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Dissertations / Theses on the topic 'Access to rights'
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1
Sithole, Mabel D. "Child refugee rights in Cape Town: the right to access education." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/11454.
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Child refugee rights are a pertinent issue in the Republic of South Africa. South Africa's progressive Constitution (1996) stipulates the right of all children to access education without discrimination. This research project used a rights based approach to education research to identify some of the factors that promote or hinder child refugee access to education. I used qualitative case study methodology to collect data from Cape Town, South Africa.
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Bishop, Sandra Kay. "Access rights for intelligent data objects." Thesis, Kansas State University, 1986. http://hdl.handle.net/2097/9901.
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Worm, Stefan. "Administration of Access Rights in Web Applications." Thesis, Universitätsbibliothek Chemnitz, 2005. http://nbn-resolving.de/urn:nbn:de:swb:ch1-200501436.
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This work deals with the problem to find and rate a solution how to administrate access rights in web based applications that are flexible and offer a fine-grained allocation of rights. In particular the program phpGACL is analyzed and integrated into an example application to prove the feasibility of this system in principleDiese Arbeit beschäftigt sich mit der Lösungsfindung und -bewertung des Problems, Zugriffsrechte webbasierter Anwendungen flexibel zu administrieren und eine möglichst feinkörnige Rechtevergabe zu erlauben. Insbesondere das Programm phpGACL wird analysiert und in eine Beispielanwendung integriert um die prinzipielle Realisierbarkeit des System zu überprüfen
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Bishop, Cheryl Ann Packer Cathy Lee. "Internationalizing the right to know conceptualizations of access to information in human rights law /." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2009. http://dc.lib.unc.edu/u?/etd,2598.
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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2009.Title from electronic title page (viewed Oct. 5, 2009). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the School of Journalism and Mass Communication." Discipline: Journalism and Mass Communication; Department/School: Journalism and Mass Communication, School of.
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Marciante, Manfredi. "The right of individual access to international justice: between human rights and investment arbitration." Doctoral thesis, Luiss Guido Carli, 2022. http://hdl.handle.net/11385/220161.
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Parker, Gavin Philip David. "Citizen's rights and private property rights in the English countryside : a study of countryside recreational access provision." Thesis, University of Bristol, 1996. http://hdl.handle.net/1983/0ee30650-3d59-46c4-b3ff-ecf12fbc4671.
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Lönneborg, Rickard. "Extending an MPEG-21 viewer to manage access rights." Access electronically, 2004. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20041026.124836/index.html.
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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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Pratihar, Kalpana. "Pharmaceutical Patent in the Dock oh Human Rights: A Conflict with Right to Access Medicine." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-412804.
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Intellectual property laws bestow a time bound individual right to a right holder, which after a certain period dissolves into the society for the betterment of all. In theory it is meant to be a win-win situation for both individuals and the society but in practice it is not so. The purpose of this research paper is to investigate the reason of Intersection of IPR with Human Rights in the context of Pharmaceutical Patenting and access to medicine.’ In the body part of this paper, research questions have been distributed and discussed in separate chapters, starting from chapter 2. The chapters start from the legal framework of patent protection and right to health provisions enshrined in different international, regional instruments. The paper further continues with the discussion about the positive and negative sides of the patent protection of pharmaceuticals, in third chapter. Then in fourth chapter it tries to examine the situation of access to medicine in developed countries, United States of America and European Union and in developing countries, India and Brazil. In the fifth chapter, the paper discusses and examines about, who should be accountable for providing access to medicine. Moreover, the sixth chapter discusses the efforts provided by TRIPS flexibilities and the court cases in harmonizing intellectual property law to provide medicines’ accessibility and affordability. With summary, conclusion and recommendations in the end.
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Pancham, Kameel. "Restricting pharmaceutical patent rights to realise the right of access to healthcare under the constitution." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73479.
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Are the restrictive legislative mechanisms of the Patents Act and the Competition Act sufficient to enable the State to fairly regulate the exercise of pharmaceutical patent rights in trying to realise the right to healthcare under section 27 of the Constitution, without undermining such patent rightsMini Dissertation (LLM)--University of Pretoria, 2019.
Private Law
LLM
Unrestricted
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Booth, Kay Lenore, and n/a. "Rights of public access for outdoor recreation in New Zealand." University of Otago. Department of Tourism, 2006. http://adt.otago.ac.nz./public/adt-NZDU20070208.142035.
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This thesis explores the nature of public access rights for outdoor recreation in New Zealand. It aims to improve understanding of these rights by examining the New Zealand public policy framework for public access, the social constructions of access rights and the interaction of these dimensions via analysis of two contemporary New Zealand access issues: the foreshore access debate and the state-sponsored Land Access Review. An institutional arrangements framework forms the study�s conceptual basis and is critiqued for its value in the examination of rights of public access. Multiple qualitative methods were employed to collect data, including interviews with access actors, submission analysis, examination of public policy documents and critical interpretation of the access discourse within the mass media. Key themes from the international access literature are identified and the disparate nature of much of this research is highlighted. Within New Zealand, public access represents an area of research neglect. This thesis provides the first comprehensive study of rights of public access for outdoor recreation in New Zealand.
A threshold has been reached in the evolution of access rights in New Zealand. Societal changes are perceived to be reducing the public�s traditional rights to access land for outdoor recreation. Owing to the importance of these rights within conceptions of New Zealand national identity, the Government is codifying access rights in a bid to protect them. Thus a shift in access arrangements is occurring, from reliance upon social customs to increasing use of public policy instruments.
Access rights are being renegotiated within a highly contested environment. The debate is being staged within the political arena and via the national news media; access has become a significant national issue. As a result, the level of engagement has shifted from localised access transactions between landholders and recreationists, to a national discussion regarding competing rights to land. Access actors have reacted in different ways to the reforms of access arrangements, driven by the manner in which the proposals affect their property rights, social values and norms. Some reactions have been strident and confrontational.
Inadequate public policy arrangements for access have created the 'space' for these multiple social constructions of access to develop. Convergence of a disparate and poorly enforced access public policy framework with varying social representations of access rights is influencing the access outcomes. The 'place' of public access within New Zealand society occurs at the intersection of several strongly-held cultural traditions, including private property rights, Maori customary rights, and a belief that it is a birthright to freely access the outdoors. The tension between these values underpins New Zealand�s unique (and changing) manifestation of the rights of the public to access land for recreation.
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Jacobs, Marc. "Between reproductive rights and access to reproductive healthcare services: narratives of reproductive rights activists in South Africa." Thesis, Rhodes University, 2017. http://hdl.handle.net/10962/17707.
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The motivation behind the research paper, “Between reproductive rights and access to reproductive healthcare services: Narratives of reproductive rights activists in South Africa” stems from the notion that civil society groups have often played a critical role in addressing social justice issues concerning women’s rights. Since 1996 after implementation of the Choice on Termination of Pregnancy (CTOP) Act, South Africa has frequently been praised for its progressive abortion laws that formally recognises women’s need for reproductive autonomy and equality. However, ineffective implementation has resulted in many women facing a combination of barriers to accessing reproductive healthcare services. Thus, resulting in some women opting for unsafe, illegal abortion services and placing their health and lives in danger. The purpose of the study, therefore, is to capture the perceptions of contemporary South African based reproductive rights activists and NGOs who engage in campaigns that seek to highlight the complex relationship between reproductive rights and access to such rights. Data for the study was collected through open-ended questionnaires in which participants provided their unique opinions as activists who regularly engage with the abortion and access issues in South Africa. Results from the study suggest that ineffective implementation of the CTOP Act can be attributed to a lack of political will to prioritise women’s sexual and reproductive rights, thereby further marginalising women in society. Results also point to the need for widespread support from civil society on women’s rights matters so that the State can more effectively be held accountable for catering to the most marginalised women in South African society.
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Lucchi, Nicola. "The role of Internet access in enabling individual’s rights and freedoms." Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Redovisning och Rättsvetenskap, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-21576.
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The paper discusses the scientific and policy debate as to whether access to the Internet can be considered so fundamental for human interaction as to deserve a special legal protection. In particular, it examines the impact of computer-mediated communication on the realization of individual’s rights and freedoms as well as on democratization processes. It then considers how Internet content governance is posing regulatory issues directly related to the growing importance of an equitable access to digital information. In this regard, the paper looks at conflicts arising within the systems of rights and obligations attached to communication (and especially content provision) over the Internet. The paper finally concludes by identifying emerging tensions and drawing out the implications for the nature and definitions of rights (e.g. of communication and access, but also of intellectual property ownership) and for regulations and actions taken to protect, promote or qualify those rights. All these points are illustrated by a series of recent examples.
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Van, Zyl Nicolas. "Outlining a right of access to sanitation in South African Law." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25535.
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For many people their ease of access to a private home toilet means that when and where they go to relieve themselves is rarely a deliberation in their minds. In South Africa's rural and peri-urban spaces there are many poor people for whom this is not the case. For these people the inadequacy of their access to sanitation compromises their health, safety and ability to live a dignified life. Without an explicit right included in the Constitution, litigating on access to sanitation poses a formidable legal challenge. However, a critical analysis of South Africa's socio-economic and administrative law jurisprudence reveals that a fundamental right of access to sanitation is not exactly necessary. Outlining South Africa's vast network of service delivery legislation and policy, this thesis submits that there is a principled basis in our law to enforce a right of access to sanitation. It illustrates that this legal basis extends beyond merely protecting a person's existing access to sanitation, but includes positive duties imposed on the state to provide certain services as well.
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Frank, Cornelia. "Access to Safe and Legal Abortion- a Human Right? : A study of the protection for access to Safe and Legal abortion within Public International Law." Thesis, Stockholms universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-182564.
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Abortion is a controversial issue. It is subject of heated debates stemming from morality and ethics. Abortion is also, however, a question of rights. Access to abortion weighs the rights of the foetus against the rights of the mother. Women being denied access to safe and legal abortion due to criminalisation and restrictive abortion laws, is also a matter of human rights. Women die every year as the result of unsafe abortion methods. This thesis focuses on access to safe and legal abortion, and examines if and how public international law protects women’s access to abortion. It addresses the topic of reproductive rights and health, and whether this set of rights constitutes any protection for access to safe and legal abortion. Human rights that are actualised in relation to abortion include for example the right to life, right to privacy and right to health. Relevant provisions in CEDAW, ICCPR and ICESCR are analysed, together with general comments and reports issued by the treaty monitoring bodies of the UN. The second part of the thesis focuses on access to safe and legal abortion under the ECHR and examines relevant case-law from ECtHR on the topic. In addition to the legal dogmatic method, a feminist legal theory is used to critically evaluate whether the current protection of access to safe and legal abortion is sufficient from a women’s rights perspective. The author concludes that public international law does not offer any direct protection of access to safe and legal abortion. Instead, access to safe and legal abortion can be protected indirectly by other human rights. Restrictive abortion laws that results in risking the health and life of the mother can violate women’s human rights. Case-law from the ECtHR shows that European states are under a positive obligation to provide an effective access to abortion under the right to privacy, if the national law guarantees such a right. The result from the discussion based on feminist legal theory shows that public international law fails to recognise the abortion issue as a question of gender equality and discrimination against women.
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Mavedzenge, Justice Alfred. "An analysis of how Zimbabwe’s international legal obligation to achieve the realisation of the right of access to adequate housing, can be enforced in domestic courts as a constitutional right, notwithstanding the absence of a specific constitutional right of every person to have access to adequate housing." Thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28353.
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The Constitution of Zimbabwe of 2013 does not expressly guarantee every person a right to have access to adequate housing. However, the Government of Zimbabwe has an international legal obligation to achieve the progressive realisation of the right to have access to adequate housing by everyone in the country. This obligation is derived from art 11 (1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Zimbabwe is a dualist state and therefore, this obligation is not directly or automatically enforceable as municipal law in Zimbabwe. It can be enforced in domestic courts only if it has been enacted into legislation or if it is entrenched as a constitutional obligation. The absence of a specific constitutional right, guaranteed for everyone to have access to adequate housing, thus raises the concern that the government may not be held accountable, in the domestic courts, to comply with its international legal obligation to ensure that everyone enjoys access to adequate housing. There is a national housing crisis in Zimbabwe that is characterised by an acute shortage of adequate housing, mass forced evictions and unfair discrimination in the allocation of housing facilities by government. There is therefore an existing need to compel government to comply with and fulfil its international legal obligations relating to the right of every person to have access to adequate housing. In the absence of an explicit constitutional guarantee of such a right, it is necessary to find alternative constitutional rights which citizens and individuals in Zimbabwe can rely on to compel Government to comply with and fulfil its international legal obligations that arise from art 11 (1) of the ICESCR. The Constitution of Zimbabwe expressly guarantees for everyone the following rights; the fundamental freedom from arbitrary evictions, the right to life, the right to equality and the children’s right to shelter. The scope of each of these rights can be interpreted broadly to include some of the duties that ordinarily arise from the right to have access to adequate housing. Therefore, these rights can be applied together to enforce the international legal duty of the state to ensure the progressive realisation of the right to have access to adequate housing by everyone in Zimbabwe.
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Gamede, Thobekile. "The biography of "access" as an expression of human rights in South African education policies." Thesis, Pretoria : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-03302005-115949.
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Grattan, Donald Scott Law Faculty of Law UNSW. "The logos of land: economic and proprietarian conceptions of statutory access rights." Awarded by:University of New South Wales. Law, 2006. http://handle.unsw.edu.au/1959.4/24368.
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Legislation in various jurisdictions alters the common law right to control access to one???s land by allowing the imposition of rights of access in favour of one landowner over the land of another. The relevant legislation can be divided into two categories. The first-generation legislation (s 88K, Conveyancing Act 1919 (NSW) and s 180, Property Law Act 1974 (Qld)) permits the creation of easements over servient land to facilitate the development of dominant land. The second-generation legislation (the Access to Neighbouring Land Act of New South Wales, Tasmania and the United Kingdom) permits the creation of temporary rights of access over servient land to facilitate work on dominant land. This thesis examines the extent to which this change in the law can be justified by three modes of ethical discourse: right-based, duty-based, and goal-based reasoning. An examination of the first-generation legislation and the cases in which it has been applied suggests that a form of goal-based reasoning can be used to justify its enactment. The legislation is needed to facilitate the efficient use of land where the existence of a bilateral monopoly and the possibility of strategic bargaining puts at risk the conclusion of a mutually beneficial agreement regarding access. A review of the second-generation legislation and the law reform reports and parliamentary debate that preceded its enactment indicates that the legislation can be justified by a form of duty-based reasoning. The legislation is needed to bring about a proper social ordering by imposing access rights where this would be consistent with the ideal of good neighbourliness. The thesis concludes that although these goal-based and duty-based discourses make an arguable case for the enactment of both generations of the legislation, neither of them, in an unadulterated form, provides a conclusive justification. Rather, an eclectic approach that draws on both discourses is required. It proposes that the legislation???s compensation provisions be amended to reflect the commingling of the ideas of efficiency, a properly ordered society and intensive land use, and to allow the servient owner to share in the benefits generated by the imposition of access.
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Kamchedzera, Garton Sandifolo. "Access to property, the social trust and the rights of the child." Thesis, University of Cambridge, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.627623.
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Adeniyi, Oluwafunmilola Foluke. "Access to safe food in South Africa as a human rights imperative." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/4930.
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Magister Legum - LLMThe aim of this study is to examine laws and policies relating to food safety in South Africa, specifically with regard to labelling requirements in the food industry. It is hoped that this research will serve as a pointer for policy and legislative reforms in a bid to identify weak areas as well as encourage accountability and strengthen government’s response to the realisation of the right to safe food as a human right imperative.
National Research Foundation (NRF)
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McHugh, Patrick. "The Political Economy of Pharmaceutical Intellectual Property Rights: Balancing Innovation and Access." Master's thesis, Vysoká škola ekonomická v Praze, 2012. http://www.nusl.cz/ntk/nusl-125188.
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The trade-off between innovation and access is a critical problem in pharmaceutical innovation policy. Without adequate intellectual property protection, knowledge is insufficiently appropriable and the output of innovation is sub-optimal. Patents and sui generis forms of intellectual property are policies utilized by the state to foster innovation, creating temporary monopolies for firms to reward their investments in research and development. This paper explores the topic of pharmaceutical innovation policy by discovering the key legal developments that influence the creation of internationally protected and harmonized minimum standards of IP rights. Equipped with a theoretical understanding of IP as a social contract and knowledge about incentives that the law provides, the status quo system of rewarding pharmaceutical innovation is observed though an analysis of the market for new chemical entities, developing an understanding of the relationship between incentives for innovation and market outcomes. Utilizing an extensive analysis of literature, promising policy options are explored for realigning incentives to better optimize the incremental benefits of pharmaceutical innovation while improving access, including public funding of clinical trials, incorporating value-for-money stipulations into reimbursement and marketing approval decisions, and creating prize-based rewards that delink the market for innovations from the market for pharmaceutical products.
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Ngwatu, Ginamia M. "Access to land and land rights in post conflict societies in Uganda : a perspective on women's and children's rights." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/16770.
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Issues of access to land and realisation of land rights have always existed in Uganda as women are
considered to be potential land owners. Such rights usually have to do with the rights of individuals to
particular plots of land, but also with rights to land held collectively. The situation in post conflict
northern Uganda was brought about by the displacement of people from their villages, but it only
served to perpetuate this situation. The conflict in northern Uganda began in 1988 between the
government of Uganda and the Lord’s Resistance Army (LRA).Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Atangcho N. Akonumbo of the Faculty of Law, Catholic University of Central Africa, Cameroon. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Mhlanga, Lindani. "The horizontal application of socio-economic rights from a transformative perspective : the right to have access to adequate housing." Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/69921.
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This study is motivated by the judiciary’s unwillingness to positively engage in the horizontal application of the right to adequate housing, thereby perpetuating a formalistic legal culture that has curtailed and continues to curtail the exponential effect of the constitution in an environment of finite resources.
The socio-economic position of the previously disadvantaged was undoubtedly a result of deliberate action by the apartheid era government and thus it can also be reversed or redressed through deliberate reforms. Furthermore, the post-apartheid government inherited a burden, with resource and capacity constraints to achieve the progressive realisation of the right to adequate housing.
Therefore the dissertation questions the predisposition of the judiciary to focus only on the state in achieving adequate housing. This not only maintains the socio-economic status quo but to a certain extent privileges negative liberty, in the process absolving those that have greatly benefited from apartheid rule from meeting their own obligations to right the wrongs of the past. The wide spectrum of societal challenges are an indirect manifestation of the chasm between the rights guaranteed by the constitution vis a vis the slow progress that has been made in their realisation, to which I approximate the knock on effect of a conservative legal culture. Relevant to this study are the recent unlawful land grabs, a microcosm of the delayed legal development on the right to adequate housing which has led to an undesired route to the satisfaction of the need being pursued. As a means to an end to homelessness, unlawful occupation of privately owned land in the urban peripheries has become the norm.
This dissertation investigates one of the reasons why we find ourselves in this situation and explores solutions.Dissertation (LLM)--University of Pretoria, 2018.
Public Law
LLM
Unrestricted
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Deaville, Jennifer Ann. "Farm businesses and public access to agricultural land in England and Wales." Thesis, Coventry University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.387563.
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Mnisi, S. C. "An analysis of the enforcement of the rights of access to adequate housing." Thesis, University of Limpopo, 2014. http://hdl.handle.net/10386/1211.
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Thesis ( LLM.) --University of Limpopo, 2014The Enforcement of the right to housing is one of the greatest challenges facing South African Government. The slow rate of housing delivery has forced society to suspect corruption. Communities from different provinces have demonstrated, through strikes and protest to their local municipalities, to register their discontent about the slow pace of housing delivery. The study focuses more on groups of people who are unable to address their emergency housing needs from their own resources, such as, minors heading households, children without parents, elderly, disabled and unemployed people. The study further discusses the possible remedies to these vulnerable people when their right of access to adequate housing has been infringed, especially during eviction.
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Pariyar, Bishnu. "Property rights or property wrong : do property rights matter in household access to irrigation water? : evidence from Mid-hills, Nepal." Thesis, University of York, 2010. http://etheses.whiterose.ac.uk/1261/.
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Whilst the development of irrigation infrastructure has been proposed as a vehicle for poverty reduction in many developing countries, the distributional aspects of irrigation interventions, particularly households' level of access to irrigation water have rarely been explored. Furthermore, previous empirical studies on irrigation performance have been overtly objective and technical with little regard to farmers' needs and concerns. The premise of this is that 'objectivity' is a necessary but insufficient measure of access to irrigation water. In addition to this, whilst irrigation interventions have had some success in ensuring access to water for crop cultivation, the impact of such interventions have been varied amongst irrigation governed by different property right regimes. In response to these concerns, this multidisciplinary study uses mixed methodologies of data collection and analysis to explore a subjective measure of households' access to water from irrigation systems managed by different property right regimes. Using a case study approach, an in-depth institutional analysis of the three irrigation systems has been carried out to identify institutional factors which contributed to unequal level of access to irrigation water. The findings demonstrate that households' level of access to water is influenced by socio-economic status, the physical nature of the canal systems and institutional characteristics of the management regimes. The results from the quantitative analysis reveal a clear pattern of differentiated access to water in irrigation systems under different property right regimes. The results indicate that the tail-enders, female-headed households, dalits and small farmers appear to have weak access to water from the canals. However, farmers along these heterogeneities have different levels of access to water in irrigation systems governed by different property right regimes with farmers in the farmers managed irrigation system performing significantly better than the agency managed and jointly managed irrigation systems. The thesis concludes that institutional dimensions should be taken into consideration by policymakers in order to ensure better access to water in irrigation interventions.
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Howard, Tamura Dawn. "The politics of civil rights framing the debate over access to higher education /." Diss., Restricted to subscribing institutions, 2008. http://proquest.umi.com/pqdweb?did=1798967311&sid=16&Fmt=2&clientId=1564&RQT=309&VName=PQD.
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Mai, Maxim. "The Implications of Sequential Investment in the Property Rights Theory of the Firm." Thesis, Discipline of Economics, 2008. http://hdl.handle.net/2123/2292.
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In the property rights theory of the firm, control over assets (ownership) affords bargaining power in the case of re-negotiation, providing incentives for parties to make relationship specific investments. The models predict that property rights will be allocated so as to maximise surplus generated from investment. However, these models assume that investments are made simultaneously. In this thesis I extend the standard property-rights framework to allow for sequential investment; the model allows for two investment periods. If a party invests first (ex-ante), they sink their investment before any contracting is possible. The parties that invest second (ex-post) do so after some aspects of the project are tangible, so that they can contract on (at least some) of their investment costs. As well as being empirically relevant, sequencing has several important theoretical implications. First, if a party gets to invest second, then – ceteris paribus – it has a greater incentive to invest. Second, the investment of parties that invest first are affected by a more than one influence. Anticipating higher ex-post investment, they can have a greater incentive to increase their investments. However, higher ex-post investment leads to greater costs being borne by the ex-ante investors (via the cost sharing contracts); this reduces ex-ante incentives to invest. Overall either effect can dominate so that ex-ante investment can either increase or decrease as a result of sequential investment. Third, as noted, sequencing of investment provides the possibility to (partially) contract on ex-post investment and costs. This is an additional method of providing incentives to invest, beyond the allocation of property rights themselves. Consequently, ex-post investors can be protected (and be provided incentives to invest) via these contracts, whereas ex-ante investors –who can not contract on their investments at all – are more likely to require the protection of property rights (through the allocation of asset ownership). The addition of sequential investment alters some of the predictions of the standard models. For example, previously the literature found that if all assets are complements at the margin all agents should have access to all assets (Bel (2005)). However, when investment sequencing is possible, making a control structure more inclusive (increasing the number of agents who have access to assets) can reduce the incentives of the ex-ante investors, decreasing overall surplus; this is because increasing the property rights of ex-post investors increases the marginal costs borne by ex-ante investors, effectively reducing their claim on surplus, diminishing their incentives to invest. This result contradicts Bel (2005), and shows that even when all assets are complimentary at the margin allocating access rights can be detrimental to incentives. Furthermore, if assets are substitutes at the margin then transfer of assets from ex-ante investors to ex-post investors can increase ex-ante investment and surplus. This counter intuitive result can occur in the case when decreasing ex-post investment is necessary to provide an incentive to ex-ante investors to increase their investments.Discipline of Economics
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Luttrell, Cecilia. "An institutional approach to livelihood resilience in Vietnam." Thesis, University of East Anglia, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.368186.
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Mwananyanda, Muleya. "Fumbling under the veil : access to information and democracy : the Zambian case." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1224.
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"The references above are illustrative of the fact that an effective right to information is significant to democracy and has an unequivocal basis in international and comparative human rights law. Although international jurisprudence in this area has been ambivalent, in this essay, a mounting body of evidence is produced in support of the proposition that Zambia, as part of the global village is under an obligation to gaurantee citizens a right to access information. ... The work is divided into five chapters. The first chapter introduces the subject and provides a general overview of the study. Chapter two addresses the theoretical framework and international standards in the area of access to information. Chapter three focuses on the South African context in detail and touches on the Ugandan freedom of information regime. The fourth chapter focuses on the situation in Zambia looking at the obvious gaps in relation to global trends as well as what Zambia could borrow from the South African experience and avoid from the Ugandan regime. The practice in terms of accessibility of public information is discussed, and chapter five is the concluding chapter with a summary of the findings in the foregoing chapters, as well as recommendations." -- Introduction.Prepared under the supervision of Prof. Frederick Juuko at the Faculty of Law, Makerere University, Kampala, Uganda
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
32
Patel, Darshana (Darshana Dinubhai) 1972. "Water for all : an analysis of a human rights based approach to water access." Thesis, Massachusetts Institute of Technology, 2001. http://hdl.handle.net/1721.1/69427.
Full textAbstract:
Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 2001.Includes bibliographical references (p. 75-80).
An interdisciplinary and qualitative study was undertaken to determine whether a human rights based approach would ensure each person's access to a water supply sufficient to meet her basic needs. A human right to water shows promise as a strategy for ensuring universal access to water if a broad, comprehensive human rights theory is ascribed to. In a coherent, comprehensive human rights theory, human rights are interdependent and indivisible from other human rights and are predicated upon a core unifying principle such as justice or human dignity for all. The language of many human rights documents indicates that a coherent, comprehensive human rights system was envisioned, but the practices and actions of many countries over the past fifty years indicate that this vision is strongly resisted. Absent such a comprehensive theory of human rights, a human right to water can have great impact as a moral and ethical justification that planners and policy-makers can use to implement programs that increase access to water. A human right to water can also increase participation in a dialogue about water management. This discussion concerning water management must be undertaken soon since a water crisis is looming and water wars are predicted.
by Darshana Patel.
M.C.P.
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Iuliano, Federica <1990>. "Women’s Cultural Rights and access to UNESCO World Heritage Sites: a case of discrimination?" Master's Degree Thesis, Università Ca' Foscari Venezia, 2019. http://hdl.handle.net/10579/14700.
Full textAbstract:
International protection of cultural sites aims at defining which cultural heritage is so exceptional for humanity as to require the participation of the whole international community in its safeguard, with the purpose of guaranteeing its transmission to future generations.
This mechanism of selection is influenced by several factors that might affect the result: on one hand the general, even though partially overcome, subordinated role of Cultural Rights compared to other Human Rights; on the other hand, the marginal and circumscribed recognition of Women’s Rights. Consequently, Women’s Cultural Rights become bearers of a double burden.
This thesis aims to investigate on how gender dynamics affect the decision of cultural properties and on how UNESCO, the main organization in this field, despite placing gender equality among its global priorities, reproduces those systems, listing as World Heritage Sites, properties whose access is forbidden to women.
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Patterson, Lindsey Marie. "The Right to Access: Citizenship and Disability, 1950-1973." The Ohio State University, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=osu1342310475.
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Nsengimana, Jovenal. "Uganda's state responsibility under international law to safeguard refugee children's right to access education." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28071.
Full textAbstract:
Uganda is Africa's largest refugee hosting country and third in the world with more than 1.25 million refugees as of June 2017. The majority of refugees there are children. Uganda's refugee regime and hospitality date back to the days of World War II, prior to the country's independence, when it hosted refugees from European countries. Since then, the country has generously continued to open its borders to anyone seeking international protection and assistance mainly from the conflict affected countries in the East, Horn and Great Lakes Region of Africa. In compliance with the 1951 UN Convention and its 1976 Protocol Relating to the Status of Refugees and the OAU 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa, Uganda enacted the Refugees Act No.21 of 2006 and the Regulations Act of 2010 to effectively manage refugee needs. The increase in the number of refugees in Uganda amidst the limited resources at its disposal poses serious challenges in meeting its international obligation to safeguard the rights of refugee children's access to education. This thesis examines the country's responsibility under international law to protect, promote and fulfil the right to access education for refugee children, particularly aimed at understanding the challenges of provision of education to strengthen multi-level response. Research finds international and regional instruments sufficient for the protection and guarantee of education for children. However, the main refugee treaties fail to adequately provide the right to education for refugee children. The UN Convention Relating to the Status of Refugees has provision for education rights but makes no reference to refugee children while the OAU 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa provides neither the right to education nor rights to children specifically. The analysis of Uganda's policy and laws on safeguarding refugee children's right to education revealed glaring shortfalls. The laws fail to provide adequate protection to refugee children's education rights. Notwithstanding the existence of an enabling legal and policy framework in Uganda that ensures access to education for nationals, refugee children continue to face legal and structural barriers in accessing post-primary education. The paper shows that both international and national laws guaranteeing the right to education for refugees limits the extent to which it is exercised. At national level, this is not only discriminatory but also inconsistent with the provisions of the Constitution of Uganda relating to education and child rights.
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Mmbando, Charles Joseph. "Toward the realistions of the right of access to justice: a comparative analysis of the legal aid schemes in Tanzania and Ghana." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8098.
Full textAbstract:
This study focuses on the right of access to justice and the factors that limit the realisation of the right. It also examines the concept of legal aid, its importance and then discusses the legal aid schemes that have been developed in Tanzania and Ghana and how they promote the right of access to justice. The author also compares the legal aid schemes of Tanzania and Ghana and how the legal aid schemes could be improved to further promote the right of access to justiceThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Kwadwo Appiagyei-Atua of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
37
Rippenaar, Shéan Jamie. "The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing." University of the Western Cape, 2018. http://hdl.handle.net/11394/6828.
Full textAbstract:
Magister Legum - LLMAccess to adequate housing is an important socio-economic right and is of central importance for the enjoyment of all rights. The right to access adequate housing is viewed as a fundamental human right and has been described in both International Law and by the South African courts as being essential to the dignity of human beings. Access to adequate housing thus plays an important part in ensuring human dignity for all persons. It is also one of the key elements needed to ensure that all persons have access to an adequate standard of living. Access to adequate housing further plays a vital role in maintaining and improving the lives of all people as it provides both security and shelter. In modern day South Africa, access to adequate housing is held in very high regard. This is evident in the recognition it has received in the National Development Plan as two of the fourteen outcomes of the plan are to ensure that “all people are and feel safe” and “sustainable human settlements and improved quality of household life.” The drafters of the South African Constitution recognised the importance of access to adequate housing as provision was made for the right to access adequate housing in the Final Constitution in section 26. In considering the report submitted by South Africa, the United Nations Committee on Economic, Social and Cultural rights indicated (hereinafter referred to as the “Committee on ESCR”) the housing landscape in South Africa continues to be divided as a result of the past and that the apartheid spatial divide continues to dominate the landscape. Viljoen notes that despite numerous attempts to transform the housing regime from one which was grossly discriminatory to a welfare-orientated legal system that functions under the auspices of the rights and values entrenched in the Constitution of the Republic of South Africa the poorest households in South Africa remain subject to not only a lack of access to housing but also intolerable housing conditions. He writes further that the judicial enforcement of the right to access adequate housing is a difficult, complex and multi-layered issue with which the courts have been grappling for some time. An examination of the housing rights jurisprudence reveals that housing rights and access to adequate housing has been one of the most fiercely contested and frequently litigated topics in the country. The jurisprudence also shows that housing is an area where much legislative, policy and infrastructure progress has been made.
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Mugambe, Lydia. "The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed?" Diss., University of Pretoria, 2002. http://hdl.handle.net/2263/980.
Full textAbstract:
"The thesis of this study is that the flexibility within the exceptions to patent rights protecton under the TRIPS Agreement has not sufficiently been exploited at the national level. The study conceptualises the regimes for the protection of the right to health and IPRs not as mutually exclusive but as potentially reinforcing. The contention is therefore that the obligations in respect to the right to health limit the manner in which states can exercise the flexibilty within the patent regime of the TRIPS Agreement. Eventually the study seeks to answer the question: Where does the guarantee for the right to health lie in light of the TRIPS regime? ... The study is divided into three chapters preceded by an introduction. The introduction lays the background for te discussion. Chapter one deals with the definition of important concepts and provides the context in which the study is set. The chapter also discusses the background to the creation of the TRIPS Agreement, with an emphatic discussion on the involvement or lack thereof of Africn and other least developed and developing countries in this process. Chapter two discusses the patent rights exceptions clause under the TRIPS Agreement. Against this background, compuslory licensing, government use and parallel importing as means of making accessibility to drugs a reality under the TRIPS Agreement will be discussed. Chapter three identifies other means of making drugs more accessible and identifying places where they have worked well. In this chapter, generic substitution, establishemnt of a pricing committee, therapeutic value pricing, pooled procurement, negotiated procurement and planned donations will be discussed. Finally a conclusion will be drawn from the discussion and recommendations will be advanced." -- Chapter 1.Prepared under the supervision of Riekie Wandrag at the Community Law Centre, University of Western Cape, South Africa
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2002.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
39
Prellwitz, Marina. "Protecting the Rightless - Are Refugees’ Rights Still the Paradox of Human Rights? : A Case Study of Refugee Children’s Access to Education in Lebanon." Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-294944.
Full textAbstract:
This thesis explores the relationship between citizenship and human rights by focusing on refugee’s rights. The study is based on Hannah Arendt’s theories that when someone loses state-protection human rights appear weak, and one finds oneself in a state of rightlessness (1976). She developed her thoughts during the refugee crisis after the Second World War, and by discussing her theories in relationship to a field study performed in Lebanon this thesis applies her theories on the current refugee crisis, investigating how applicable her theories are on refugees today. This opens up a discussion on if and how the modern human right framework has managed to solve some of the issues that were present for refugees more than 50 years ago. The empirical study is based on a minor field study in Lebanon concerning refugee children’s right to education. By performing interviews and observations, the obstacles that these children face are presented and analysed according to a framework on vulnerabilities that migrant’s face developed by Sabates-Wheeler and Feldman (2011). The result of this study is a discussion that connects the theoretical framework with the empirical findings by discussing traits in the relevant theories in connection to the case study. The thesis finally concludes that many vulnerabilities that Arendt discussed still affects refugee’s lives today, despite the development of human rights.
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CARPANELLI, ELENA. "State secrecy and human rights violations." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2016. http://hdl.handle.net/10281/104988.
Full textAbstract:
Whilst it is undeniable that States have a legitimate need to protect their secrets especially in light of national security concerns, past and recent events have demonstrated how reliance on secrecy seems often to hardly comply with States’ obligations under international human rights law. Based on the specific circumstances of each single case, resort to State secrecy may indeed raise doubts as to its consistency with several human rights rules, including the right of access to State-held information, the right to a fair trial, the right to an effective remedy and the right to the truth concerning serious human rights violations. Reliance on State secrecy – at least when leading to the dismissal of proceedings for the impossibility to acquire evidence – can in fact grant in practice immunity in law from either criminal or civil consequences. In addition, even when dealing with ‘out of court’ issues, the existence of classified information might cover under a ‘black veil’ facts of historical relevance and the responsibilities of those involved.
In the light of the foregoing, the present work aims at testing State secrecy against the international legal framework and, in particular, against international human rights law in order to ascertain whether and to what extent the resort to State secrecy is deemed compatible with the current status of international law. In particular, this work attempts to provide answers to the following questions: does the existing international legal regime set limits to States’ reliance on State secrecy? Where these limits are to be found? Where the balance between the legitimate interest of the State to protect national security and the obligation to secure human rights should be struck? Whilst the answers to these questions much depend on the specific human rights norm against whom the resort to State secrecy is tested, the exam undertaken allows drawing some tentative general conclusions.
Whereas human rights treaties generally provide for national security as a ground justifying interferences to certain human rights, such a limitation clause cannot translate into an abusive discretionary reliance on State secrecy on the part of the State. To the contrary, it requires an inherent balancing exercise between the two colliding interests (i.e., national security and the protection of human rights), according to strict parameters set by the treaties themselves, as further interpreted by human rights monitoring bodies.
In particular, the proportionality and necessity standards and the public interest test to which restrictions on national security grounds should abided by are hardly complied with any time classification and secrecy are resorted to in order to shield accountability and hide the truth concerning serious human rights violations. In this respect, human rights treaty-monitoring bodies’ ‘case law’ has indeed increasingly accommodate a sort of absolute presumption in the sense of a prevalence of the interest in the protection of human rights over national security concerns.
This same ‘conclusion’ (de facto banning secrecy and classification any time they are relied on in a way to prevent accountability for serious human rights violations) may similarly been drawn from the progressive recognition of a right to know the truth concerning serious human rights violations, as well as – still depending on the specific circumstances of each single case – by the absolute (and non-derogable) character of certain human rights (and of the judicial guarantees essential to their effective protection).
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Büchele, Sandra. "The protection of transfrontier access rights : a comparative analysis of the relevant international legal frameworks." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82655.
Full textAbstract:
"Internal globalization" has become a common phenomenon which, among other things, has increased the number of mixed-national couples due to the greater mobility of people and the globalization of trade and commerce. Unanticipated difficulties can follow from the breakdown of such relationships for both children and parents if the custodial parent leaves the family's former habitual residence with the child. This is especially true for the left-behind parent.The starting point for this study was the discussion among experts as to whether an Additional Protocol to the 1980 Child Abduction Convention might resolve the inherent weak protection of access rights. To answer this question concerning the necessity of such an Additional Protocol, this thesis provides an overview of the relevant existing and future international legal frameworks that address child protection and parental responsibilities and shows the evolution in child law from a formerly neglected issue to a high-profile topic. (Abstract shortened by UMI.)
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Favale, Marcella. "Access to copyright works : fine-tuning DRM to balance the rights of owners and users." Thesis, University of Nottingham, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.445682.
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Berettoni, Fulvia <1992>. "Access to Health Care in Human Rights Law and the Case of the United States." Master's Degree Thesis, Università Ca' Foscari Venezia, 2018. http://hdl.handle.net/10579/13151.
Full textAbstract:
Several international conventions guarantee the human right to health; this right includes the right to equal access to health care, which is the focus of this thesis. In analyzing the topic, particular attention is placed on international human rights law and on the situation of the United States. The first two chapters address the right from an international law perspective; in the first one, the international law sources that include the right are mentioned and analyzed, considerable attention is given to the ICESCR (and its General Comment No.14), and to the WHO framework. In the second chapter, the subject of justiciability of the right at international level is addressed. The third and fourth chapters deal with the U.S.: its health care system, health care reforms, and public health care measures are analyzed through the lens of human rights.
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Badwaza, Yoseph Mulugeta. "Public interest litigation as practised by South African human rights NGOs : any lessons for Ethiopia?" Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1135.
Full textAbstract:
"It is against this backdrop of unsatisfacotry enforcement of fundamental human rights enshrined in the Constitution that the role of human rights NGOs in Ethiopia should come to the fore. Thus, apart from monitoring violations and conducting legal awareness programs, there is a need for human rights NGOs in Ethiopia to engage in public interest litigation with a view to facilitating the judical enforcement of fundamental rights representing those who, for various reasons, can not access courts. A number of reasons could be provided to justify why the South African system has been chosen for a lesson to Ethiopia. One reason could be the legal framework put in place to address issues of acces to justice in South Africa. Standing is a crucial question in any venture of public interest litigation. Section 38(d) of the South African Constitution entitles anyone acting in the public interest to approach a competent court and seek remedies when they feel that a fundamental right is infringed or threatened. This very liberal approach to standing is not common in many legal systems. For countries like Ethiopia where there is an extremely tight requirement of standing to institute civil proceedings in courts, such a liberal approach could be an inspiration. In addition to the guarantees given by the Constitution, in South Africa there exists a relatively advanced and dynamic system of subsidiary legislation that could facilitate the full utilisation of the constitutionally recognised rights of access to justice. More relevant to this dissertation are the human rights NGOs in South Africa that are engaged in human rights lawyering in general and public interest litigation in particular. Much could be learnt from the experiences of prominent human rights NGOs such as the Legal Resources Centre and Lawyers for Human Rights. In all, Ethiopia, where the activities of human rights NGOs have not yet gone further than the monitoring of violations and fragmented attempts of awareness raising campaigns, could indeed draw lessons from the South African experience in this regard. ... The study has five chapters. The first chapter deals with introductory matters such as objective, methodology and literature survey. In the second chapter, a working definition of the concept of public interest litigation, the rationale behind it, issues such as access to justice and locus standi will be discussed. The third chapter is devoted to the analysis of public interest litigation as employed in different legal systems. With a view to providing a broad perspective to the practice the cases of France, the United States and Canada are presented. However, the chapter will focus more on the Indian and South African systems, mainly because of the nature of the problems public interest litigation addresses in the two countries. There will be a fourth chapter dedicated to the examination of the existing legal and institutional framework in Ethiopia in light of the background presented in the previous chapters. The fifth chapter deals with the conclusion and recommendations aimed at pointing out the major lessons to be drawn to introduce public interest litigation in Ethiopia." -- Introduction.Prepared under the supervision of Professor JR de Ville at the Community Law Centre, Faculty of Law, University of the Western Cape, Cape Town, South Africa
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
45
Brase, Susanne. "Public figures' right to privacy, private law constraints on the media's rights to access and to publish information : a Canadian-German comparative study." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0003/MQ36006.pdf.
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Hara, Chimango. ""Co-management agreements with subsistence fishing communities as a means for promoting sustainable use and conservation of marine living resources in South Africa"." University of the Western cape, 2011. http://hdl.handle.net/11394/5400.
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Ugochi, Joan. "How does the option of renewable energy affect access to energy services? : a human rights perspective." Thesis, University of Dundee, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.510639.
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Mitchell, Jonathan Philip. "Public access, private space : the property fictions of the countryside and rights of way act 2000." Thesis, University College London (University of London), 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.444558.
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Niyi-Gafar, Oluwabunmi Lucy. "Adopting a human rights-based approach to access to water in Nigeria : lessons from selected jurisdictions." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/62549.
Full textAbstract:
Based on the assumption that water is a human right that the Nigerian government is obliged to fulfil, this thesis begins with a historical overview of the development of a human right to water. This description provides the background against which a human rights-based approach to water is conceptualised. I argue that the Nigerian government supports the human right to water on the international stage but has failed to maintain a legal and institutional framework that supports a human right to water domestically. A legal analysis of the current state of access to water in Nigeria shows that there are inadequate laws that contribute to the poor access to water in Nigeria. I, therefore, propose the recognition of the human right to water and the adoption of a human rights-based approach to water in Nigeria. I identify South Africa and Kenya as comparators having constitutionalised the human right to water in addition to having developed promising practices of a human rights-based approach to water with implications for Nigeria. Although past studies on access to water in Nigeria have been examined from an environmental perspective, I argue that an environmental perspective to access to water does not consider all the necessary elements, which may guarantee access to water. I address the challenges of access to water from a human rights perspective since Nigeria is a signatory to all the international instruments that recognise water as a human right. I suggest recommendations that may help realise access to domestic water in Nigeria.Thesis (LLD)--University of Pretoria, 2017.
Jurisprudence
LLD
Unrestricted
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Larsson, Johannes. "Access to Justice for Young Refugee Women in Nakivale Refugee Settlement : A Human Rights-Based Approach." Thesis, Linnéuniversitetet, Institutionen för samhällsstudier (SS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-91005.
Full textAbstract:
This thesis investigates young refugee women’s experience of the process of seeking access to justice for cases of Sexual and Gender-Based Violence in Nakivale refugee settlement in Uganda. A Human Rights-based Approach (HRBA) is chosen as an analytical framework to help conceptualise access to justice and to recognise Uganda’s commitment to refugees. A qualitative explanatory approach follows the narrative of Burundian and Congolese women. Findings show that Nakivale refugee settlement has an overwhelming demand for legal services and support. Refugee women can raise a claim for justice through the established administrative structures in place within the settlement. All refugee women were aware of their entitlements to a remedy and on the process of reporting SGBV. Yet, the analysis shows that none of the SGBV-survivors of rape or sexual exploitation was able to have access to justice. Several barriers were brought forward, such as corruption among refugee welfare committees; limited staff and resources among partner organisations; a bureaucratic referral system; poor police investigations and an inability to persecute perpetrators. The consequences without effective and timely remedies led the interviewed women into further poverty and a continuation of violence and abuse. This thesis concludes that Refugee Welfare Committees have to be attributed to some sort of compensation as validation for their work as justice providers to mitigate corruption among their leaders. Further research is encouraged to look into possibilities of extending the mandate and training for Refugee Welfare Committees, for refugee-based structures to be able to handle cases of SGBV.