights using a legal and practical basis for the convergence between civil and political rights. Still, considering a brief history of the enactment of two international Covenants, it seems that divergence is an inevitable outcome of ideological and political differences. We can investigate the conditions of this divergence and the different positive nature of socio-economic rights by studying labor rights.Considering a commitment at a national level might lead to divergence and unfulfilled rights because of the non-obligatory nature of these international commitments and the positive nature of socio-economic rights. Therefore, it only brings to mind the principle of a half-binding non-discriminatory commitment regarding the socio-economic rights. Extending the scope of this principle beyond the national borders can guarantee the indivisibility of fundamental rights. However, the vague nature of socio-economic rights and restrictions, such as the reciprocity principle, emphasize on an objective need to establish the binding international commitments. This can be investigated with studying the pandemic health crisis caused by the spread of coronavirus worldwide.By comparing the religious freedom, labor and health rights, we find out that the binding commitments have been considered regarding negative rights at international levels. However, there must be an objective need to persuade the governments to consider similar measures and obligations with respect to socio-economic rights. In fact, the level of international obligations of the governments depends on the type and level of this objective need
Dermine, Elise. "Le droit au travail et les politiques d'activation des personnes sans emploi: Une étude critique de l'action du droit international des droits humains dans la recomposition des politiques sociales nationales." Doctoral thesis, Université catholique de Louvain, Louvain-la-Neuve, 2015. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/239228.
Повний текст джерелаinfo:eu-repo/semantics/nonPublished
Summerfield, Gabriéle. "Le concept de persécution dans le cadre de la Convention relative au statut des réfugiés, et son interprétation par les jurisprudences internes." Montpellier 1, 1990. http://www.theses.fr/1990MON10011.
Повний текст джерелаAndré, Louis. "Le coût des libertés et des droits." Paris 8, 1995. http://www.theses.fr/1995PA080988.
Повний текст джерелаAt present time, states and international organisations vote laws and sign conventions aimed at the defense of liberties and of human rights. Alt these texts are only formalities. One should analyse what results of them in everyday life. Strating with the study of actual cases and representative examples, it has been established that these liberties and these rights are not automatically gained for everyone. Indeed numerous privileges deviate their application and create prohibitive powers to a minority of citizens who already possess the most important financial tools. Allthese liberties and rights have a price, and, therefore, generate a more or less important financial cost. Consequently liberties and rights are proportional to the financial possibilities of each individual. According to this restraint, nimerous are those who are excluded from all liberties and all rigths, since the more money you possess, the more "free" you are
Martin-Chenut, Kathia. "Les politiques criminelles française et brésilienne applicables aux mineurs délinquants : l'interaction avec le droit international des droits de l'homme." Paris 1, 2002. http://www.theses.fr/2002PA010323.
Повний текст джерелаBouziri, Nejib. "Le pacte international des droits civils et politiques et son application par les Etats-parties." Paris 2, 1994. http://www.theses.fr/1994PA020144.
Повний текст джерелаThis thesis tries to prove that despite the excessive lengthiness of elaboration of the international covenant of civil and political rights and its implementation, despite also the persisting reserves demonstrated by several states towards the itnernationalization of human rights, the covenant has become a reality in the legal life of about hundredthirty state-parties. The optional protocal to the covenant had the same difficult way. It allows to individual subject to state-party to its juridiction, who claim to be victims of a violation by the state party of any of the rights set forth in the covenant to submit communications to the human right committee without prejudice to respect some conditions. By its continious control, its directives, its "final observations" to each state party and its "general observations" to all state-parties, the committee, however has efficiently help state parties to fulfill their obligations as due in the covenant by discribing the measures of implementation. Last, though the optional protocol, the human right committee has received almost six hundred communications and pointed almost hundred eighty "views" of violations of covenant. The important and remarkable case-law of the committee has given to it consideration of the state-parties, the united nations and the doctrine. At the end of this thesis, we present two proposals which might serve to prevent and eventual crisis of the human right committee. The first one in case of lack of financial and human means; the second to try to reduce the proliferation of international organs dealing with human rights
Niasse, Cheikh Baye. "Le processus de libéralisation de la vie politique au Sénégal : recherches sur les conséquences juridiques et politiques du retour au pluralisme politique intégral." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32042.
Повний текст джерелаThe study of Senegalese political life’s liberalization through the analysis of legal and political consequences of a comeback to multiparty democracy looks like a hard if not an impossible task. Within the large movement of democratization that affected Francophone WestAfrica during the 1990’s in the socalled period of ‘democratic transition’, the Senegalese constitution maker took part in this movement, even though Senegal started earlier with multiparty democracy in 1974 through the acceptance of the first opposition party. The Senegalese democracy has been regarded as a model by foreign observers and, due to the scarcity of such examples on the African continent, it has been common to consider it as such. Accordingly, this status has been acknowledged by most of the studies dedicated to its analysis. Nevertheless, democratic claims have grown increasingly during the past few years. The current research can be regarded as a test on the real gap between the positive external evaluation and the existing internal democratic reality. The reinforcement and the deepening of political organization rules, the guarantee of independence regarding organs in charge of monitoring and supervising electoral processes, the redefinition of relationships between politics and finance on one hand, and between politics and religion on the other hand, the respect for an effective and concrete enforcement of rights and political freedoms are, according to this study, the new challenges that the Senegalese democracy will have to face to improve in future
Foulquier, Norbert Moderne Franck. "Les droits publics subjectifs des administrés : émergence d'un concept en droit administratif français du XIXe au XXe siècle /." Paris : Dalloz, 2003. http://catalogue.bnf.fr/ark:/12148/cb38986836b.
Повний текст джерелаKoutsouraki, Eleni. "Les droits des demandeurs d'asile dans l'Union européenne et leur condition en droit comparé (France, Grèce)." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020009.
Повний текст джерелаThe crisis of asylum law within the European Union is currently the subject of recurring concerns. In addition to that, people who seek protection in the "area of freedom, security and justice" of the European Union, face another crisis, that of the right to asylum. Following this observation, it seems relevant to consider the rights of asylum seekers under the Common European Asylum System (CEAS). More specifically, we study the effectiveness of rights before the obstacles of access to the European Union and its Member States’ asylum procedures, the rights related to the procedure for examining asylum applications and the rights accorded during this examination. The protection of these rights, in addition to the traditional problem of the implementation of international commitments at national level, was faced with a new regional system as well as an ambiguous harmonization. Through the study of human rights, this research aims to demonstrate the causes of the crisis, to propose possible solutions oriented to the respect of international law and contribute to the improvement of the status of asylum seekers in the European space. To this end, our approach is also comparative because the examination of two concrete examples is useful for analysis, reflection and finally evaluation of the CEAS, which began to distribute the burden in the European Union by the Dublin mechanism before the examination procedures and reception conditions in the member states have been harmonized. A comparative law analysis between two member states, France and Greece, it seems to be necessary in order to demonstrate the current challenges of European harmonization on asylum and illuminate the challenges of rights’ protection.Keywords :
Vinant, Aurore. "Droit et politiques publiques de la danse." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0146/document.
Повний текст джерелаWhereas dancing is part art and sport, it’s assimilated to two types of art, music and theatre, by the law and the public policies. If they share similarities and issues, dancing presents its own specificities and the professionals have to face difficulties that can’t be resolved, because of lack of proper status. Public politicies are beyond the law on these issues. Indeed, dancing has alaready many supports from the politics whose interest for this practice grows : proper aids, support to theaters and auditoriums to represent dancing’s shows, devloppement of a choregraphic’s culture, etc. On one hand, the law, for the moment, only deals with the teaching and the training of the professionnals. On the other hand, choregraphs’s and dancer’s copyrights are still the same as all the others authors or artits, whereas modern choregraphic creation doesn’t still separate the two functions. The same goes to social protection of choregraphic artists which exists, but it’s not adaptated to the physical dimension of the dancing’s jobs. To the opposite, dancing seems to deny work’s laws. Indeed, we can notice a lot of precariousness and hidden work in this sector. So, it’s time for law and public policies to interest more to dancing and conversely
Montalivet, Pierre de. "Les objectifs de valeur constitutionnelle." Paris 2, 2004. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247175697.
Повний текст джерелаThe objectives of constitutional value determined by the French Constitutional Council do not form a body devoid of similarity. This similarity manifests itself through their ambiguous determination and their limited normativity, but moreover in their nature of objectives and their character of conditions of the effectiveness of constitutional rights and liberties. Firstly, these last two elements explain the ambiguity of their determination. Indeed, although the category of " objectives " is created, each objective is related to a text because it guarantees the effectiveness of constitutionally protected rights. They also explain the uncertainty of their content, notably the open character of their list and their imprecise signification. Secondly, the same elements justify the limited normativity of the objectives. This normativity, that manifests itself by their normative functions of interdiction, of obligation and of permission, is indeed explained by the necessity to guarantee the effectiveness of constitutional rights and liberties. However, because they are only objectives and not rights and liberties, the objectives have a limited normative force, as demonstrated by their indirect applicability, their character of obligations of means and their overall diminished protection. The objectives of constitutional value consist ultimately of teleological constitutional norms, objectively guarantying the effectiveness of constitutional rights and liberties. Thus, contrary to current thinking, their similarity resides more in the protection than in the limitation of fundamental rights
Amellou, Akila. "Le statut des mineurs étrangers isolés : les droits de l'enfant à l'épreuve des politiques migratoires." Paris 10, 2010. http://www.theses.fr/2010PA100010.
Повний текст джерелаSince the end of the 90’s the arrival of isolated foreign minors in France (children without any legal representative) has been a phenomenon which tends to strengthen and which destabilizes the french authorities. Children are facing serious risks of economic and sexual exploitation, their presence seriously questions their protection: if the french laws are relatively detailed, are they really effective ? In other words, does the notion of ‘danger’, which is mentioned in article 375 of the Civil Code, or at least the way it is interpreted, guarantee real protection against exploitation and abuse ? This study aims at showing that they are more often regarded as aliens than considered as children who are in danger. Indeed, for some years the government has expressed its will to control the flow of migrants and it lead the government to favor its security policies to the detriment of the laws protecting children rights (notably, the law concerning the higher interest of children that is specified in the 3rd article of the International Convention of Children Rights). In spite of the extent of the resources meant to take care of the isolated foreign minors, we must admit that this issue highlights numerous gaps : if they reveal the ineffectiveness of the current solutions, these gaps especially reflect an inadequate consideration of children rights
Pecheny, Mario. "La construction de l'avortement et du sida en tant que questions politiques : le cas de l'argentine." Paris 3, 2000. http://www.theses.fr/2000PA030044.
Повний текст джерелаMercier, Olivier. "La mobilisation de la violence à des fins politiques : la crise zimbabwéenne au regard du droit international des droits humains (2008-2013)." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/31528.
Повний текст джерелаIn power from 1980 to 2017, Zimbabwean President Robert Mugabe not only personally pushed the limits of political longevity, but the political regime he presided over for nearly 38 years also defied preconceived ideas about political survival by maintaining a certain level of international legitimacy, despite massive and well-documented human rights violations. Indeed, despite a catastrophic human rights record from the perspective of international human rights law, since the 2000s, the Mugabe regime was able to position itself as a bulwark against imperialism and neo-colonialism on the African continent with renewed ideological legitimacy. This renewed ideological legitimacy has been skilfully used against political opponents who were accused of serving external imperialist forces, in order to trivialize or even justify the human rights abuses committed against them; in particular abuses of civil and political rights, presented as being "non-African". By focusing on the large-scale mobilization of violence for political purposes in the 2008 election year and in the four subsequent years in Zimbabwe, this master's thesis focuses on the paradox of the legitimacy that allowed the Mugabe regime to remain in place despite massive and well-documented violations of human rights that are protected by international law. While the scale of the violence was at the origin of the establishment of a government of national unity with the opposition, the result benefited the Mugabe regime by allowing it to govern without genuinely sharing power. Indeed, criticism of his treatment of civil and political rights has accredited his stature as a victim of imperialist vilification to certain regional actors, thereby weakening the opposition's balance of power within the powersharing deal.
Tonoukouin, Pierre. "Les organismes francais de determination du statut de regugie politique et l'article 1a20 de la convention de geneve du 28 juillet 1952 sur le statut de regugie." Paris 5, 1998. http://www.theses.fr/1998PA05D019.
Повний текст джерелаThe article 1a20 is the foundation of the definition of the status of political refugees. In addition to classical types of refugees there can be found new groups of them; especially those fleeing from armed conflicts, systematic and glaring violations of human rights, interethnic disorders, economic oppression, etc. All the problems faced by those new refugees could be solved by a dynamic interpretation of the article 1a20. In this regard we recommand an interpretation that lies in: - setting an average threshold of gravity, from which could be proven persecution as defined by the convention -considering all the other elements of the definition-, in order to protect people whose situation is most perilous. - refering to international statute law about human rights, international criminal law, international humanitarian law and any other relevant international law. The regional evolution should be taken into consideration when it can be used as a model of legislation on a worldwide scale, as for the convention of refugees of u. A. O. To illustrate the common practice of states, we will study the french and german practices in regard to the article 1a20
Turp, Daniel. "La mise en oeuvre du pacte international relatif aux droits civils et politiques à la lumière de l'expérience du Canada et du Québec." Paris 2, 1990. http://www.theses.fr/1990PA020063.
Повний текст джерелаThis thesis intends to demonstrate the influence of the control mechanisms of the international covenant on civil and politicals rights on the domestic implementation of this covenant in canada and quebec. The first part of the thesis includes an examination of the domestic implementation of the civil rights covenant. It outlines the lack of conformity of canadian and quebec legislation and in particular of their charters on rights and freedoms with the civil rights covenant. It highlights the growing use of the covenant by domestic courts for the purpose of interpreting and applying human rights legislation. This examination leads to the conclusions that canada and quebec's implementation of the covenant is imperfect. The second part of the thesis offers a study of the cooperation between canada, quebec and the human rights committee. It attempts to evaluate their compliance with the provisions of the covenant following the examination of reports and complaints by the committee. This cooperation and the ensuing corrective measures adopted by canada and quebec tend to prove the effectiveness of the control mechanisms of the covenant and to show an improvement in its domestic implementation by canada and quebec
Rbii, Hamid. "Environnement international et protection des droits de l'homme au Maroc : essai sur l'édification d'un État de droit (1990-1996)." Toulouse 1, 1997. http://www.theses.fr/1997TOU10070.
Повний текст джерелаThe aim of this study is the human rights situation in morocco. Indeed, in the 1990th a deep change and substantial improvement in human rights protection have been recorded in this country. This reality can be explained by two important factors. The first one is the international context post second world war, which became more favourable to individual freedom's and right's. The international law and relationships between states base oneself on reciprocal respect of the human rights. The important actors: United States, European Union, France and Amnesty International have played a great part. The second one is the national context which was ready to receive international environment's pressures and to give effect. The monarchy's will and ngo's implacable role have run onto considerable normative recasting. Two constitutional reviews, the family's right reform, penal procedure amendment, the ratification of several international agreements in human rights matter are the signs of this improvement. The establishment of the right's state has been accompanied by putting into place of several organizations: human rights office, CCDH, CNJA, Constitutional Council, administrative courts. Our approach doesn't limit oneself on the analysis of texts but confront the daily (everyday’s) reality
Parizot, Cédric. "Le mois de la bienvenue : Réappropriations des mécanismes électoraux et réajustements de rapports de pouvoir chez les Bédouins du Néguev, Israe͏̈l." Paris, EHESS, 2001. https://hal.archives-ouvertes.fr/tel-01539480.
Повний текст джерелаMoine, André. "L'émergence d'un principe d'élections libres en droit international public." Nancy 2, 1998. http://www.theses.fr/1998NAN20005.
Повний текст джерелаThe appearance to the demand for free elections in the international scene is bound to favorable circumstances: both the + decommunization; ant the weakness of some states allowed and justified this + proposition; Today, free elections form the subject - from the whole international actors - of conventions or resolutions representing real commitments or declarations of intentions, at local and universal level. Then, different pressures conditioning the diplomatic, or economic relationship, add further to the organization of free elections. At last, the states and diverse international organizations (among which is the UN) take part in giving concrete expression to this current free elections requirement. Does this report lead to the acknowledgment of any usual international law standard? Needing to organize free elections may find a double juridical foundation in the human right to political participation and in the self-determination of nations. Today, it's translated by an autonomous obligation of the state to hold free elections whose observance became international (thus establishing an international electoral law). Such a rule traditionally belongs to the strict state ; in the international juridical order its recognition clashes with the principles of non-interference in the internal affairs of the state and of constitutional autonomy. Moreover, as a norm which has an indirect state control impact, it meets some troubles in its application in the international order because its acceptation and adoption (as juridical as political) appear delicate. The weaknesses of the international juridical order and the adaptation of the model concerned, harm the mandatory character and the integration of this free elections principle. However, the obligation for the states to hold free elections despite of the fleeting demand and the tribulations political realities arose, trudge along the rank of norm of the usual international law, but its general character still clashes with the disparity - even more and more decreasing - of political systems
Javid, Mohammad Javad. "Droit naturel et droit divin comme fondements de la légitimité politique : une étude comparative du christianisme et de l'islam." Toulouse 1, 2005. http://publications.univ-tlse1.fr/699/.
Повний текст джерелаThe political legitimacy is a concept which was the subject of several disciplines, but in spite of comprehensive political literature, even within the modern society, it has noted seriously neither the natural right theory nor the divine right one yet. This research is aimed at highlighting this argued and ignored study in philosophy of the right. Three successive parts of this research is devoted to the identification and construction, destruction and rebuilding of the political relation between the natural right and the divine right. The first part, even by study of the divergences in the philosophical explanation of the natural right, justifies their unanimity. This philosophical approach also makes it possible to define the object of study by presenting a juridical-political structure which at first sight was deprived. The second part is devoted to the theological appearance of the natural right and its dissociation with the divine right as well within the political doctrines as juridical interpretations. The acceptance of such an explanation leads to the exploratory study of their method within the doctrines of the divine right which aims at a prospect for reconciliation between the two rights in Christianity and in Islam which for the moment know themselves only little. The approach of the third part is humanistic and especially relates to the rebuilding of this relation starting from a modern rational study and through the study of the human right. The latter research orientation makes it possible to observe the conditions of the legitimate political authority and the modes of attribution of the natural rights, in particular by the means of a return reading of the traditional natural right and traditional divine right; it leads thus to the recognition of the natural political rights which confirms that there is only one system of single legitimacy: which passes through the natural right way
Volpe, Stella. "Quels droits politiques pour les non-citoyens ? : genèse de l'expérience de représentation à Rome, 2000-2008." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1009.
Повний текст джерелаThis research is about a representative system, which was implemented in Rome at the local level in 2004, to involve not European citizens living in the Italian Capital in decision making process. This representative system is composed of two different forms of representation : firstly, four "Added (town) Councillors", who are periodically elected into the Rome municipal Council by not European citizens living in Rome; secondly, the "City Consulta representing foreign communities", which is also periodically elected simultaneously with the four "Added (town) Councillors" by not European citizens living in Rome. By performing a comparative analysis of the two forms of representation this bicephalous representative system is composed of, we will be able to test our main hypotheses. The first one is that these two forms of representation are conceived and implemented according to two very different, contrasting, antithetic logics, which are opposed to one another, if not incompatible. Therefore, it requires us to call into question a priori assumptions about the compatibility of these two forms of representation. The second one is that, in some regards, this representative system is somewhat of a readjustment of the initial forms of political participation through elected representatives under the present circumstances, for the reason that its underlying principles are partially in contrast to today's top trending characteristics of contemporary Western democracies, but similar to nascent modern democracies' characteristics. Therefore, it requires us to call into question a priori assumptions that this representative system is absolutely innovative, or even a real novelty
Laje, Maria Inès. "Politiques sociales et accès aux droits : les jeunes en institutions correctionnelles dans la Province de Córdoba." Paris 8, 2005. http://www.theses.fr/2005PA082489.
Повний текст джерелаThe topic of this research concerns the situation, the attitudes and the behavior of Cordoba young offenders during their detention inside Secure Centres (Institutions Correctionnelles - IC) during the 1989-1999 period. The research problematics involves the analysis of the production and/or reproduction procedures inside the Secure Centres (IC) of the institutional rules and ressources, of symbols and attitudes which configure the prevailing cultural forms in which the action of the young offenders is taking place. The comprehensive-interpretative viewpoint which is adopted prioritize agents' talk : adults and young people. The presentation of this work is organised in two parts: the context, laws, policies and government interventions analysis ; the everyday life in the IC : admissions and exit ; role and objectives of the Institutions ; agents' talk
Svensson-McCarthy, Anna-Lena. "The international law of human rights and states of exception : with special reference to the "Travaux préparatoires" and case-law of the international monitoring organs /." The Hague ; Boston (Mass.) ; London : M. Nijhoff, 1998. http://catalogue.bnf.fr/ark:/12148/cb37673121s.
Повний текст джерелаKaramaguioli, Vassiliki. "Droits de l’homme, Internet, et processus politiques participatifs : réinventer une relation à l’ère du numérique au profit des citoyens." Thesis, Paris 8, 2014. http://www.theses.fr/2014PA080062.
Повний текст джерелаThis thesis examines the implications of the use of the Internet in the political process and discusses the degree to which the Internet is a suitable space for the articulation of citizen democracy. The issues to be addressed are: Is the use of the Internet the appropriate mean to maintain a balance between the communicative power and modern democracies functioning? Does its usage risk of harm democracy and which the interrelation between the flourishing of human rights and the way Governments all around the world define the citizens -policy makers relation
Le, Cour Grandmaison Olivier. "Les citoyennetés en révolution : 1789-1794." Paris 1, 1991. http://www.theses.fr/1991PA010253.
Повний текст джерелаCitizenships in revolution. The aim of these research is to study how the first and second "constituants" thought citizenship during the French revolution. After having declared all men free and equal in rights, the revolutionaries of 1789 erected a restricted suffrage excluding many people from political rights. What are the origins of these restrictions? Who are the excluded people and why are they left out? What are the privileges of the political action? These are the questions we studied up to the rise of the "republique" and the abolition of the restricted suffrage. Two ways of thinking confront each others: Condorcet tends to establish citizenship on human rights and the jacobins want to establish citizenship on the idea of vertue and will slowly destroy it during the "terror". Finally the revolution is confronted to minorities: negro people, jews, women. The problem concern the contact to other peoples of which the ethnic, cultural, religious ans sexual differences are thought as many obstacles to their integration to the political community. The aim of this study has been to reconstituate these debates, study their stakes and the citizen's birth. It also helps to understand the revolutionnary process and its limits to establish real democratic life
McGoldrick, Dominic. "Human Rights Committee : its role in the development of the international covenant on civil and political rights /." Oxford : Clarendon press, 1994. http://catalogue.bnf.fr/ark:/12148/cb373129241.
Повний текст джерелаSlama, Serge. "Le privilège du national : étude historique de la condition civique des étrangers en France." Paris 10, 2003. http://www.theses.fr/2003PA100130.
Повний текст джерелаDuring the XIX and at the beginning of XX, foreigners, and then recently naturalized, are excluded from all political rights and public functions. This exclusion stems from the coupling of two models of access to public attributes : firstly, the "national" model of Ancient régime, giving preeminence to the subordination of the titulars of charges to the Sovereign and extending the incapacity for foreigners within the employment sphere well beyond the administration ; secondly, the revolutionary model that strictly ties the exercize of those rights to the quality of citizen. However, in an universalist perspective, this link did not initially imply the exclusion of foreigners. It is only from 1793 on that the link between citizenship and nationality tightens. The civic attributes become the priviledge of national. Together with the universalizing of rights since 1946 and with the European construction, one sees a résurgence and a mutation of this "civic" model
Abbas, Kamel. "La genetique humaine au miroir du droit." Lille 2, 2000. http://www.theses.fr/2000LIL20033.
Повний текст джерелаMadanchi, Shahzad. "Diversité des langues et politiques linguistiques en Iran." Thesis, Le Mans, 2015. http://www.theses.fr/2015LEMA3004.
Повний текст джерелаContemporary Iran has a population of 78 million inhabitants who speak a variety of languages; its official and majority language Persian co-exists with many languages which are more or less used in different situations and count a variable number of speakers. The linguistic diversity of the country is the bedrock of the cultural identity and of the various traditions of the speakers of these many languages; it has made it necessary to define a linguistic policy to define both the role and thepromotion of the official language and the rights of all linguistic minorities. This dissertation is based upon an ethno-sociolinguistic methodology and focuses on the case of Iran, notably on Iranian languages, cultural identity, the status of linguistic minorities. It resorts to the various theories and scholarly interpretations of linguistic politics to analyze and question this context within the frame of linguistic planning and the decision making process of officials who developlinguistic policies in Iran. Thus our study is based upon the three stages of linguistic planning, that is the definition of the corpus, status and acquisition, it aims at highlighting the significance of the work of the Persian Language andLiterature Academy in the planning of linguistic interventions in the country. Il also highlights the sociolinguistic status of minorities in Iran thanks to fieldwork surveys. The analysis of the policies that have been implemented as well asthe results of surveys point out that the measures or their implementations are insufficient. This has therefore led to some linguistic demands connected with the geopolitical situation of the country
Blero, Bernard. "Du droit objectif aux droits politiques des administrés: essai sur la répartition des compétences entre le juge judiciaire et le juge de l'excès de pouvoir." Doctoral thesis, Universite Libre de Bruxelles, 1998. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212095.
Повний текст джерелаHeydt, Jean-Marie Mougniotte Alain. "Education et citoyenneté en Europe deux composantes pour une démocratie vivante /." Lyon : Université Lumière Lyon 2, 2002. http://demeter.univ-lyon2.fr:8080/sdx/theses/lyon2/2002/heydt_jm.
Повний текст джерелаBenichou, Patrick. "L'Influence du concept de race en politique." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb375959013.
Повний текст джерелаMutzenberg, Patrick. "Les observations finales du Comité des droits de l'homme adoptées au titre de l'article 40 du PIDCP." Grenoble, 2010. http://www.theses.fr/2010GREND004.
Повний текст джерелаThe main objective of the research is to analyze the way the Human Rights Committee interpreted its prerogatives under the article 40 of the International Convenant on Civil and Political Rights (ICCPR). The research analyze how the Committee developed its methods of work with regards to the review of the Reports of the State Parties and the adoption of the Concluding Observations. Although the Concluding Observations are not binding, they are taken into account very seriously by the State Parties. Recently the Human Rights Committee developed several initiatives with regard to the a follow-up of the Concluding Observations, including the specific follow-up procedure to monitor the steps taken by the authorities to implement the Concluding Observations. This procedure requests to the State Party to provide the Human Rights Committee with updated information on four recommendations selected for this procedure. This research reviews not only the responses received by the Committee but also assesses the work done by the Follow-up Rapporteur in this regard. The research also takes into account the work done by the other stakeholders, including the United Nations Human Rights Council and other non State actors such as the National Human Rights Institutions (NHRI) and the Civil Society Organizations
Smires, Yasmine. "Politiques publiques et participation citoyenne des femmes aux radios communautaires au Sénégal : impacts sur les droits économiques et civils." Thesis, Université Laval, 2009. http://www.theses.ulaval.ca/2009/26261/26261.pdf.
Повний текст джерелаRadio has been a really important communication medium for African countries. The democratization experienced by the African countries helped to liberalize the media landscape. Furthermore, this liberalization helped the development of a specific kind of radio, community radios, that have ability of giving a voice to the voiceless. Beside the insufficient integration of women in the community radios, this study shows that this new communication tool has a relative importance on women’s economic and civil rights. The study shows what these impacts are, as well as their limits, and the place of governmental and non-governmental institutions in the development of this medium.
Abeghe, Minto'o Joëlle. "Les droits de la femme en Afrique centrale." Paris 1, 1998. http://www.theses.fr/1998PA010312.
Повний текст джерелаWomen's rights in Gabon, the Congo, the republic of centraafrica and Tchad as they appear nowadays from an international point of view, originate from human right lawmaking in 1789 and in 1948 ; they stemmed from main declarations on human rights. These texts didn't take women into consideration adequately, so they were strengthend by specifical conventions. Examples to be cited are : the convention on political rights in 1952, the convention on the nationality of married women in 1957 and the convention on the elimination of any kind of discrimination regarding women in 1979. Although encouraged by onu projects in favour of women, women's rights achievements are very slow in internal lawmaking, and particularly in it's effects. The different constitutions after the independance have established equality of rights but in practice matters turn out differently. Family rights, labour rights and penal rights are discriminating issues against which women still need to struggle. But women suffer from important handicaps : analfabetism, customs, family responsabilities. Law should be considered as a support for women, not as a shortcoming and neither as the establishment of secular habits in favour of one sexe. In our undertaking we shall lay the foundation of a franc debate on the situation of women in our countries. We shall do this in order to bring up suggestions for possible reconsideration of positive lawmaking applied to women, for a fairer conception of law. How to attain this objective ? Possible solutions can be found in the conclusion of our thesis
Longtin, David. "Imaginaires politiques, luttes de sens et subjectivation politique : une analyse des discours sur la violence dans les conflits socio-environnementaux au Honduras (1975-2017)." Thesis, Université d'Ottawa / University of Ottawa, 2021. http://hdl.handle.net/10393/42144.
Повний текст джерелаBoudreau, François, and François-Xavier Ribordy. "Opération Rainbow: saga judiciaire sur fond de pluralisme juridique." Presses de l'Université Laurentienne, Sudbury, Ontario, 1999. https://zone.biblio.laurentian.ca/dspace/handle/10219/169.
Повний текст джерелаTahir, Nadia. "Les associations de victimes de la dictature : politiques de droits de l’homme et devoir de mémoire en Argentine (1976-2007)." Thesis, Paris 4, 2011. http://www.theses.fr/2011PA040270.
Повний текст джерелаFamiliares de desaparecidos y detenidos por razones políticas, the Mothers of the Plaza de Mayo Línea Fundadora, the Mothers of the Plaza de Mayo Association, the Grandmothers of the Plaza de Mayo, the Association of former detained-disappeared (AEDD), H.I.J.O.S and Herman@s are seven associations of victims from the last dictatorship in Argentina. These groups of families of detained-disappeared were born during and after the dictatorship (1976-1983), except for the AEDD, a group of past-detained and disappeared people. The purpose of our study is to analyze the evolution of these associations’ discourse since they were born until 2007, President Néstor Kirchner's end of term. It first raises the question of how these discourses were influenced by the state policies established after the dictatorship regarding the dictatorial past. Besides, this analysis has allowed us to go back over the dynamics created among these associations, and especially to understand how they can be seen as a whole. The study of the word and expressions « victim », « duty of memory » and « human rights » will eventually enable to understand the importance of their links within Argentina