Dissertations / Theses on the topic 'Égalité des sexes – Droit – Vanuatu'
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Mosses, Morsen. "La rencontre entre les droits fondamentaux, notamment le droit à l'égalité des femmes et la coutume: le cas du Vanuatu comme exemple de pluralisme juridique." Doctoral thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/26626.
Full textLike its neighbouring Island Countries, Vanuatu is experiencing a situation of legal pluralism where several legal orders or legal systems (customary law, colonial law, statutory law) coexist. Based on an exegetical analysis, but more fundamentally on a feminist methodology, the thesis attemps to show that this legal pluralism constitutes, in many cases, an obstacle to human rights and also to international obligations of these Pacific Island Countries in the matter. Concerning the situation of women, the feminist methodology shows us that the law as a whole (legal system, legislation, case law and State institutions) and the customary law in particular are ineffective in some areas such as the one of the family, among other things, because they create inequalities and discriminations towards women or because they maintain the inequalities that have already existed between women and men. By doing so, the law not only perpetuates the subordination of women, but also maintains the domination of men. Like the feminist jurists however, we consider that the law cannot be put aside since it can constitute a powerful tool for social change. Thus, in the proposed solution to the issu observed, the thesis insists not only on the necessity of reaffirming the principle of universality of human rights (and also women’s right to equality), but it also proposes an innovative interpretation of the right to equality based on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Canadian jurisprudence to better protect human rights, notably women’s rights in Vanuatu and in the Pacific region. The thesis also recommends the establishment of a national mechanism of human rights following Québec model considering the good performance of the province in terms of the protection and promotion of women’s rights. We thus hope that this thesis contributes to the advancement of knowledge in law by calling into question the existing legal order (or the neutrality of law) from a point of view centered on women and by putting forward an innovative interpretation of the right to equality in order to change or to improve the social relations between women and men in Vanuatu and in the Pacific region.
Micou, Evelyne. "L'égalité des sexes en droit privé." Perpignan, 1993. http://www.theses.fr/1993PERP0155.
Full textIn this thesis centred on french private law but supported by elements of compared law. The equality between men and women is considered through professional and family relationships. This numerous references are also made to penal law and international private law. This survery claims to be objective and aims - in the first partto recall the evolution that has come about, to record the means the legislator used to initiale legal equality between and women underlining the effectiveness but pointing out the limits too. The evaluation of legislative intervention, the revealing of legal and practical obstacles reducing the realization of equality between men and women are used as a medium in the second part. The concept of sex equality is studied and analyzed showing chose exemples to suggest an organization of the different technics used by the legislator or intented to be used by him. This organization would be more propitious to favour this equlality
Hammer-Bodelet, Sarah. "L'égalité des sexes en droit international privé." Rouen, 2008. http://www.theses.fr/2008ROUED005.
Full textThe principle of equality between men and women has been jeopardized through the rules of international private law. Actually, these rules recommend to attach the personal status of foreigners to their national law. On the other hand, the principle called attenuated public order exception allows the exequatur of foreign judgements even if they violate the French public order. Now, with the arrival and the settlement in France of Muslim people, the French judge has to face up with institutions that violate the principle of equality. That is the case with polygamy, repudiations and children custody. This work analyses the stance of the French tribunals and of the doctrine in respect with these institutions and the ways they uses to greet or to reject them. It eventually demonstrate that France must reject all these institutions by attaching the personal status to the law of the domicile
Jame, Shadi. "Le régime de la nationalité en droit syrien et en droit français : étude de droit comparé entre domination coloniale et droit international contemporain." Nantes, 2010. https://archive.bu.univ-nantes.fr/pollux/show/show?id=5e79d3da-f17a-45c4-9f09-c061d198569a.
Full textThe nationality is considered as the political and legal bond between the individual and the State. It is very important for the life of the individual, the State and the international community. In fact, the nationality determines the political status of the individuals (the civil rights) along their life and distinguishes them from the foreigners. The Article 15 of the Universal Declaration of Human Rights 1948 states that "everyone has the right to have a nationality" a principal right attached to the individual in his personal life: without having this nationality he will not be able to acquire his essential rights of life. Today’s world is increasingly globalized where the contemporary societies interact easily and continuously. In this context comparative law makes it possible to better understand the issues relating to nationality, and more particularly to deal with the issues such as the nationality of children, equality between men and women, dual nationality and that of statelessness. This thesis deals with a study of comparative law between the French and Syrian nationality law. It underlines the influence of French law on the Syrian law in particular during the French mandate in Syria (from 1924 to 1951) and the constraints of international law. Syrian law of nationality has not changed since 1969. This study intends to propose several directions to allow this law to evolve in a more consistent way
Aurouet-Himeur, Aurélie. "L'égalité professionnelle homme-femme : étude de droit français et algérien." Thesis, Tours, 2013. http://www.theses.fr/2013TOUR1001/document.
Full textOur century established the principle of professional equality between women and men. A comparative study in France and Algeria, two distinct legal systems, allows us to underline both theoretical and practical aspects. Can the distinction between East and West impact on the achievement of professional equality between the sexes? Another study reveals a clear convergence. Legal equality between the sexes is recognized in french and Algerian law (Part 1). The pervasiveness and complexity of the concept will be shown. Ensues international and national recognition of the principle, which was to ignore the cultural considerations. However the findings of unegalitarian situations remain. Although the principle is extended, the relative significance of the principle asserts (Part 2). The search for a social balance between men and women progresses in order to ensure effective the principle
Fondimare, Elsa. "L'impossible indifférenciation : le principe d'égalité dans ses rapports à la différence des sexes." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100070.
Full textMany political and legal discourses express today the fear that the equality principle would threaten the difference of sexes. Reforms such as the opening of marriage to same-sex couples, the fight against gender stereotypes or the facilitation of the sex reassignment procedure, generated strong reactions that offer vigorous resistance in order to maintain the difference of sexes in law. It is true that the equality principle has been constructed, throughout the 20thcentury, as an exigence of neutrality between the sexes, particularly through the statement of the non-discrimination principle. Therefore, the link between the equality principle and the difference of sexes has been built as a relation of opposition. However, such a political project comes up against the impossibility for the law to put an end to the difference of sexes. In fact, the law cannot depart from gender, for two main reasons: firstly, the law takes into account the difference of sexes in order to tackle inequalities; secondly, the law itself produces the difference of sexes, through the rules dealing with civil status and filiation. The relations between the equality principle and the difference of sexes appear here contradictory: on the one hand, the evolution of the conception of equality leads to admit the difference of sexes in order to deal with gender inequalities (relation of admission) whereas, on the other hand, the difference of sexes is excluded from an analysis in terms of equality, reinforcing the basis of gender inequalities (relation of exclusion)
Konuma, Isabelle. "Le statut juridique de la femme mariée en droit japonais de la famille." Paris 7, 2008. http://www.theses.fr/2008PA070087.
Full textWith the reception of Western legal Systems by Japan in Meiji era (1868-1912), law entered the family and invariably began to define its ideal mode! and that of the wives. In tact, marked as they were by the emergence of ie family institution under Meiji family law (1868), the wives underwent many unequal regimes which were abolished in 1947, when some equality was at least formally introduced within the married couple. Today, Japanese society is confronted to marriage and birth crisis which is spreading, known as « family crisis ». Nevertheless, before using the word « crisis », it seems important to define precisely what is said in crisis and in this way to find out the different stages up to today statute of married women. Then we can see a « modernisation » process of the family by law, a process which appeared in several ways, like in the introduction of monogamy, the keeping of a patriarchal System within the family, the appeal to sexual equality, that is to say in aspects which were often very far from social reality, which could not express but through « family crisis »
Rubel, Nathalie. "Sexe et laïcité : l'égalité sexuelle comme critère fondamental de laïcité du droit." Phd thesis, Université Charles de Gaulle - Lille III, 2009. http://tel.archives-ouvertes.fr/tel-01025498.
Full textGosselin, Jessica. "Analyse différenciée entre les sexes, gouvernance et progression égalitaire : étude de la compatibilité du droit constitutionnel canadien aux obligations relatives à l'égalité par l'exemple du Plan Nord." Thesis, Université Laval, 2014. http://www.theses.ulaval.ca/2014/30626/30626.pdf.
Full textThis study purports to analyze the government of Quebec’s obligations with respect to sex-based equality in the elaboration of the PLAN NORD. We address this issue with an approach combining the State’s obligations resulting from the right to sex-based equality in Canada, the governance issue raised in major projects such as the PLAN NORD and the implementation of gender-mainstreaming analyses as a means to achieve substantive equality. We take the position that the right to sex equality guaranteed under Section 15 of the Canadian Charter of Rights and Freedoms imposes on the State a positive obligation to act. This conclusion is supported by Canada’s international agreements, social policies favoring the implementation of gender-mainstreaming analyses and the often reiterated position of the Supreme Court of Canada pursuing substantive equality. Gender-mainstreaming is presented as to be the subject of a formal constitutional recognition and as a means to achieve equality in Canada.
Berger-Beche, Stéphanie. "L'organisation de la protection juridique des femmes victimes de violences." Lyon 3, 2004. http://www.theses.fr/2004LYO33016.
Full textThe women are particularly exposed with certain forms of violence. Under the terms of ONU General Assembly's Declaration 20th December 1993, this means the acts of violence directed against the female sex and causing or being able to cause to women an injury, a damage or physical, sexual or psychological sufferings, including the threat of such acts, the constraint or the arbitrary deprivation of freedom, whether in public life or in private life. It is within their love life that the women undergo the most psychological, physical and sexual violences. The concept of violence is broad since it includes at the same time the physical aggressions and the psychological pressures. This is particularly true about sexual violences which from now on include behaviours that don't require any physical contact between the author and the victim. These violences cannot be regarded as simply accidental in the relation between individuals but they must rather be apprehended like resting on historical, cultural, social and psychological factors. Indeed, each society invents cultural constructions which combine variously the female kind and the masculine kind. Thus, more than violences undergone by the women, it is a question of treating violences undergone by the female kind. This is why, to fight as well as possible against violences undergone by women, it is advisable to gum any trace of inequalities. Initially, a strict equality between men and women were stated. But the proclamation of the formal equality appeared insufficient for a concrete realization. That's why, for a few years, a specific policy in favour of women - including positive actions in their favour - has been developed. The protection of the women also passes by the criminal sanction of the author. This assertion can appear curious insofar as the first finality of the criminal sanction consists more in punishing the delinquent than in protecting the victim. However, the infringements indicate always more specifically the personal impact undergone by the victim. Moreover, for a few years, to place the victim in the centre of criminal procedure has become one of the top priorities of the legislator
Rajasingam, Pathiraj Valérie. "Les atteintes au corps féminin." Paris 8, 2008. http://www.theses.fr/2008PA082950.
Full textThis study concerns actual questions in physical acts of violence towards the women. The legislator was intervened again and again to suppress acts of violence made to the women, like female genital mutilations, forced pregnancy, intimate partner violence, sexual harassment at job, sexual exploitation, procuring and rapes with differentiation between rape in peacetime and in times of war. These physical attacks are volunteers and make obstacles to the realization of the objectives of equality between sexes. Violence against women is a serious obstacle to equality between women and men, and perpetuates inequality. Domestic violence is also very serious. Violence has severe health consequences for the affected, it is a social problem. The recognition and respect throughout Europe for the equal dignity and integrity of both women and men are major objectives
Adeline, de Boisbrunet Ludovic. "Les femmes dans la magistrature depuis 1945." Paris 2, 2002. http://www.theses.fr/2002PA020026.
Full textFarine, Elise Caroline. "De l’identité juridique de la femme : approche technique et philosophique de droit privé contemporain." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0212/document.
Full textThe notion of identity involves the presuppositions of private law withwhich the trend is marked by some «genericisms». That means conceptions who limitthe human gender's definition in specific and abstract features and withoutconsidering the sexually differentiated peculiarities. Nevertheless, the subject of rightwhen it's a feminine subject implies the considering of sexual characteristics, whichcannot be the same that those of the male subject.On the pretext of the gender equality, the right submits then the society to astandardization of the divergent interests and peculiar to every sex. It is then aquestion of showing at the same time the contribution of these conceptions, but alsotheir limits and thus the necessity of opening to the requirement of more«universalist» conceptions. Indeed, it must be demonstrated that only a universalitycan guarantee the recognition of the peculiarities and the feminine differences, suchas a feminine legal identity would admit it. If this study will face diverse currents andauthors of philosophy of the right, it will take for starting point the substantive lawestablished in its various disciplines, the criminal law with certain aspects of the laborlaw or the insurance law.The interest of the question is to allow a more precise evaluation of thequalifications around the woman as the subject of singular right, and by integratingthe contemporary criticisms, who were able to show the insufficiency of a simplygeneric thought to deal with questions so grave as the sexual differentiation in thecivil or labor law- criticisms who, however, hardly accepted the epistemological wayof the philosophy of the right in its specificity
Amelot, Adélaïde. "La loi des femmes : La parité au Sénégal : représentations, enjeux et stratégies." Thesis, Paris Est, 2011. http://www.theses.fr/2011PEST0040.
Full textIn May 2010, the government of Senegal passed a law instituting parity between men and women. The purpose of this work was to question how and why the introduction of the principle of parity in law constituted a political challenge for the female emancipation movement. Like many policies relevant to women, the law on parity is officially justified by the necessity of implementing a gender-based approach. We then examined the ability of gender, as it has been established in the West, to reflect the organisation of social relationships between the sexes in Senegal. The gender category emerged in the West in the middle of the last century as a reflection of the upheavals both in the relationships between men and women and in the social depictions related to the differentiation of the sexes. The intellectual, cultural and socio-historical questioning of the thesis then led to deconstructing the concept of gender with the aim of highlighting the social, political and cultural impulses that supported it. It then analysed how gender, as a construction of the power relationships between men and women, expressed itself in Senegal. What was the link there between power relationships between the sexes and relationships to power? How did gender, as expressed in Senegalese society, encounter gender as the intellectual and political elite constructed it as a category? This enquiry was prepared in support of the mobilisation in favour of enacting parity in law in order to highlight the issues that were apparent
Choron, Juliette. "Le droit des femmes à la participation à la vie politique et publique en droit international." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10047.
Full textParity democracy is a goal shared by the International Community. The construction of the women's right to participation in political and public life is part of the logic of the principle of equality between men and women and respond both to a neutral and a gender approach of subjects of rights. This right of women to participate in the decision-making process is also one of the conditions of a genuine democracy, which implies a balanced participation of men and women and a taking into account their interests and needs. In practice, women are still under-represented at all levels of the decision-making. In order to move towards parity democracy, measures are therefore essential. Some belong to an equality of opportunity approach, while others go further in realizing equality of result. The follow-up of progress which occurs through a variety of mechanisms, also respects the distinction between neutral or gendered system. Unlike the second type, which places women at the heart of the process, the first appears to be less accurate and detailed in the analysis and recommendations making
Oualaiz, Hanane. "L'évolution du statut personnel de la femme au Maroc : entre la loi de Dieu et les droits de l'homme." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10034.
Full textThe evolution of the personal status of the woman in Morocco knew these last years an important evolution, indeed, in 2004 a code of the family was adopted and replaces the moudawana old. Substantial innovations were adopted dedicating the principle of equity between the man and the woman. So, the age of the marriage was fixed to 18 years for both sexes, the rule of the obedience of the wife to her husband is abandoned, the abandonment of the guardianship, indeed, in the new texts, the woman needs no more guardian ( wali ) to get married, the polygamy, was made also almost impossible, placed under a strict judicial review for exceptional situations, she implies(involves) the agreement of the first wife. The divorce is a law recognized by both spouses under the judicial review For exceptional situations, she implies the agreement of the first wife. The divorce is a law recognized by both spouses under the judicial review. The new code of the family came to restore the balance with in the family. This reform of the right of the family for Morocco was elaborated at the instigation of King Mohamed VI with the concern(marigold) to conform to the international treaties signed by Morocco, in the respect for the Moroccan cultural traditions based(established) on the right Muslim. Nevertheless, Morocco is not the only Country to have reformed its law of the family, Algeria (in 2005) and Egypt (in 2000) also proceeded to the reform of their law of the family but to a lesser extent that Morocco. That is why, the study of the Moroccan personal status will be approached first of all because he constitutes the example of a legislation which incorporated rules of the traditional doctrine into a modern envelope
Jamai, Assia. "Le principe d’égalité homme-femme. Analyse critique de l’influence du système juridique français sur le système juridique tunisien." Thesis, Université Côte d'Azur, 2021. https://theses.univ-cotedazur.fr/2021COAZ0001.
Full textThe principle of equality between men and women has been the subject of several studies to date. The one that will be read proposes to study the influence of the French legal system on that of Tunisia.1 - The degree of influence of the French system on the Tunisian system is real, it leads to a divergence of positions and content of the law and thus reveals the existence of conflicting relationships between the systems. Thus, whether positive or negative, the formulation of the principle of equality between men and women remains ambiguous. Moreover, this principle must also be embodied. Yet, how can French and Tunisian positive law embody this principle when it does not enshrine specific provisions formally defining it? The latter can be presented as a component of the principle of equality. A priori, the Tunisian and French legal systems only proclaim this right by attributing to it, each time, a particular field of application.2 - It is to take into account this complexity and these inadequacies on both sides, coming from history, that we have chosen a critical method, of structuralist inspiration. This choice is explained by several overlapping reasons. In fact, several dimensions of the analysis of the influence of the French system on that of Tunisia. The equivocal nature of the principle led us to call upon structural analysis to better grasp the specific nature of this relationship of influence, temporarily disregarding political data, and then introducing them, in a detailed manner, in the framework of the analysis. Abstract to better understand. Structuralism has also emerged as a guarantee of the (relative) scientific objectivity of research: it allows, like a bulwark, the study of functions and the identification of invariants in the societies studied. Thus, the critical analysis of determinants makes it possible to understand a society in the present moment. The analysis of material, economic and social factors shows that in this interweaving of data, culture in the broad sense, including religion and law, plays a central role: it is both an obstacle and a lever for the realization of the principle of gender equality
Franc, de Ferrière Yann. "La place des droits des femmes et égalité des genres en droit international dans la construction d’un Etat post-conflit : le cas du Timor-Oriental." Thesis, Toulon, 2017. http://www.theses.fr/2017TOUL0116/document.
Full textGender issues in development for the advancement of women's rights and their status have gained increasing attention at the universal level, particularly since the 1990s and the 1995 Beijing World Conference on Women. The enthusiasm for these issues can be illustrated by the means implemented in Timor by the international community in this field in parallel with the process of establishing the rule of law and the construction of this new State in a post-conflict context, making equating it as a United Nations "laboratory" for the implementation of international principles related to the establishment of the rule of law and the gender approach in the reconstruction and management of a State as well as the evaluation mechanisms of human rights to the benefit of women. Based on an empirical research, the present study attempts to analyze how international law not only affects formal women's rights in Timor but also, and especially, the status of women within Timorese society
Lanisson, Valérie. "Femmes et constitution : étude comparée des cas français et américain." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32032.
Full textThe constitutional status of women is a new question, which became interesting since the second half of the XXth century. The militancy of a few women permitted them to reach important positions in the public and civil life, and to get certain autonomy in private relationships and in their families. These successes, even if they were relative and limited, constituted the first step to the awareness that women could reach and obtain equality with men. France and United States don't give the same importance to the concept of Equality, America choose Common Law, France uses a system based on Civil Law, and the two States have opposite models for their constitutional justice system. All these differences invited us to study Equality in a comparative and abstract approach, so that we could show that the french and american constitutional notions, interpretations and methods are noticeably different (First part). But, and it is probably the " application paradox ", the concrete, pragmatic and thematic study of women's position in politics, administrations, work relations and family law, shows a real convergence of the solutions in France and United States. Sexual Equality, even if it is not achieved, is really advancing in a similar way in the two States. This research also includes a bibliography and an alphabetical index of contents
Veyretout, Lucie. "L'application des droits de l'être humain au sein des groupements religieux : recherches relatives à la question de la discrimination des femmes dans l'accès aux fonctions cultuelles." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00976424.
Full textBakir, Lauren. "Liberté religieuse et valeurs de la République : contribution à l'étude d'une articulation en tension." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA013/document.
Full textOn October 11th, 2010, a Frenchlaw prohibits the deliberate concealment of hiding the face in public spaces. Since then, the tensions between freedom of religion and the values of the Republic remain strong. Theses republican values which strictly refer to the motto « Liberty, Equality, Fraternity » coexist with many concepts. During the process of law-making, the bill articulated the French Republic values with dignity and gender equality. Ever since these newly added concepts are now accepted as components of the secularism. Citizens are called to adhere to this value system. The framework evolution required by the consideration of the religious fact of the State and the strong tensions between the freedom of religion and the values of Republic must be analyzed
Guignard, Lison. "La fabrique de l'égalité par le droit. Genèse et usages transnationaux du protocole de Maputo sur les droits des femmes de l’Union africaine." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLN025.
Full textThis doctoral research explores the process of law-making of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, better known as the Maputo Protocol. Crossing theoretical corpus of sociology of law-making and sociology of mobilisations, this thesis is dedicated to the genesis and trajectory of this text in different spaces, i.e the actors game taking place on the regional arena (OAU/AU) but also, concomitantly or successfully on the national and international arenas. It is a multi-scale approach which is adopted to analyse this normative production through the games and epistemological meaning bestowed by different actors. The research deals with potential uses and mobilisations of the Maputo protocol as they are produced by different clusters: the "cluster of the legal, judiciary and juridical instrument" (or expert cluster), the "cluster of public action instrument, promotion/protection of Women's Rights " (or activist cluster), the "cluster of legitimate and ceremonial" (or state cluster), the "cluster of universalistic referential" (or Northern cluster) and the "cluster of statu quo and inefficiency" (or resistant cluster). Indeed, it is through interactions between these different clusters, which act and interact during the making of this legal African text on equality between men and women, which is analysed this legal-making process (understood, in conformity with our sociological approach, as construction as well as implementation of this text). The doctoral research studies more specifically the structuring tension between symbolical and instrumental dimensions of law which shapes history and mobilisations around this text
Alfonso, Mathey Mercedes. "Constance et évolution d'une écriture engagée : l'oeuvre de Carmen de Burgos journaliste, essayiste et romancière." Thesis, Dijon, 2016. http://www.theses.fr/2016DIJOL017/document.
Full textCarmen de Burgos died in 1932, leaving behind a considerable amount of written material: thousands of articles published in different newspapers, essays, novels and hundreds of “novelas cortas”. The works and the memory of this women’s rights activist were doomed to oblivion during Franco’s dictatorship. This thesis aims to rediscover and analyse these works from its various perspectives. We have been looking for the constant trends but also the evolutions. Carmen de Burgos has indeed evolved in her conception of the woman’s role and of the rights she had to acquire. In the early stages of her fight, she had been mainly focusing on the acquisition of equalitarian legal and social rights. She claimed a better education for girls; education that would allow them to work with dignity and gain economical independence. She was campaigning for the right to divorce. Nevertheless, she soon understood that change could only occur through the ballot boxes and would thus very openly stood in favour of women’s right to vote, up to the point of organising the first street demonstration in favour of women’s vote. The fictions she wrote were, in general, considered activist literature, without a great literary interest. That’s why after having studied in which ways the plots, the denouements and the construction of the characters were serving the cause of women, we tried to evaluate the literary quality of the work, which appeared to us to have some significance. We also wanted to determine if her fiction work was just a tool serving the causes she was defending or if it offered some really good quality literature