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Capriati, Marinella. "Human rights, interests and duties." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:068aeab6-ae43-423b-873a-a441b910269a.
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This dissertation focuses on the concept of human rights, and in particular on how we should understand the interests protected by human rights and human rights' correlative duties. The work consists of three papers. Human rights and interests In the first paper I consider which conditions interests have to satisfy in order to be protected by human rights. I call these the Interest Conditions. I argue that we need to distinguish between two kinds of Interest Conditions: qualitative and quantitative ones. This means that we need to consider both which type of interests, and how much of these interests, human rights protect. I then consider the content of these conditions. Political accounts and fidelity to human rights practice In recent years, considerable attention has been received by so called "political accounts" of the analysis of human rights. According to these theories, one of the distinctive features of human rights is that they play a certain political function. In particular, a large number of political accounts hold that human rights have political correlative duties. I call this thesis 'Political Duties'. Political Duties has been defended on the grounds of the desideratum of fidelity, according to which the analysis of human rights ought to be faithful to human rights practice. I consider two ways of interpreting this desideratum and the corresponding versions of the argument in support of Political Duties. I argue that neither version successfully supports the thesis. The universal scope of positive duties correlative to human rights In the third paper I focus on duties correlative to human rights. We can distinguish between two different kinds of duties: negative and positive ones. Negative duties are duties not to perform an action, while positive duties are duties to perform an action. I focus on the latter and, in particular, I concentrate on the question of their scope - that is, on understanding who holds them. I defend a refinement of the thesis that all individuals hold positive duties correlative to human rights, which I call the Universal Scope Thesis.
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Matwijkiw, Anja. "Human needs, rights, and corresponding duties." Thesis, University of Cambridge, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.627234.
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Owen, J. "Rights, duties and choice in Belgian education." Thesis, University of Reading, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.354092.
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Montero, J. C. "Responsibility for human rights violations, institutions and transnational duties." Thesis, University College London (University of London), 2011. http://discovery.ucl.ac.uk/1331898/.
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This thesis proposes a conception of responsibility for human rights. The conception includes three components: an account of the normative foundations of human rights; an account of human-rights correlative duties; and an account of the violations of human rights. The account on the normative foundations connects human rights with certain moral principles and shows why those rights might impose obligations to various agents. The account on the corresponding duties uncovers different categories of duties related to human rights and formulates general guidelines for the distribution of these duties. The account on violations lists the conditions that must obtain for something to qualify as a violation of human rights. All these components are reunited in an internationalist conception of responsibility for human rights. According to this conception, human rights serve the dignity of persons. Since the protection of the dignity of persons requires the social world to be designed in a certain way, State agents bear primary responsibility in guaranteeing the human rights of their populations. Notwithstanding that, human rights impose on other non-State agents second order duties to contribute with the capacity of their political institutions to comply with their human rights related obligations. The international community in particular has transnational duties to create the adequate international conditions necessary for every political community to be able to fully realize the human rights of their population. Although these second order duties are derived from human rights, their non-compliance does not amount to a human rights violation.
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Parola, Giulia. "Environmental democracy : rights and duties for a new citizenship." Paris 5, 2010. http://www.theses.fr/2010PA05D008.
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La fonction principale de l'État est d'agir au nom de l'intérêt public, du bien-être de la population et du développement économique. L'intérêt public prend avec la crise environnementale une dimension nouvelle qui est celle de la survie du genre humain dans un cadre de développement durable. D'un point de vue juridique émergent une série de questions : de quelle façon le droit, les institutions juridiques et l'organisation politique peuvent-elles empêcher les dommages à l'environnement et la menace d'une destruction des ressources naturelles qui permettent à l'homme de vivre. De quelle manière les États et leurs citoyens peuvent-ils s'organiser pour répondre à la crise environnementale ? Quelle place et quels moyens (juridiques) accorder à la société civile dans ce cadre ? Quelles limites mettre à son action ?La solution devant l'étendue des atteintes à l'environnement d'ores et déjà réalisés pourrait être de construire un nouveau modèle d'État et de modifier le comportement des citoyens. Selon ce modèle, l'État devrait, à chaque fois qu'il assume une décision, considérer et évaluer les possibles répercussions sur l'environnement et, dans le cadre de ce processus d'évaluation et de décision, il lui reviendrait de créer les meilleures conditions de la participation des citoyens. La thèse propose, dans son Chapitre I, de construire une démocratie environnementale d'abord dans une perspective théorique et dans les deux chapitres qui suivent d'étudier dans quelle mesure les structures juridiques actuelles au niveau international et européen ont déjà évolué vers une démocratie environnementale. En particulier, l'objectif du Chapitre I, dans une perspective théorique, a été de cerner le concept de démocratie Environnementale et ses éléments : sa forme, son champ, ses acteurs. Du point de vue de la forme, une démocratie environnementale doit comprendre des éléments dérivant de la démocratie participative et délibérative et en ce qui concerne son champ, il s'agit de construire cette nouvelle démocratie à tous les niveaux: niveau global et niveau local. Ensuite, la thèse a examiné les acteurs de cette démocratie environnementale, individus, associations, et l'analyse s'est concentrée sur les droits et devoirs "environnementaux" qui pourraient contribuer, une fois ceux-ci reconnus, à transformer les comportements des citoyens. A l'aune des résultats du premier chapitre, l'objectif du deuxième chapitre a été d'examiner si et comment, au niveau international il est actuellement tenté de construire une démocratie environnementale au travers des traités internationaux. L'objectif du troisième chapitre, aussi à l'aune des résultats du premier chapitre, a été d'examiner si et comment, au niveau européen il est actuellement tenté de construire une démocratie environnementale au travers la législation communautaireThe idea of an Environmental Democracy comes from the attempt of seeking a theoretical legal solution without twisting the political system and finding a different way to use the democratic concept and tool. In order to achieve this objective. Chapter I "Environmental Democracy: A Theoretical Construction" presents the conceptual building blocks of this thesis' approach, suggesting the possible transformation of the actual political and legal structures into an "Environmental Democracy". Before speaking about the elements - form, space and actors - which compose Environmental Democracy, it is necessary to analyze in Section I of this Chapter, titled "Environmental Democracy", what the notions of "Democracy" and "Environment" in the thesis'prospective encompass. The second point, which is studied in the Section II of Chapter I, called "The Actors of Environmental Democracy: The Environmental and Ecological Citizen". Every individual has to rediscover what environmental rights are, whichcomes from the fact that he exists as a human being and that also without their explicit granting, that those rights nevertheless exist beyond. In the same time, just as with regard to environmental rights, also ecological duties exist beyond any recognition. In other words, from the mere fact that we are alive, we have rights and duties vis-à-vis ourselves and Earth. It is just a status, the life status. Environmental Democracy should be implemented at a global and local level to better answer to global and local environmental problems. In the light of the theoretical construction of Environmental Democracy and its elements, Chapter II, titled "Environmental Democracy in an International Context", examines Environmental Democracy at the global level by referring to international legal instruments and Chapter III, namely "Environmental Democracy in a European Context", examines Environmental Democracy at local level by referring to European Union Law. Both Chapters present therefore a synopsis of the provisions of two branches of law, international law and European Community law, which regulate or concern directly or indirectly the construction of an Environmental Democracy
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RODRIGUES, RODRIGO FERREIRA. "DT 17,14-20: THE DUTIES AND RIGHTS OF THE KING." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2013. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=24846@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROA presente dissertação analisa Dt 17,14-20, a Lei do rei, considerando, de forma especial, elementos diacrônicos examinados à luz dos métodos históricocríticos. Essa análise provê a base para os tópicos abordados no comentário. O estudo constata que a lei do rei exibe certos contrastes e semelhanças em relação à História Deuteronomista, particularmente, os relatos sobre Salomão. A lei do rei é, contudo, peculiar em sua forma de avaliar e criticar a tradição. Conclui-se também que os deveres e direitos tratados na lei do rei são essencialmente utópicos, apesar de refletir um conhecimento da realidade histórica da qual emergiram. Além disso, constata-se que Dt 17,14-20 demonstra muita similaridade em seus termos e temas com o restante do livro do Deuteronômio e com a tradição bíblica mais ampla, mas também, revela descontinuidade temática. Como base na inter-relação entre a lei do rei e outras partes do Antigo Testamento, é possível notar que o livro do Deuteronômio nega ao rei os elementos essenciais ao exercício monárquico no Antigo Oriente Próximo.
This dissertation examines Deuteronomy 17,14-20, the law of the king, considering especially diachronic elements examined in the light of historicalcritical methods. This analysis provides the basis for the topics covered in the commentary. The study notes that the law of the king shows some contrasts and similarities between the Deuteronomistic History , particularly the accounts of Solomon. The law of king however is peculiar in its way to evaluate and criticize the tradition. It is concluded that the duties and rights dealt by the law of king are essentially utopian, though it reflects an knowledge of the historical reality of which it emerged. Furthermore, it is noted that Dt 17,14-20 shows much similarity in their terms and themes with the rest of the book of Deuteronomy and the broader biblical tradition, but also reveals thematic discontinuity. Based on the interrelation between the law of king and other parts of the Old Testament, it is possible to note that the book of Deuteronomy denies to the king the essential elements to the monarchial exercise in the Ancient Near East.
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Jewett, Andrea. "Deliberative Duties of Modern Citizens Based on a Historical Examination of Democratic Self-Governance." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1653.
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I examine the current state of democracy in the United States and how it has evolved from its original, direct form. Present-day problems with democracy emerge in part because of a failure to exercise our autonomy, which is the very basis of our self-governance. To consistently improve the ways in which we organize ourselves in society, I suggest a civil duty to become informed about political issues and engage with others from different backgrounds. Because we exercise reason in order to determine governance, thoughtful deliberation provides opportunities to include more diverse opinions and ideas in political decision-making. I outline an ideal deliberative democracy that would better serve the interests of the constituents given the uniqueness of today’s challenges. To explore the value of deliberation, I examine Immanuel Kant’s text “What is Enlightenment?” and Michel Foucault’s text in response to Kant. I argue that if deliberation is carried out with intention, citizens in a democracy can help strengthen the system by fulfilling duties of civility. Foucault’s historicocritical examination of ourselves reinstates our autonomy and allows an emergence from a state of immaturity. Recognition of our condition in the present day is, I will argue, an achievement of progress towards a dynamic conception of personal and collective enlightenment.
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Lazar, Seth. "War and associative duties." Thesis, University of Oxford, 2009. http://ora.ox.ac.uk/objects/uuid:476611b8-6b9a-4aaf-a756-e7bae3420d90.
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Combatants in war inflict untold devastation. They lay waste the environment, destroy cultural heritage, wound, maim, and kill. Most importantly, they kill. These deeds would be, in any other context, paradigmatically unjust. This thesis asks whether they can be justi-fied. There are two possible approaches: first, deny that killing in war is in fact unjust; sec-ond, argue that the injustice is overridden by weightier moral reasons. In Part I, I reject the view that principles of self-defence can render killing in war just. I argue that the most plausible theories of self-defence are hardest to apply in the cha-otic context of war, while the most practicable theories are least philosophically defensible. Moreover, none of them encompasses the inevitable noncombatant deaths that all wars bring. If killing in war is almost always unjust, perhaps we should advocate pacifism. In Part II, I propose an alternative, arguing that these injustices might be all things con-sidered justified. Combatants have morally important relationships: they have deep personal relationships with friends and family, and comrades-in-arms; if they are citizens of just communities, then that relationship is valuable too. I argue that they have associative duties to protect these relationships against the threat posed by war, and that these duties may override the injustices they must commit to avert that threat. After defending a conception of associative duties, I support this conclusion with the following argument. As well as our general duties not to harm, we have general duties to protect. Our general duties to protect sometimes override our general duties not to harm, in particular, in cases of justified humanitarian intervention. Our associative duties to protect, however, are stronger than our general duties to protect. If our associative duties to protect are stronger than our general duties to protect, and our general duties to protect can override our general duties not to harm, then our associative duties to protect should also be able to override our general duties not to harm.
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Malila, Mumba. "The place of individuals? duties in international human rights law : perspectives from the African human rights system." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/60063.
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Some worry has been expressed in human rights circles that the human rights archetype has for some time now, disproportionately preoccupied itself with the culture of rights and claims at the expense of individuals? duties and responsibilities. A claim is made that while rights are individualistic, self-seeking, unworldly, self-indulgent and anti-social, individual duties and responsibilities are collective, social, humane, nuanced and associated with correct traditional and social behaviour and human values. The language of rights has dominated the texts of bills of rights in constitutions, and international instruments, and many view this rhetoric as unproblematic. Others, however, consider the currency of that language as overlooking, with dire consequences to human society, the concept of duty as the missing link of human dignity. There have, accordingly, been calls for a renewed focus on individual duties and responsibilities in the human rights discourse. The question is whether focussing on individual responsibility is necessary to counterbalance what is viewed by some as a bias towards rights.
Efforts to raise international consciousness of what is regarded as the limitation of a purely rights-based approach to human rights has been spearheaded by, among others, faith based organisations. These have advocated not only a more visible recognition of individual duties and responsibilities generally, but an international declaration of human responsibilities as a ?common standard for all people and all nations.? The calls being made are premised on, first, a view that a device in the form of an international declaration ? a set of international rules ? should be developed to change the current human rights architecture. This code of ethical obligations is necessary to guide and change individual behaviour. Second, a belief that greater emphasis should be laid on individual duty responsibility to supplement existing international human rights norms and standards, and finally, that human rights principles alone are inadequate for modern societies to regulate themselves well.
With particular reference to perspectives from the African Charter based human rights system, this project interrogates these concerns regarding duties with a view to ascertaining whether there is justification in them. Using as a reference point the concept of duties in the African Charter and to a small extent that in the African Children's Charter, which represents the older
ii
and more established part of the African human rights system, the project concludes that although individuals? duties are important and deserve greater attention, there is no convincing case for the calls that are being made in this regard.Thesis (LLD)--University of Pretoria, 2017.
Centre for Human Rights
LLD
Unrestricted
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Schrijver, Nico. "Sovereignty over natural resources: balancing rights and duties in an interdependent world." [S.l. : [Groningen] : s.n.] ; [University Library Groningen] [Host], 1995. http://irs.ub.rug.nl/ppn/128220244.
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Asmal, Kader. "Victims, survivors and citizens: human rights, reparations and reconciliation: inaugural lecture." University of the Western Cape Printing Department, 1992. http://hdl.handle.net/10962/69386.
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The professorial inaugural lecture is for the university an occasion to celebrate - celebrate in the full meaning of the word, i.e. to perform publicly and duly, to observe and honour with rites and festivities, to publish abroad, praise and extol. Through the custom of the inaugural lecture the university celebrates and affirms its basic function, that of creating, preserving, transmitting and applying knowledge, particularly scientifically-based knowledge. The university appoints to the position of professor one who has attained excellence in the handling of knowledge in her or his discipline, and through a jealous watchfulness over the dignity and esteem of this time-honoured position of excellence amongst scholars, defends the capacity of the university to advance human knowledge and human progress. The University of the Western Cape is particularly honoured to celebrate by way of this address the inauguration of its first ever Professor of Human Rights Law. We take pride from both the position and the incumbent: the post demonstrates our commitment to scholarly relevance, the incumbent to the pursuit of excellence. This university has distinguished itself amongst South African educational institutions for the way that it has grappled with questions of appropriate intellectual and educational responses to the demands of the social and political environment. That search involved debates and contests over what constitutes knowledge or valuable knowledge, over the nature of the process of knowledge production, over the relationship between theory and practice, about autonomy and accountability, about the meaning of "community" and about how the activities of a university are informed by the definition and conception of "community". The decision to establish a chair in Human Rights Law was arrived at as part of that process of searching for the appropriate forms of curricular transformation. South African society with its history of colonial conquest and latterly apartheid rule is one bereft of a rights culture; and where the discussion of a bill of rights and the general establishment of an awareness of human rights had been started in recent times, it has often been motivated by a concern with the protection of traditionally advantaged sectors of society. A university like ours has an obligation to contribute to the debate about and the promotion of human rights in ways which will also be concerned with healing, reparation and reconstruction in this severely brutalised nation. In this address marking his formal assumption of the University of the Western Cape’s Chair in Human Rights Law, Kader Asmal gives testimony of the depth of scholarly rigour and the breadth of humane concern brought to and emanating from this position. The integral coming together of Asmal the international scholar, the anti-apartheid activist of long standing, the seasoned international solidarity worker, the spirited publicist is evidenced in this address which is sure to stand as a signal point of reference in our national debate about this complex subject. The University had been privileged to attract to its staff some of the finest scholars from the ranks of the formerly exiled South Africans; this inaugural ceremony provides the institution with the opportunity to welcome into its midst one of those in the person of Kader Asmal.Publications of the University of the Western Cape ; series A, no. 64
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Salam, Abdallah. "Perfect and imperfect rights, duties and obligations : from Hugo Grotius to Immanuel Kant." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:882da778-1126-4909-b38b-5ada51cc8e78.
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In this doctoral thesis, Kant's distinction between perfect and imperfect duties is examined. The thesis begins with an exploration of how the distinction originates and evolves in the writings of three of Kant's most prominent natural law predecessors: Hugo Grotius, Samuel von Pufendorf, and Christian Wolff. The thesis then moves on to Kant's own writings. It is argued that Kant draws the perfect-imperfect distinction in as many as twelve different ways, that these ways are not entirely consistent with one another, and that many of them, even taken by themselves, do not hold up to scrutiny. Furthermore, it is argued that Kant's claim that perfect duties always trump imperfect duties - which can be referred to as "the priority claim" - is not actually supported by any one of the ways in which Kant draws the perfect-imperfect distinction. After this critical reading of Kant's writings, the thesis then switches gears and a more "positive" project is attempted. It is argued that the perfect-imperfect distinction, even though it does not support the priority claim, is not altogether normatively neutral or uninteresting. In particular, for some of the ways in which the distinction is drawn, it is shown that the distinction yields the following normative implication: Sometimes perfect duties override imperfect duties and all other times there is no priority one way or the other. Finally, it is explained that this normative implication - which can be referred to as the "privilege claim" - translates into the following practical directive: When there is a conflict between a perfect duty and an imperfect duty, sometimes one must act in conformity with the former duty and all other times one is free to choose which of the two duties to act in conformity with. This practical directive represents the ultimate finding of this thesis.
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Baillargeon, Paul. "The canonical rights and duties of parents in the education of their children." Thesis, University of Ottawa (Canada), 1987. http://hdl.handle.net/10393/5446.
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Zettlemoyer, Jaime Nichole, and Jaime Nichole Zettlemoyer. "Trends in LGBT Activism: Defending the Rights of Egypt's Queer Citizens." Thesis, The University of Arizona, 2017. http://hdl.handle.net/10150/625258.
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Egyptians who do not fit into the mold of the ideal, heteronormative citizen as perpetuated by the state face widespread persecution and criminalization. State security forces target homosexual and other queer sexualities and behaviors in the private and public spheres. From fake profiles on dating and social media websites to raids on clubs and private parties, this segment of the Egyptian population struggles to find a space for themselves within Egyptian society. When arrest often means abuse, torture, and coerced confessions, they are further pushed to the fringes of society. Although Egypt has promised to protect certain rights of its citizens, it has frequently failed. This paper presents three major systems of oppression for non-heteronormative Egyptians: the state security apparatus and legal code, nationalist discourses, and the dominant ideologies of Islam within Egypt. After analyzing how queer Egyptians are targeted, criminalized, and persecuted, I analyze different activist methods and strategies in order to present and support the most effective strategies for Egypt.
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Jones, Tony Schumacher. "On rights, duties and vulnerability assessing the role of human rights in the care and protection of vulnerable people /." Access electronically, 2004. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20041028.115108/index.html.
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Lee, Ambrose Y. K. "Duties of minimal wellbeing and their role in global justice." Thesis, University of Stirling, 2011. http://hdl.handle.net/1893/3020.
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This thesis is the first step in a research project which aims to develop an accurate and robust theory of global justice. The thesis concerns the content of our duties of global justice, under strict compliance theory. It begins by discussing the basic framework of my theory of global justice, which consists in two aspects: duties of minimal wellbeing, which are universal, and duties of fairness and equality, which are associative and not universal. With that in place, it briefly discusses the nature of duties of fairness and equality. I shall argue that they are associative, because they are derived from the form of cooperation at hand; and that there are three kinds of them in our contemporary world: states, local cooperation and trans-state cooperation. It is from their forms of cooperation that these duties are derived. After that, the thesis focuses exclusively on duties of minimal wellbeing. Against the usual account of these duties - the human-flourishing account - I argue for my human-life account. This account argues that the function of these duties is to secure a human life for individuals; and it begins with a Razian conception of wellbeing, which states that the wellbeing of an individual is fundamentally constituted by: (a) the satisfaction of his biological needs, and (b) his success in whole-heartedly pursuing socially defined and determined goals and activities which are in fact valuable. An account of what constitutes a human life is then derived from this conception of wellbeing – it is a life that consists in having a level of wellbeing that is higher than the satisfaction of biological needs, where this is constituted by the pursuit of goals and activities with a sense of what is worth doing; and this in turn consists in: (a) being able to forms ideas of what is worth doing, (b) being able to revise them in light of further reasons, and (c) being able to coordinate one's actions according to them. I then determine the specific objects of duties of minimal wellbeing (means for the satisfaction of biological needs, education, physical security, freedom of belief, association and expression, freedom of non-harmful conduct, and minimal resources), by determining what is involved in securing such a human life for individuals.
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Li, Ho-Chun. "Digital democracy in China evaluating Chinese citizens' fight for rights via the Internet /." online access from Digital Dissertation Consortium, 2007. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?1449909.
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Keßler, Stefan. "David Weissbrodt, The Human Rights of Non-Citizens / [rezensiert von] Stefan Keßler." Universität Potsdam, 2009. http://opus.kobv.de/ubp/volltexte/2009/4016/.
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Sewell, Carolyn Marie. "Respecting Citizens, Protecting Capabilities: the Role of the State in a Liberal Society." Thesis, Virginia Tech, 2003. http://hdl.handle.net/10919/32618.
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The free exercise of religion as a basic human right is considered essential by those who are concerned about protecting and maintaining each person?s capability to live a good life.
Unfortunately, in protecting this right the fundamental rights of women are often violated or overlooked. In order to grant religious freedom, liberal states often permit discriminatory and oppressive practices.
Martha Nussbaum maintains that a balance must be struck between the protection of individual rights and the protection of religious freedom. She suggests the liberal state should not take a stand on disputed non-political issues concerning the good. The state should adopt political liberalism, thereby refraining from espousing religious or other ?comprehensive? views such as the view that men and women are innate moral equals. By doing so, Nussbaum says the political liberal state shows full respect for its citizens, and protects their ability to lead a good life.
This thesis presents the argument that the liberal state need not, and should not, go as far as political liberalism in order to protect and show full respect for its citizens. Although the state should not pressure or force religious groups to change their doctrines to fall in line with liberal principles, the state may assert the truth of some non-political liberal values that are essential to maintaining the liberal political system. Political liberalism ties the hands of the liberal state, leaving it handicapped in its ability to protect individual rights, especially the rights of women and minorities.Master of Arts
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Figlali, Taskin Aysegul. "Developing A Scale Of Citizenship Perceptions In Terms Of Rights And Duties In Contemporary Turkey." Phd thesis, METU, 2008. http://etd.lib.metu.edu.tr/upload/3/12609695/index.pdf.
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ABSTRACT
This thesis approaches the concept of citizenship from the angle of citizens by focusing on the citizenship perception of the citizens in Turkey. It has been aimed to measure citizenship perceptions in terms of the balance between both total rights and duties, and also in terms of civil, political and social elements of citizenship. Liberal and civic republican conceptions of citizenship have been employed as the ideal-standard models against which it is attempted to measure the citizenship perceptions, because it is consensually agreed that the Turkish notion of citizenship is based on a civic republican understanding which emphasizes duties over rights. For this purpose a scale for citizenship rights and another one for citizenship duties have been developed on the basis of a questionnaire. Additionally, in order to measure people&rsquos opinions concerning the possible effects of Turkey&rsquo
s EU membership on citizenship issues a scale of &ldquo
EU membership and citizenship&rdquo
has been developed. In addition to the questionnaire study which was applied to unionized workers, employers, bureaucrats and retired military officers, focus group meetings and interviews were conducted. The results of the scale study revealed that all occupational groups shared a republican perception of citizenship as far as the total right and duty items are considered. However, in terms of political and social elements of citizenship, occupational groups displayed different perceptions. In terms of political elements, while workers, employers and bureaucrats emphasized the political rights, with respect to social elements workers assigned more weight to social rights. The EU membership and citizenship scale results indicated that all occupational groups shared a pro-EU perspective with respect to its effects on citizenship.
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Rutechura, Rweyemamu Pius. "Human rights and duties in the social teaching of the Tanzania Episcopal Conference (TEC), 1953-1995." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0011/NQ38797.pdf.
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Rennie, Connor. "Andrew Miller and his Eagles - American Citizens, British Subjects and Rights in the ImpressmentControversy." Thesis, University of Canterbury. History, 2013. http://hdl.handle.net/10092/8625.
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In 1812 impressment was left as the implied cause for the outbreak of war between Britain
and the United States of America. Scholars have focused on how impressment was involved
in diplomacy. There remains, however, a lack of investigation into the justification of
impressment. This dissertation explores the impressment of Americans by the Royal Navy
and the resulting fallout. The research will focus on one group in particular: naturalised
American citizens. The aim is to show that the conflict over impressment stemmed from
Britain and America possessing different conceptualisations of citizenship and rights. The
dissertation examines the history of impressment in Britain and the doctrine of indefeasible
allegiance together with American arguments against the doctrine. This research is based on
the correspondence of politicians, treatises, laws and secondary scholarship. Using these
sources a narrative of diplomacy and rights will be constructed. Upon the examination of the
evidence it becomes clear that American claims about the unjustness of the impressment of
naturalised American citizens are wrong. While there was a dispute if naturalisation could
occur, the fact is that the American government loudly disputed the British right to reclaim a
large number of naturalised sailors when by the laws of America these sailors were not
naturalised.
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Eko-Akingbesote, Oluwapelumi Zainab. "Covid-19 And Democratic Backsliding: : Citizens’ Perception of Democracy and Human Rights in Nigeria." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-104637.
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Chimni, Ravinder Singh. "The modern language of the law of nature : rights, duties and sociality in Grotius, Hobbes and Pufendorf." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0023/NQ50130.pdf.
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Syed, Ghazal. "Perceptions of identity, rights and duties : insights from students' reading of fiction at a university in Pakistan." Thesis, University of York, 2016. http://etheses.whiterose.ac.uk/16930/.
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This project investigates university students’ perceptions of identity, rights and duties in relation to four novels they study as part of their curriculum. The context of the study is an English department at a public-sector university in Sindh, Pakistan. The main research question that guides this study is, What perceptions of identity, rights and duties are held by a sample of undergraduate students in Pakistan in the context of their study of fiction? Semi-structured interviews and classrooms observations were used as the research instruments. Rosenblatt’s (1938/1970, 1978/1994) reader-response framework and Cogan’s (1998) model of citizenship are used as theoretical frameworks guiding this study. Following feasibility and pilot studies, data for the main study was supplied by twenty-six participants through interviews, comprising three members of curriculum designing board, three teachers of fiction and twenty students of final year undergraduate class. Background and stimulus data was provided by two classroom observations. The key arguments based on findings of this study are that participants’ perceptions of identity, rights and duties included types and examples of citizenship themes discussed by Cogan as well as the themes particularly relevant to the participants’ context such as religion and caste issues. Furthermore, the participants discussed and connected to identity, rights and duties in the novels that were geographically, socially and temporally close in terms of their context which was as expected in light of Rosenblatt’s framework. I make recommendations for further research to explore the role of context in learners’ citizenship interpretations of novels along with other recommendations for research and professional practice.
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D'Amato, Giuseppe. "The duties and rights of tenants and landlords under Swiss and South African law - a comparative analysis." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19738.
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Includes bibliographic referencesIn comparison with other European and international countries, Switzerland has long had a relatively high proportion of tenants, and thus in the public consciousness been considered as the 'land of tenants'. In South Africa, on the other hand, data estimate that around 20 per cent of all households do in rent. However, this does not mean that nowadays the rental housing market in South Africa does not play as important a role as in Switzerland. Indeed, the case is precisely the opposite. Therefore, in order to make a considerable contribution towards the social well - being of the population for the rental housing market of both countries, a functioning rent legislation that enables the accessibility to rental housing in general, and guarantees the protection of the tenants without neglecting the legitimate interest of the landlords in particular, is crucial. Indeed, both countries, although having two different legal systems, can fall back on rent legislation that has been developed over several decades. To what extent the two rental legislations can currently be considered as progressive and practical will be examined with the help of this thesis by performing a comparative analysis of the principal rights and obligations of the landlords an d tenants , which are granted and imposed by each jurisdiction. Thereby, in order to gain a better understanding of these rights and obligations, not only is a minimum amount of knowledge about the essence of contracts between landlord and tenant required, but if necessary certain procedural aspects in connection therewith need to be considered. Accordingly, before looking concretely at the specific rights and duties of the renting parties in both countries alongside the determination of the applicable law, a brief introduction to the nature and formation of the contract between the landlord and tenant of each jurisdiction will be provided. With regard to the granted rights, particular attention will also be paid to the several solutions which are available to one contracting party in case of non - performance of the contractual and legal obligations by the other party. Finally, an assessment will be made on whet her the Swiss rent legislation can serve as a role model or basis for an improvement and further development of the South African rent legislation, and vice versa, by pointing out their similarities and differences, and strengths and weaknesses.
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Peterson, Christian Philip. "Wielding the Human Rights Weapon: The United States, Soviet Union, and Private Citizens, 1975-1989." Ohio : Ohio University, 2009. http://www.ohiolink.edu/etd/view.cgi?ohiou1242234040.
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Masterton, Malin. "Duties to Past Persons : Moral Standing and Posthumous Interests of Old Human Remains." Doctoral thesis, Uppsala universitet, Centrum för forsknings- och bioetik, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-122508.
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Genetic research has increasing power to analyse old biological remains. Biological traces of well-known historical persons can reveal personal information. The aim of this thesis is to investigate ethical concerns for the dead, within the biological, historical and archaeological sciences. In philosophy there is a long-running discussion on whether or not the dead can be wronged. The good name is proposed as a candidate of a posthumous interest. It is first of all argued that slandering per se can be wrong regardless of posthumous wronging of the dead. Secondly, the concept of change is investigated. It is argued that the property of having a reputation is a relational property. Hence a change in public opinion of a dead person, is also a change in the dead person’s reputation. The third contribution of this thesis is a constructive proposal for how a posthumous identity could be understood using narrative theory. Understanding identity through the life-story opens up the possibility of a gradual loss of identity after death, rather than absolute loss at the moment of death. Fragments of a person‘s narrative identity can persist in other peoples’ narratives, and for some historical persons, their narratives can be found long after their death. Finally, the implications of a remaining narrative identity for the dead are investigated in the area of archaeology and museumology. In the past 30 years, there has been increasing critique about present and past discriminatory handling of old human remains by archaeologists, in museums and in other institutions. Increasing numbers of requests have been made for repatriation or reburial of old human remains. Following an analysis of three current ethical guidelines in handling old human remains, changes to these guidelines are proposed based on a narrative method to a hypothetical claim of reburial.
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Johansson, Sophie. ""The Invisible EU-citizens" "De Osynliga EU-medborgarna"." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23329.
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Denna uppsats belyser problemet med användandet av begreppen EU-medborgare och EU-migrant, samt vad det är som avgör huruvida man skall bli betraktad som antingen det ena eller andra. Det råder fri rörlighet för alla EU-medborgare mellan medlemsstaterna, det skapar problem när grupper som rent juridiskt inte klassificeras som medborgare, och i stället klassificeras som migrant. Skillnaden mellan att vara EU-medborgare och EU-migrant är bland annat att det skiljer sig i åtnjutandet av det sociala skyddsnätet. Romer används som ett exempel genom hela uppsatsen då de har en historia som inte påminner om någon annan, samt för att det är ett aktuellt ämne i dagens EU. Genom en komparativ studie mellan två välfärdsstater, samt en diskursanalys där Benhabibs teori ”the rights of others” appliceras diskuteras huruvida alla inom EU kan åtnjuta de mänskliga rättigheterna. Benhabibs teori tydliggör nationalstaters rädsla gentemot det främmande och bekräftar att det sker en kränkning av de mänskliga rättigheterna när människor saknar medborgarskap. Slutsatsen av denna studie är att orsaken till att romska grupper ofta faller utanför det skyddsnät som finns är på grund av avsaknaden av subjektivitet. Nationalstater ser ofta romska grupper som icke-hanterbara och det smittar av sig på civilsamhället och den generella attityden gentemot romer är negativ.This thesis highlights the problem with the use of the concepts “EU-citizen” and “EU-immigrant”, as well as what determines whether someone should be considered one or the other. Since freedom of movement is granted EU-citizens between member states, problems arise when groups that technically do not qualify as citizens, but are classified as migrants, utilize the freedom of mobility. The difference between being classified as an EU-citizen vs an EU-immigrant is the differences in the ability to enjoy the social safety net provided by the state. The Roma people will be used as an example throughout the thesis, as the history of the group is unique, and it is currently a topic of discussion in the EU.Through a comparative study of welfare states, along with a discourse analysis utilizing Benhabib’s theory of ”the rights of others”, a discussion will examine whether everyone in the EU have the opportunity to enjoy human rights.Benhabib’s theory clarifies the nation state’s fears of that considered foreign and confirms the violations of human rights that occur when people lack citizenship.The conclusion of the study is that the reason Roma groups often fall outside the social safety net is because the lack of subjectivity of states. Nation states often view Roma groups as non-manageable, the perception rubs off on civil society and generates generally negative attitudes towards the Roma.
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Moore, Brendan J. "Personhood, Democratic Debate, and Limitations on Corporate Speech Rights." Ohio University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1338489386.
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Welker, Michael J. "A Thesis Entitled “The Fight for Civic Rights in America in The Progressive Era”." University of Toledo / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=toledo1290178364.
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Cantuaria, Patricia Lucia Martins Cardoso. "Using Sui generis systems and biopartnerships to provide protection for plant genetic resources : a balance of stakeholder interests, rights and duties; case study Brazil." Thesis, University of Nottingham, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364443.
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Albrahim, Mohammed. "The enforcement of directors' duties in the context of shareholders' rights protection : a comparative study between UK and Saudi law." Thesis, Lancaster University, 2016. http://eprints.lancs.ac.uk/85888/.
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Corporate governance has been the topic of intense research and policy debates over the past two decades. Clearly, the duties that directors owe to their company are a key component of corporate governance. These duties were introduced in an attempt to create a fair and balanced relationship between shareholders and directors. This balance is needed to regulate tensions between ownership and control of companies. Nonetheless, if directors’ duties are not enforced effectively then these obligations will probably have no real impact on corporate management. The key objective of the current thesis is to analyse and assess the enforcement actions under Saudi law that can be taken against directors in breach of their duties compare to their counterparts in UK. This is done in the hope of benefiting from other countries’ more advanced political, financial and legal institutions and avoiding any shortcomings identified in existing legal systems. The newly enacted Companies Law 2015 substantially reformed and modernised company law in the country, yet it has not made any significant inroads in regards to enforcing the duties of directors. It was found that the new legislation requires further amendment and revision. The study found that the text stipulating the duties of directors in Saudi law that directors' substantive responsibilities are observed, though certain aspects are clearly ignored or neglected. What is required henceforth is for directors under Saudi law to have a broader way of covering director actions and behaviour. Also, it was argued that if directors are in breach of their duty in Saudi Arabia then there is no effective legal course by which private actions can be initiated to punish or reprimand the wrongdoers. On the other hand, the author found that public enforcement actions are not only sufficient but more efficacious compared to private actions and enforcement. Therefore, this study proposes to a number of changes to existing Saudi Law and argues that the legal system in Saudi Arabia would benefit as a result.
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Genem, Suaad. "The right of self-determination of the Palestinians in Israel : a study in the light of international law." Thesis, University of Exeter, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369980.
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O'Donnell, Elizabeth A. "Woman's rights and woman's duties : Quaker women in the nineteenth century, with special reference to Newcastle monthly meeting of women friends." Thesis, University of Sunderland, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.311086.
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Kimura, Rikio. "Working with and between citizens and a neo-patrimonial government : how has an NGO's contextualised rights-based approach influenced Cambodians' agency in fulfilling their rights to development?" Thesis, University of Sussex, 2014. http://sro.sussex.ac.uk/id/eprint/50518/.
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Mainly from the perspective of transformative learning (TL), the thesis explores how the rights-based approach (RBA) by a Cambodian NGO has influenced rural citizens' agency in fulfilling their rights to development and, consequently, has brought about social change. The study was conducted in particular contexts where for the last decade there have been decentralisation reforms and land grabbing, both of which have come into existence as a result of the conjunction of neo-patrimonialism (as a patronage-based practice by the Cambodian government) and such global forces as the influences of aid donors and the increase in global resource demands. The literature indicates that RBA as a western-conceptualised and confrontational approach is not likely to work, especially in relation to the often authoritarian governments of developing countries. Hence, this study has chosen a Cambodian NGO—which has modified RBA to fit the rural context of Cambodia—as a case, so as to explore the potential and limits of RBA in a highly repressive and complex context. In order to explore the context-specific yet multi-scalar phenomenon of the agency and structure relationship, I utilised a grounded theory ethnographic study inspired by critical realism and employed the expanded framework of the TL theory, further complemented by the Freirean approach and Gramscian thought. Furthermore, in order to delve into how the exercise of citizens' agency is constrained by structures, this study also situates TL's rather active view of agency in the critical realist's moderate view of agency. This thesis argues that the Cambodian NGO, by working closely with government, has made full use of and further widened the democratic spaces made available through decentralisation, in order to create spaces conducive to TL, and has harnessed its multi-faceted and process-oriented rights-based empowerment approach in order to enhance citizens' agency to claim their rights. However, the thesis critiques the fact that the NGO has not enabled citizens to become aware of and to contend against the deep-seated practice of neo-patrimonialism that is hidden behind the democratic façade of the decentralisation process and that has engendered land grabbing, with the result that the NGO has been promoting 'thin' rights. Finally this study reveals the possibilities of TL through RBA in the highly oppressive and resource-scarce context of rural Cambodia, yet casts doubt on its replicability as it appears to demand the mobilisation of a number of enabling factors in order for TL to occur within such a context.
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Gibson, Dana M. "State Authority versus Citizens’ Rights: An Analysis of Police Use of Deadly Force Regulations and their Implications for Ferguson." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/987.
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The recent shooting of unarmed teenager Michael Brown by police officer Darren Wilson in Ferguson, Missouri rekindled the age-old debate of how the authority of the state to enact the law and guard public safety, specifically in terms of police use of deadly force, ought to properly be balanced against citizens’ rights. The social consequences of this incident illustrate the profound importance of policy governing this issue. This thesis provides an analysis of the governing Supreme Court precedent which informs this issue, as well as the state statutes of Missouri and the police department regulations of Ferguson, Seattle, Denver, and New Hampshire which govern the police use of deadly force. The application of these standards to varying scenarios of the Ferguson shooting serves to demonstrate how these standards operationalize and highlights the discrepancies that exist across jurisdictions in terms of restricting and evaluating police use of deadly force. Ultimately, ambiguity in the current standards, incongruities and difficulties in their implementation, as well as significant concerns of inherent injustice lead to the conclusion that the police use of deadly force should be limited to instances in which such force is necessary to protect human life or prevent serious physical injury.
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Berneri, Chiara. "The movement and residence rights of third country national family members of EU citizens : a historical and jurisprudential approach." Thesis, City, University of London, 2014. http://openaccess.city.ac.uk/18070/.
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Granting family residence rights to third country national EU family members is a controversial issue that has been the object of a lively debate, especially in recent years. The debate has been particularly focused on the role played by the Court of Justice of the European Union in deciding cases involving EU citizens and their third country national family members. The Court has been criticized for inconsistent judgments and providing a lack of legal certainty. The object of this thesis is to analyse the intricate jurisprudential scenario of family reunifications between EU citizens and third country nationals. In order to do so I will place the Court’s case law in its broader historical context. Through my analysis, I will show how the phenomenon of family reunification between EU citizens and third country nationals is the fruit of a development that, starting from the legislation of the first post World War II era reached its climax in the more recent judgments of the CJEU. Using a historical prospective, I will outline that the original meaning of the first family reunification legislative provisions, their more recent CJEU interpretation and the new application of the concept of EU citizenship find their ground on specific trends that have characterized the process of European integration for years. I will look in particular at the development of the Common Market project, focused on eliminating obstacles that would hinder the right of free movement of workers and at the strengthening of the rights deriving from the EU citizenship status. I will also show how since the oil economic crises these two currents begun to clash with the stricter immigration policies adopted by some Member States. I will argue that the approach of the Court can be better appreciated when placed at the interplay of this clash.
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Covaciu, Andra-Iustina. "Missing out on childhood - the impact of natural disasters on Haitian children's rights." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21723.
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Children’s rights are human rights, regardless their vulnerability and dependence on adults. However, the situation of children’s rights in Haiti has always been delicate and it became even more fragile in the aftermath of the 2010 Earthquake and the 2016 Hurricane Matthew. Within this paper, the sociology of disaster theory together with case study and legal analysis as methods aim at analysing the effects of the two natural disasters on Haitian children’s rights. The paper also seeks to understand whether any differences could be noticed between the outcomes of the two catastrophes as well as to analyse the international and national institutional response to the aforementioned disasters. It is concluded that the two natural disasters had an enormous impact on the most important rights of Haitian children. Not many differences could be noticed, between the two events, and regardless the aid provided by the international community, Haitian children’s rights are still neglected, as we speak.
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Waldman, Lorne. "The limits on a state's right to exclude and expel non-citizens under customary international and human rights treaty law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ54071.pdf.
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Iswandi, P. "The rights and duties of states in the airspace adjacent to their coasts : reflections on the U.N. Convention on the Law of the Sea." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=64470.
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Janke, Christine. "The Right to Food and Negative Duties: The urgency of an alternative approach toward hunger amidst an overbearing institutional order." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21494.
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Hunger currently plagues over one billion people around the world, leaving mainly women, children and rural communities in post-colonial developing countries unable to obtain their most basic need for nutrition. The fundamental human right to food is found to be a complex human right involving a combination of both positive and negative duties by states and international institutions in order for its guarantee. Hunger is not only remediable but is highly preventable. Main causal factors of hunger are outlined, with a focus on Thomas Pogge’s claim that coercive international institutions are largely responsible for world poverty. In this way, global institutions are responsible not to cause harm in their economic policies and unfair trade rules in order for individuals to obtain economic access to food and thus remedy their hunger.
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Nees, Scott. "Pogg'es Institutional Cosmopolitanism." Digital Archive @ GSU, 2010. http://digitalarchive.gsu.edu/philosophy_theses/69.
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In his landmark work World Poverty and Human Rights, Thomas Pogge offers a novel approach to understanding the nature and extent of the obligations that citizens of wealthy states owe to their less fortunate counterparts in poor states. Pogge argues that the wealthy have weighty obligations to aid the global poor because the wealthy coercively impose institutions on the poor that leave their human rights, particularly their subsistence rights avoidably unfulfilled. Thus, Pogge claims that the wealthy states' obligations to the poor are ultimately generated by their negative duties, that is, their duties to refrain from harming. In this essay, I argue that Pogge cannot successfully appeal to negative duties in way that would appease his critics because his notion of a negative duty is seriously indeterminate, so much so as to compromise his ability to plausibly appeal to it.
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Swaby, Gerald. "A critical examination of the disproportionate rights and duties of insurers and insured vis-à-vis good faith, fraud and the settlement of insurance claims." Thesis, University of Huddersfield, 2016. http://eprints.hud.ac.uk/id/eprint/30181/.
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Over the last 250 years, insurance law has become insurer biased to the detriment of consumers and modern business. Codification of judicial precedents and business practices resulted in the Marine Insurance Act 1906. There have been two attempts since the late 1950s to recommend changes, with reviews made by the English Law Reform Committee and the Law Commission in 1980. In the late 1970s, the insurance industry bought itself out of the Unfair Contract Terms Act 1977. In 1981, non-legal changes came gradually with the introduction of the Insurance Ombudsman Bureau, which took account of the law but followed best practice. With each decade that has passed, changes in practice have deviated away from the strict legal position. The insurer no longer has an agent to arrange policies, collect premiums and complete claims forms. The late 1980s and early to mid-1990s saw the introduction of distance selling via the telephone. The late 1990s, and early into 2000, saw the massive boom in Internet sales, with search engines focused on finding the best competitively priced quotes from insurers; however, the reforms that were needed still did not occur. The Marine Insurance Act 1906 still applied and formed the basis of insurance law for many common law countries which copied the statue verbatim. As a result, these countries also had similar problems as those suffered by the insured in the UK; however, some have undergone bold reforms, as in the case of Australia, unlike the UK, which has lagged behind significantly. The Scottish Law Commission and the Law Commission instigated a joint root-andbranch review of insurance law in 2006, as a result of a British Insurance Law Association paper (Insurance Contract Law Reform and Recommendations to the Law Commission (2002)) that highlighted the discrepancies in the law towards the insured. Unfortunately, however, the Commissions chose to focus on only certain areas. This thesis does not cover these aspects. It is concerned, however, with what could broadly be termed 'good faith', the corresponding duties vis-à-vis the insured and the insurer pre- and post-contract where the insured suffers disproportionately due to the way the law has developed pro-insurer biased. This body of work supporting the award of a PhD examines these corresponding duties where the articles form a basis of a contemporary, critical examination of these duties, and develops suggestions as to how the joint Law Commissions of England and Scotland should have approached changes.
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Matshakaile, Thabani Nkosiyapha. "Access to justice for non-citizens : a constitutional analysis." Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/86576.
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Thesis (LLM)--Stellenbosch University, 2014.ENGLISH ABSTRACT: The rights entrenched in the Bill of Rights in South Africa’s final Constitution are, with a few exceptions, guaranteed to citizens and non-citizens alike. South Africa has seen an influx of migrants, asylum seekers and refugees since 1994, and this migratory movement has posed significant challenges to the post-apartheid legal order. This thesis is concerned with the State’s implementation of its constitutional obligations to protect and guarantee the constitutional rights of everyone within the borders of South Africa. It is important that these constitutional obligations do not remain mere aspirations but should translate into reality. Most non-citizens living in South Africa face numerous barriers to accessing justice and the processes that could enable them to realise their rights. The thesis examines the concept of “access to justice” and investigates a number of obstacles encountered by different categories of non-citizens – such as refugees, asylum seekers and documented and undocumented migrants – in trying to access justice and to realise their rights. Against this background, arrest, detention and deportation under the Immigration Act and Refugees Act are examined because these processes have often been abused by State officials to prevent non-citizens from accessing the rights and protections guaranteed in these Acts and the Constitution, and to frustrate the implementation of court orders vindicating the rights of non-citizens. The application of the Immigration and Refugees Acts is discussed through the lens of sections 12(1), 33, 34 and 35(2) of the Constitution which ensure that arrest, detention and deportation are done in a lawful and procedurally fair manner, as opposed to the arbitrariness that most non-citizens experience on a daily basis. Secondly, the thesis also examines access to justice for non-citizens in the context of xenophobia and bias based crimes. The State has in the past failed to respond in a coordinated and timely fashion in the face of violent manifestations of xenophobia. Against this background, the State’s obligation to protect non-citizens from violence from either public or private sources in terms of section 12(1)(c) of the Constitution is discussed and analysed. The role, accessibility and effectiveness of Equality Courts are also examined in light of the Promotion of Equality and Prevention of Unfair Discrimination Act and the cases that were brought before them emanating from xenophobic incidents. The thesis concludes with proposals on areas which require better implementation of existing laws; and areas in which legislative reform is needed.
AFRIKAANSE OPSOMMING: Die regte wat in die Handves van Regte in Suid-Afrika se finale Grondwet veranker is, word op enkele uitsonderings na vir burgers en nie-burgers gewaarborg. Sedert 1994 het Suid- Afrika instroming van migrante, asielsoekers en vlugtelinge beleef, en hierdie verskuiwing het wesenlike uitdagings aan die post-apartheid regsorde gestel. Hierdie tesis is gemoeid met die Staat se implementering van sy grondwetlike verpligting om die grondwetlike regte van almal wat hul binne Suid-Afrika se landsgrense bevind, te beskerm en te waarborg. Dit is belangrik dat hierdie grondwetlike verpligtinge nie blote aspirasies bly nie, maar ’n werklikheid word. Die meeste nie-burgers wat in Suid-Afrika woon staar talle hindernisse in die gesig wat dit vir hulle moeilik maak om toegang tot geregtigheid te verkry en om hul regte te verwesenlik. Die tesis ondersoek die begrip “toegang tot geregtigheid” en bekyk aantal struikelblokke in die weg van verskillende kategorieë nie-burgers – soos vlugtelinge, asielsoekers en gedokumenteerde en nie-gedokumenteerde migrante – wat toegang tot geregtigheid probeer verkry en hul regte probeer verwesenlik. Teen hierdie agtergrond word arrestasie, aanhouding en deportering ingevolge die Wet op Immigrasie en die Wet op Vlugtelinge ondersoek, aangesien hierdie prosesse dikwels deur staatsamptenare misbruik word om nie-burgers te verhinder om toegang te verkry tot die regte en beskermings wat in hierdie wetgewing en in die Grondwet gewaarborg word, en om geregtelike bevele wat die regte van nie-burgers afdwing, te verydel. Die toepassing van die Wet op Immigrasie en die Wet op Vlugtelinge word deur die lens van artikels 12(1), 33, 34 en 35(2) van die Grondwet bespreek, wat probeer verseker dat arrestasie, aanhouding en deportering op regmatige en prosedureel billike manier geskied, in teenstelling met die willekeur wat nie-burgers op daaglikse basis ervaar. Tweedens ondersoek die tesis toegang tot geregtigheid vir nie-burgers in die konteks van vreemdelingehaat en misdade wat op vooroordeel gebaseer is. Die Staat het in die verlede in gebreke gebly om in die aangesig van gewelddadige manifesterings van vreemdelingehaat op gekoördineerde en tydige manier te reageer. Die Staat se verpligting om ingevolge artikel 12(1)(c) van die Grondwet nie-burgers teen geweld van hetsy openbare hetsy private oorsprong te beskerm, word bespreek en ontleed. Die rol, toeganklikheid en doeltreffendheid van gelykheidshowe word ook bespreek in die lig van die Promotion of Equality and Prevention of Unfair Discrimination Act en die sake wat deur hierdie howe beslis is wat uit xenofobiese voorvalle voortspruit. Die tesis sluit af met voorstelle oor terreine waar beter implementering van bestaande wetgewing benodig word, asook terreine waar wetgewende hervorming verlang word.
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Muftic, Lamija. "Protection of human rights in the case of immigration related detention in the EU: Between international law and international relations." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22392.
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The aim of this thesis is to explore the relation between the extent of abidance to human rights international law provisions in regard to the detention of immigrants in the countries of EU, and the motivations for doing so, as presented in the international relations theories. The principal research question is: Why are immigrants facing problems in obtaining human rights in the context of immigration related detention? The answers are implicitly found in the answers to the underlying question: Why do states crate and obey international law? Methodologically, the problematic is approached through the theoretical analysis of International Relation theories: Realist, Institutionalism, Liberalism and Constructivism. Each of these theories provides different factors as explanatory for the actions of the states, respectively: power, existence of institutions, interest of individuals and social practices. National law remains the key system in the protection of rights due to its enforceability. Despite the existence of provisions relating to the rights of aliens, national law primarily protects the rights of nationals. From the second half of the 20th century international law has developed rapidly and has influenced the development and advancement of human rights and standards. However, due to the lack of strength in its enforceability, its application is dependent of the political interest and motivation of individual states, both in their inclusion of international law provisions into their national legal systems and its enforcement, and in the use of the constellation of power in international relations in applying pressure on other states to do the same. Entities like European Union bring a new quality to this problematic, given its specific legal structure that has influenced the rethinking of national sovereignty as the uncontested authority in creating and abiding the law. Nonetheless, provision and protection of individual's rights remains tightly knit to and dependent upon citizenship.
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Valiūnė, Renata. "VAIKO TEISĖS IR PAREIGOS: 7 - 8 KLASIŲ MOKINIŲ POŽIŪRIO EDUKACINIS TYRIMAS." Bachelor's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100903_164600-14174.
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Šiuo baigiamuoju bakalauro darbu siekiama analizuoti vaiko teises ir pareigas, jų svarbą bei vaidmenį vaiko gyvenime. Taip pat nustatyti, ar iš tiesų vaikai piktnaudžiauja savo teisėmis ir nežino savo pareigų. Mokslinės ir pedagoginės literatūros analizė leidžia daryti tokias išvadas, jog vaikų teisių pažeidimai ir smurtas prieš vaikus turi pasekmių tolimesniam jo gyvenimui, savęs vertinimui ir sąveikai su aplinkiniais. Moksliniuose darbuose akcentuojama tai, jog įtraukti vaiko teisių ir pareigų mokymą į visas mokykloje vykstančias pamokas ne tik įmanoma, bet ir būtina.
Tyrime „7 – 8 klasių mokinių požiūris į vaiko teisių ir pareigų reikšmę vaiko gyvenime“ dalyvavo 114 7 – 8 klasių mokinių iš dviejų Šiaulių pagrindinių mokyklų. Respondentai buvo tiriami pasitelkiant anketinę apklausą. Anketoje pateikta 15 mišrių klausimų, respondentai apklausti gavus mokyklų vadovų sutikimus.
Tyrimo metu nustatyta, kad tik nedaugelis vaikų žino savo teises namuose ir mokykloje. Dauguma jų teises sutapatina su pareigomis arba nesugeba įvardinti savo teisių. Taip pat nustatyta, kad didžioji dalis apklaustųjų gerai žino savo pareigas namuose ir mokykloje, o geriausias pareigingumo pavyzdys jiems yra tėvai ir mokytojai. Tyrimas atskleidė ir tai, kad dauguma apklaustųjų suvokia, kokia atsakomybė gresia žmonėms, pažeidusiems jų teises. Be to, suvokia ir savo atsakomybę, jei nevykdys pareigų namuose ir mokykloje. Galiausiai, tyrimo duomenys atskleidė, jog vaikai teikia nežymiai didesnę reikšmę savo... [toliau žr. visą tekstą]This ending bachelor work is concentrated on analysis of children rights and duties and importance and role of them in child’s life. Moreover, to find if it is true that children are misusing their rights and do not realize their duties. Analysis of nonfiction and pedagogical literature allows to infer that flouting of children rights and violence against child causes a serious damage to the rest of his life, self-evaluation and interaction with people round about. Studies emphasizes the fact that teaching about children rights and duties should be included in every subject at school. It should be not just a possibility, it should be a necessity. Research called “7 – 8 grade students’ attitude to children rights and duties and their meaning in child’s life” comprehended 114 7 – 8 grade students of two Shiauliai basic schools. Respondents where investigated by involving a questionnaire of 15 open and closed type questions. Respondents were investigated with agreement of school directors. During the investigation it was founded that jus a few children knows their rights at school and home. Majority of students are inclined to identify their duties as rights and cannot define children rights. On the other hand it was founded that most of respondents know their duties at home and school quite well. The best leads of dutifulness for children are their parents and teachers. Moreover, investigation helped to find the fact that majority of students realize what kind of... [to full text]
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Allard, Christina. "Two sides of the coin - rights and duties : the interface between environmental law and Saami law based on a comparison with Aoteoaroa/New Zealand and Canada /." Luleå : Luleå tekniska universitet/Industriell ekonomi och samhällsvetenskap/Samhällsvetenskap, 2006. http://epubl.ltu.se/1402-1544/2006/32/.
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Rolph, Stephanie Renee. "Displacing race white resistance and conservative politics in the civil rights era /." Diss., Mississippi State : Mississippi State University, 2009. http://library.msstate.edu/etd/show.asp?etd=etd-03252009-203932.
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Mandlate, Aquinaldo Célio Tomás Samissone. "Assessing the implementation of the Convention on the Rights of the Child in Lusophone Africa (Angola and Mozambique)." University of the Western Cape, 2012. http://hdl.handle.net/11394/3046.
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