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1
Keith, Linda Camp. "The Law and Human Rights: Is the Law a Mere Parchment Barrier to Human Rights Abuse?" Thesis, University of North Texas, 1999. https://digital.library.unt.edu/ark:/67531/metadc2247/.
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This study is the first systematic global analysis of the impact of law on human rights, analyzing the impact of twenty-three constitution provisions and an international covenant on three measures of human rights behavior, over the period of 1976-1996. Three sets of constitutional provisions are analyzed, including 1) ten provisions for individual freedoms and due process rights, 2) nine provisions for elements of judicial independence and 3) four provisions that outline procedures for states of emergency. Additionally, the impact of the International Covenant on Civil and Political Rights on actual human rights behavior is analyzed. Each of these areas of law are evaluated individually, in multiple models in which different elements vary. For example, some models control for democracy with different measures, others divide the data into the Cold War and post-Cold War eras, and some test constitutional indices. Finally, all provisions are simultaneously analyzed in integrated models. Provisions for fair and public trials are consistently shown to decrease the probability of abuse. An index of four freedoms (speech, religion, association, and assembly) decreases the probability of abuse somewhat consistently. Three of the provisions for judicial independence are most consistent in reducing the probability of abuse: the provisions for exclusive judicial authority, for the finality of judges' decisions, and banning exceptional courts. Two of four states of emergency provisions decrease abuse as international lawyers have argued: the provisions for legislative declaration of the emergency and the ban against dissolving the legislature during an emergency. However, two of the provisions are shown to hurt human rights practices: the duration and the derogation provisions. The International Covenant on Civil and Political Rights does not demonstrate a statistically significant impact. While the performance of the constitutional provisions is less than legal scholars would hope, their combined impact over time are shown to be quite large, relative to the impacts of other factors shown to affect human rights abuse.
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Armah, Collins. "Poverty as an Abuse of Human Rights in Ghana. : A grass roots perspective on poverty and human rights." Thesis, Högskolan Dalarna, Historia, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:du-4901.
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The study aimed at getting a grass root opinion on poverty and why Ghana is still poor after 50 years of independence in spite of her richness in natural resources, second largest producer of cocoa in the word and appreciable stable political environment. The opinions of the ordinary people in the Bia district and their observed living conditions was analysed in line with theoretical basis of the study and previous studies to justify the stance that poverty should be considered as an abuse of human rights. It was concluded based on position of informants and previous data available that though many factors have been raised by previous scholars as the cause of poverty, the actions and inactions of both internal and external power-holders is the main source of poverty in Ghana. It was proposed that for poverty to be reduced in a sustainable way there should be strong civil society groups and active citizens through civic education to hold power-holders accountable. Until the actions and inactions of power-holders which have subjected many Ghanaians into intergenerational poverty are seen as human rights abuse, the rights of many Ghanaians would be constantly abused. This will eventually defeat the promotion of human rights culture in Ghana.
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Godwin, Donna D. "The Impact of Gender on Domestic Human Rights Abuse." Thesis, University of North Texas, 2004. https://digital.library.unt.edu/ark:/67531/metadc4515/.
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This study develops three models of human rights determinants with the inclusion an untested variable, women in parliaments. The research is conducted on pooled cross-sectional time-series data from 130 countries between 1978 and 1996. For the purpose of analysis the Prais-Winsten Regression method with Panel Corrected Standard Errors was used. The women in power variable is hypothesized to be significantly, positively correlated with a state's propensity toward respect for human rights and is operationalized as percentage of women in parliaments. Three models incorporating as control variables previously identified correlates of human rights abuse were utilized to asses the impact of percentages of women in parliaments on two individual subsets of human rights: personal integrity rights and socio-economic rights. Two models were designed to measure the subset of rights categorized as personal integrity rights using two separate measures: State Department Scores and Amnesty International Scores. Model number three utilized the Physical Quality of Life Index to measure levels of socio-economic rights. Statistical significance was demonstrated by the women in parliament variable in all three models.
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CABRERA, MARIELA. "CORPORATE LIABILITY AND HUMAN RIGHTS ABUSES ABROAD." Thesis, The University of Arizona, 2016. http://hdl.handle.net/10150/612626.
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This legal note analyzes the legal issues raised when suing corporations in the United
States federal courts under the Alien Tort Statute (ATS). Part I discusses the elements needed to
bring a claim under ATS and the history behind the statute. Part II describes the U.S. Supreme
Court’s 2013 decision in Kiobel and what it represents. This section also covers why holding
corporations accountable is important, focusing on globalization, the corporation’s power, and
their role; and discusses the importance of seeking remedies for human rights victims. Part III
examines whether ATS is still viable for suing corporations for human rights abuses after Kiobel
and the possible alternatives available for holding corporations accountable including: regional
human rights courts, naming and shaming, or suing in domestic courts where the violations
occur.
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Gerber, Paula. "From convention to classroom : the long road to human rights education /." Connect to thesis, 2008. http://eprints.unimelb.edu.au/archive/00003989.
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Mavungu, Phebe Clement. "For an effective implementation of reparation of the victims of gross and systematic human rights violations : the case study of Sierra Leone and lessons for the Democratic Republic of Congo." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1220.
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"Whereas victims of ordinary crimes such as theft, robbery, assault or murder find it easier to obtain redress, victims of the most serious violatons such as war crimes, genocide and crimes against humanity receive less attention insofar as their redress is concerned. Apart from some exceptional cases where victims of serious human rights abuses had their right to redress vindicated, there has not been an effective and comprehensive way of redressing victims of gross human rights violations. In Africa for instance, victims' redress in post-Apartheid South Africa and post-genocide Rwanda have been problematic. Thus, it is meaningful investigating how effectively the victims' right to reparation can be implemented in case of gross and systematic human rights violations. Preliminary to the above interrogation are questions such as: what are gross and systematic human rights violations? What are international standards regarding redress for the victims of such abuses? The case studies of Sierra Leone and the DRC will be closely analysed as an empirical foundation for these questions. ... This study consists of five chapters. Chapter one draws the context in which the study emerges. It provides the foundation and the structure of the dissertation. Chapter two outlines the legal framework that is relevant for answering the questions raised by this study. It explores international human rights standards regarding reparation of vicitms of gross and systematic violations. Chapter three analyses the implementation of victims' reparation in the context of Sierra Leone. It confronts Sierra Leonean responses to war victims with international standards on victims' reparation. Chapter four analyses victims' situation in the post-conflict Democratic Republic of Congo and draws lessons from the Sierra Leonean experience. Chapter five sums up findings of the study." -- Introduction.<br>Prepared under the supervision of Professor Alejandro Lorite Escorihuela at the Department of Law, American University in Cairo, Egypt<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.<br>http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html<br>Centre for Human Rights<br>LLM
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Kaplanis, Maria. "Human rights abuses and development in the Third World /." Title page, contents and introduction only, 1988. http://web4.library.adelaide.edu.au/theses/09AR/09ark17.pdf.
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Metzl, Jamie Frederic. "Western responses to human rights abuses in Cambodia, 1975-1980." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.386538.
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Xiao, ShuQiao. "International human rights law and abused women in contemporary China." Thesis, University of Warwick, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.403139.
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Pietropaoli, Irene. "Remedy for corporate human rights abuses in transitional justice contexts." Thesis, Middlesex University, 2017. http://eprints.mdx.ac.uk/24310/.
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Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes and commit human rights violations and crimes under international law, either as the main perpetrator or as accomplices by aiding and abetting government forces. In transitional justice contexts, the trials, truth commissions, and reparations typically included within the set of remedy mechanisms have focused primarily on abuses by state authorities’ or by non-state actors directly connected to the state, such as paramilitary groups or death squads. Innovative uses of transitional justice mechanisms across the world, however, have started to address, even if still only in a marginal way, corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This research analyses this development. This research provides an original contribution to the field on business and human rights and the little-researched link with transitional justice by assessing how remedies for corporate human rights abuses and crimes under international law can be achieved in transitional justice contexts. To answer this question this research first analyses how different mechanisms (judicial processes at the international and domestic level, truthseeking initiatives, and reparations programmes) have dealt, or failed to deal, with remedy for victims of corporate human rights abuses. It then examines their outcomes, the results those processes have achieved and the obstacles they have faced. The research takes a victim-oriented approach by analysing the tools, instruments and institutions available for victims (the bearers of rights) in transitional justice contexts (i.e. in countries emerging from conflict or authoritarian regimes) to remedy violations when those are committed by corporations.
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MARICONDA, CLAUDIA GABRIELLA. "HUMAN RIGHTS AND LABOUR RIGHTS OBLIGATIONS OF MULTINATIONAL COMPANIES. PERSPECTIVES ON PRIVATE MILITARY AND SECURITY COMPANIES." Doctoral thesis, Università Cattolica del Sacro Cuore, 2016. http://hdl.handle.net/10280/11127.
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Lo studio si inserisce nel dibattito sul potere delle multinazionali e il rispetto dei diritti umani fondamentali e approfondisce i concetti di responsabilità sociale delle imprese (CSR) e della loro "accountability", inquadrando l'analisi nel contesto più ampio degli investimenti esteri diretti (FDI), con i relativi aspetti economici, tecnologici e sociali, nonché ambientali e politici.
Si analizzano le norme internazionali in tema di rispetto dei diritti umani da parte delle aziende, ed i meccanismi legali per rendere le società "accountable", soprattutto in caso di complicità aziendali negli abusi perpetrati dagli Stati, anche attraverso la giurisprudenza dei tribunali penali internazionali e dei tribunali statunitensi.
Viene data attenzione al settore della sicurezza, i.e. "Private Military and Security Companies" (PMSCs, interessato da notevole crescita negli ultimi decenni. Le PMSCs, impiegate da parte dei governi che esternalizzano una funzione tipicamente dello stato e da imprese e ONG attive in contesti difficili, hanno operato senza adeguato controllo.
Le loro attività sollevano questioni su potenziali abusi dei diritti umani commessi dai propri dipendenti oltre che su violazioni dei diritti del lavoro subite dagli stessi.
Le azioni ONU per portare le PMSCs fuori dalla 'zona legale grigia' in cui hanno operato vengono trattate insieme alle iniziative di autoregolamentazione.<br>The study, given the debate about the increasing power of corporations and the attempts to ensure their respect of fundamental human rights, deepens the concepts of corporate social responsibility (CSR) and corporate accountability, framing the analysis within the broader discourse of Foreign Direct Investment (FDI), with its economic, technological and social aspects as well as environmental and political issues.
International standards in the area of corporations’ human rights obligations are analyzed in addition to legal mechanisms to hold corporations accountable, particularly for corporate complicity in human rights abuses by States, through the jurisprudence of international criminal tribunals and U.S. Courts.
Special attention is given to the security sector, i.e. Private Military and Security Companies (PMSCs), interested in the last decades by a steady growth. PMSCs, increasingly contracted by governments willing to outsource a typical state function and by companies and NGOs active in difficult contexts, have been operating without proper supervision and accountability.
PMSCs activities raise issues concerning potential human rights violations committed by their employees and labour rights abuses their employees might suffer themselves.
UN actions aimed at bringing PMSCs out of the legal ‘grey zone’ where they have been operating are tackled alongside with self-regulatory initiatives.
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Vincent, Marc (Christopher Marc) Carleton University Dissertation International Affairs. "A research framework to understand the contribution to human rights abuse of social cleavage and competition for social control in ethnically divided countries: a Sri Lankan illustration." Ottawa, 1992.
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Connan, Katie. "Improving the international and regional, legal and policy framework in the prevention of sexual exploitation and abuse of women and children by international and regional peacekeepers." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20809.
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This dissertation will examine how an international and regional, legal and policy framework can be used to prevent continuing sexual exploitation and abuse by international and regional peacekeepers. It will examine what the different laws and policies contained within the framework currently articulate about sexual exploitation and abuse of women and children in peacekeeping settings, and evaluate their effectiveness at preventing this kind of misconduct. This dissertation will conclude by exploring how the effectiveness of the overall framework could be further improved.
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Nibogora, Berry Didier. "The right to reparations in the context of transitional justice : lessons for Burundi from South Africa, Chile, Peru and Colombia." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18620.
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I believe that the most important components of transitional justice must be the rights of victims, which include the right to the truth, the right to acknowledgment, the right to reparations and the obligation to take steps to ensure that violation will not occur again.
In many societies, transition from war to peace or from dictatorship to democracy has been dominated by a debate on how best past massive human rights violations can be addressed without undermining a fragile and transitional peace. Therefore, political considerations have entirely shaped legal solutions adopted to bring about transitions with less regard to accountability and appropriate remedy for victims of human rights abuses and violations.<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.<br>http://www.chr.up.ac.za/<br>nf2012<br>Centre for Human Rights<br>LLM
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Jørgensen, Hansine Kryhlmand. "Decision-makers’ Use and Abuse of Human Rights - A study into the role of human rights in the political decision-making process leading up to Denmark’s military engagement in Iraq." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21721.
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The thesis critically assesses the decision-making process leading up to the acceptance of bill B 118 which approved Danish military action in the American-led multilateral coalition ‘Operation Iraqi Freedom’. The analysis will use coding through a qualitative content analysis to investigate the potential use and abuse of human rights framework by decision-makers, during this process. Theories of just war, activist military politics and the decision-making theory of perception and misperception are used to provide the foundation for the content analysis, as well as positioning the results in the context of the wider political sphere. Though the nature of the investigation does not allow for absolute conclusions, the findings demonstrated how human rights were indeed used as a tool of both persuasion in the hunt for support and as a means to legitimise actions.
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Partin, Alison. "Natural resource wealth and human rights abuses do rising prices increase conflict? /." CONNECT TO ELECTRONIC THESIS, 2007. http://dspace.wrlc.org/handle/1961/4154.
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Dalibey, Salima. "Multinational corporations and human rights abuses : building a case for legal accountability." Thesis, University of Exeter, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.441775.
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Baghdassarian, Anoush. "Negotiating Human Rights Abuses through the Moral Foundations Theory: An Attempt to Understand the Moral Motivations behind the Male Guardianship System in Saudi Arabia, Female Genital Modification, and Child Marriage." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1473.
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The idea that there are universal human rights that can, and should, be enforced has been an increasingly wide-spread and popular belief, as well as a controversial one. Concerns of cultural relativism contrasted with stances of universalism spark an impassioned debate that permeates the dialogue of human rights today in all spheres: social, academic, and even those professional spheres that are tasked with creating and enforcing the laws regarding these issues. What does psychology have to say about this? After all, if it is a universal phenomenon, it must span across time, culture, and difference, and there must be trends in our human nature or similarities in our psychology that allow us to claim universality. One psychological theory, the Moral Foundations Theory (MFT) can help shed light on this issue. MFT holds that universally, as human beings, we share five grounds of moral foundations on which we make our judgments and take action: Care/Harm, Fairness/Cheating, Authority/Submissiveness, Sanctity/Degradation, and Loyalty/Betrayal. While we are all born with the capability to act and reason on these, our cultures shape us to emphasize different foundations and it is in that shift that conflict arises. What one group sees as right, and based in moral justification, another sees as wrong and as a violation of human rights. This paper attempts to use MFT to understand the moral foundations underlying three case studies of practices internationally seen as human rights abuses, female genital modification, child marriage, and male guardianship in Saudi Arabia, and provides suggestions for methods of effective intervention based in MFT.
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AlMatrooshi, Ali Mohammed Juma Majed. "A critical evaluation on combating child sexual abuse and the limitations of international law : a case study of United Arab Emirates." Thesis, Brunel University, 2018. http://bura.brunel.ac.uk/handle/2438/16913.
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Child sexual abuse is a heinous crime. It consists of a variety of pernicious practices which include, but are not limited to, online child pornography, rape and incest. Globally, an estimated 15 million female adolescents have been coerced into sex during their lifetime, whilst the figure for boys is unknown.1 In many instances, this crime is perpetrated by those who are closest to the victims. Child victims may be severely traumatised and as a result become dysfunctional members of society. Child sexual abuse harms the very fabric of society and society thus pays a heavy price for continuing to tolerate this crime. As such, as this crime predominantly takes place behind closed doors and victims only very rarely report cases,2 a comprehensive legislative and policy approach must be adopted in order to effectively combat child sexual abuse. Legislators around the world as well as the international community must therefore make combating child sexual abuse a priority. However, the question arises whether there exist difficulties and weaknesses within international law which contribute to the persistent problem of child sexual abuse. Accordingly, this research probes whether international law accords adequate protection to the rights of the children and, if not, whether it fails to adequately protect children from sexual abuse. For this purpose, a detailed examination of relevant UAE laws is undertaken in the form of a case study. It is argued that international law has failed to clearly establish norms and also lacks enforcement mechanisms. The main international instrument, the Convention on the Rights of the Child, fails to determine the age of the child. Instead, it empowers domestic law to do this. Other shortcomings also limit the effectiveness of international law, particularly implementation issues. In the context of the UAE, the fundamental problem is that cultural values entrenched in Islamic criminal and family law have not shown an understanding of the child sexual abuse paradigm. Instead, the honour ideology has been reinforced.
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Bueno-Hansen, Pascha. "The use and abuse of human rights: Women and the internal armed conflict in Peru /." Diss., Digital Dissertations Database. Restricted to UC campuses, 2009. http://uclibs.org/PID/11984.
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Nartey, Emmanuel. "Accountability criteria and remedies under tort law for victims of human rights abuses." Thesis, University of East London, 2018. http://roar.uel.ac.uk/7383/.
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The primary aim of this thesis is to identify a coherent legal principle to establish a novel duty of care for corporate human rights violations and environmental damages. This research will examine whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses. Over the course of the doctoral studies, this study has attempted to carry out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this research is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, this study attempts to set out a theoretical mechanism for duty of care as well as a proposal for the establishment of a Hybrid International Transnational Corporation Court that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.
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Dudley, Rebecca Gail. "Domestic abuse and women with no recourse to public funds : where human rights do not reach." Thesis, Queen's University Belfast, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.674971.
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If they are subject to immigration controls, women who experience domestic abuse in the United Kingdom face particular barriers in finding safety and support. This research explores the impact of the No Recourse to Public Funds (NRPF) rule, which means that women who are subject to immigration controls on a variety of visa statuses cannot access benefits and cannot therefore access refuge accommodation or support. The thesis critically evaluates these impact within a human rights framework to consider whether law and practice falls short of international obligations the UK government has undertaken. It argues that women who experience domestic violence face even greater risks and more human rights abuses if they have NRPF. It concludes that the state should change law and practice to uphold the right to life and the prohibition of torture, inhuman and degrading treatment. The research draws from desk-based investigation and 51 interviews in cities across the UK with service providers in contact with women experiencing domestic abuse. The data suggests that the law is implemented inconsistently; even women and children who may be eligible for support are not reaching it. Women who are turned away from support return to abusers or face increasing vulnerability, exploitation and danger. These experiences include different forms of violence against women and girls, including forced marriage, domestic and sexual violence, systematic sexual exploitation in the commercial sex trades, trafficking, harassment, stalking, and homicide. These women may experience violence in the family, in the community, when they interact with agents of the state, and when they cross borders. These forms of violence are underpinned by the use of immigration status to maintain
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Hanzi, Roselyn. "Sexual abuse and exploitation of the girl child through cultural practices in Zimbabwe: a human rights perspective." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1214.
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"In Zimbabwe the sexual abuse and exploitation of the girl child remains high. Recently the state has acknowledged the problem of sexual abuse and exploitation of the girl child and has indicated the willingness to step up campaigns against it. This campaign, however, targets school children in primary and secondary schools. There has also been an increase of sexual abuse of children in schools by the teachers and other staff members. The family as an institution has facilitated child abuse and exploitation in Zimbabwe through cultural practices and customs as a survival tactic. Some commentators have directly linked the revival of these cultural practices to the economic crisis that has resulted in food shortages around the country. These traditional practices include the marriages of the child to older men in exchange for food or money known as kuzvarira, kuripa ngozi, or pledging a girl into marriage and virginity testing. Some of the practices are, however, not directly linked to the prevailing economic crisis, but are just practiced as a tradition like chiramu. These practices have become more common amongst the Shona, the largest tribe constituting at least 76% of the population, and predominantly patriarchal. Theorists of patriarchy have directed their attention to the subordinate status of women and found their explanation in the male need to dominate the female. Although Zimbabwe as a state has shown a commitment to protecting children against sexual abuse by enactment of laws criminalising involvement of the girl child in prostitution, incest and rape of girls, little has been done to ensure that forced and early marriages of the girl child are curtailed. Virginity testing is not criminalised and is also currently being practised in rural parts of the country on a wide scale. ... Chapter one introduces the problem of child sexual abuse and exploitation of the girl child as a universal problem and gives a structure of the study. Chapter two discusses the concept of a child, sexual abuse and exploitation as a human rights problem. It analyses the protection of children under international human rights law. Chapter three gives a broad overview of the relationship between culture and children's rights. The role of the family will also be discussed as articulated in the human rights instruments. Chapter four highlights and discusses the cultural practices that result in sexual abuse and exploitation of the girl child in Zimbabwe. The legal framework protecting children from sexual abuse and exploitation and the shortcomings will be highlighted. The impact of such sexual abuse and exploitation on the overall development of the child will also be discussed. Chapter five makes recommendations by looking at the developments from other countries on the rights of the girl child and cultural practises that result in sexual abuse." -- Introduction.<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.<br>Prepared under the supervision of Dr. B. Twinomugisha, Faculty of Law, Makerere University, Kampala, Uganda<br>http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html<br>Centre for Human Rights<br>LLM
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Wambua, Leonard Munyao. "An evaluation of the role played by Kenyan independent churches in the protection of the fundamental human rights of children / Wambua Leonard Munyao." Thesis, North-West University, 2010. http://hdl.handle.net/10394/4596.
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This research aims to evaluate the role that Kenyan independent churches play in the protection of the fundamental human rights of children. It became apparent during the course of the research that Kenya's independent churches have numerous shortcomings that affect their ability to protect such rights.
The Kenyan independent churches are affected by the negative effects of an African traditional worldview. Among the effects of this worldview is the tolerance of female genital mutilation, polygamy and corporal punishment, practices that contravene the United Nation's Declaration on the Rights of Children.
The research further discovered that some of the Kenyan independent churches perpetuate the violation of the fundamental human rights of children with their gross misunderstanding of Scripture, especially the wisdom of Bible texts such as Proverbs 22:15. A literal application of Scripture and a tendency to lean towards casuistic ethics contribute to the misuse and misunderstanding of the Bible verses that touch on the human dignity of children.
The violation of the fundamental human rights of children is rampant in Kenya. The number of independent churches involved in protecting the fundamental human rights of children is very small. The few independent churches that offer child services offer relief services rather than embracing a human rights approach to serving children. Although the independent churches make out the majority and are the fastest growing among the churches, it is notable that mission churches such as the Catholic and Anglican churches are more involved in protecting the fundamental human rights of children when compared to the independent churches in Kenya. Kenyan independent churches furthermore suffer the effects of poverty coupled with illiteracy, a factor that affects their ability to champion the fundamental human rights of children as stipulated in the United Nations Convention on the Rights of Children. On the positive side, some social cultural values common among the independent churches, such as African communal solidarity and the extended family system, promote the well–being of children. However, overall the Kenyan independent churches have not successfully responded to the violation of the fundamental human rights of children. This inability remains a concern worthy addressing.<br>Thesis (Ph.D. (Ethics))--North-West University, Potchefstroom Campus, 2011.
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Bartolomei, Linda Albina Social Sciences & International Studies Faculty of Arts & Social Sciences UNSW. "Struggling against the silences: exploring rights based responses to the rape and sexual abuse of refugee women and girls." Awarded by:University of New South Wales. Social Sciences & International Studies, 2009. http://handle.unsw.edu.au/1959.4/44830.
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This thesis examines the widespread occurrence of rape of women and girls in conflict and refugee settings. It contains many horrendous and complex case studies of rape and sexual violence. Using an intersectional framework, a range of theories is used to analyse these and in doing so the compounding effects of rape and sexual abuse in conflict and refugee situations is identified. The study uses a feminist action research methodology, involving seven complex cycles. These involve field work in Kenya and Thailand and are informed by the theoretical frameworks of post-colonial feminism, critical and anti-oppressive social work, and human rights. The study explores the silences surrounding rape and the reasons why major advances in international law and policy have had such little impact. It begins with an examination of the systematic use of rape as a strategy of war and the ways in which this is addressed in law, policy and practice. It then examines the impact and sequelae of rape on refugee women and girls. This focuses on exploring the reasons for the continued failure of the Women at Risk (WaR) Program to fulfil its potential. An extensive range of risk factors is explored. The almost complete failure of measures to protect refugee women and girls is documented. During the field work, a new research methodology which draws on community development and human rights principles is developed to ensure that the voices and agency of refugee women and girls are included. The study examines the lack of viable risk identification and response mechanisms and critiques the frequent failure to actively involve refugee women in finding and implementing solutions. It also identifies a number of political and ideological barriers, including the damaging impact of negative staff attitudes and the continued characterisation of refugee women as universally vulnerable and oppressed by their cultural contexts. In an activist approach to theory and practice, the study draws on a range of theories to understand the problems and to inform advocacy for changes in policy and practice. These include the development of new tools, law and policy informed by anti-oppressive participatory rights based approaches.
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Walenius, Desirée. "The impact of the power balance between the state and the transnational corporation on human rights." Thesis, Uppsala universitet, Teologiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-412273.
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Over the last decades there have been a shift in the power balance between the transnational corporation and the state. This shift is due to the transnational corporation’s power has increased. Therefore, this thesis will examine the impact of the power balance between the state and the transnational corporation on the enforcement of law concerning human right abuses by transnational corporations. It will focus primary on the state’s possibility to enforce its international human rights obligations. In order to find out the impact the power balance has on the enforcement, I will discuss different challenges that could stand in the way for the state due to the power of the transnational corporation or that the state is powerless over the transnational corporation. The result is that the state only has a small possibility of enforcing human rights regulation on the transnational corporation. The reason for this is because the state is relying on the economic opportunities from the transnational corporation and the system is constructed in a manner which made the state powerless in relation to the transnational corporation. The result was therefore that the state has difficulties in enforcing the law concerning human right abuses by transnational corporations. After this conclusion it is quite clear that the power balance between the state and the transnational corporation plays a crucial role in the enforcement of the law concerning human rights abuses by transnational corporations. However, it is possible to make changes in the system so that the power balance between the state and the transnational corporation do not have the same negative effect on human rights and therefore strengthening the protection of human rights.
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Lekman, Hansen Camilla, and Lena Pedersen. "The Need for Play and Creativity in Children’s Rehabilitation Process: a Field Study in the Philippines." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21168.
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De förhållanden som många filippinska barn lever under stämmer inte överens med de rättigheter de har under barnkonventionen. Extrem fattigdom och utbredd korruption gör att människor lever under svåra livsförhållanden och de värst utsatta är barnen. Den filippinska staten varken respekterar, skyddar eller uppfyller dess skyldigheter under internationell lag. Därför måste andra aktörer, som olika NGOs, ta på sig ansvaret för att barnens behov ska bli uppfyllda. Många barn från försummande och utnyttjande situationer är i behov av rehabilitering.Denna uppsats är baserad på en fältstudie med fokus på det arbete som två NGOs på Filippinerna utför för att ge barn tillbaka deras förlorade barndom. Syftet är att väcka uppmärksamhet kring de behov som barn har för deras utveckling och välbefinnande, speciellt behovet av lek och kreativitet, två behov som tenderar att komma i skymundan i arbetet för barnets bästa.<br>The situation of children in the Philippines is not in accordance with the rights stipulated under the CRC. The extreme poverty and widespread corruption in the country creates an abusive and neglectful environment for people, with children being the most severely affected. The Philippine state does not appear to respect, protect and fulfil its obligations under international law. Other agents, such as NGOs therefore assume responsibility to fulfil the needs of children. Many children are maltreated and in need of rehabilitation.This thesis is based on a field study focusing on the work performed by two NGOs in the Philippines that help children renew their lost childhood. The aim is to draw attention to the needs the child has in their development and wellbeing, especially the need for play and creativity. Two needs that tend to get overlooked in the assessment of the best interest of the child.
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Du, Plessis Madri. "Evaluation of the international law regarding humanitarian intervention in human rights abuses not breaching international peace and security." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/53742.
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Thesis (LLM)--Stellenbosch University,2004.<br>ENGLISH ABSTRACT: This study exammes, m stages of development, the existing law regarding
humanitarian intervention, problems in respect of this law and cases of intervention.
More specifically, intervention in human rights abuses not breaching international
peace and security but rather posing a so-called threat to peace is examined. This
information is used to consider whether more adequate provision can be made
regarding circumstances of intervention to stop situations of grave human rights
abuses sooner. From the law regarding humanitarian intervention, it is evident that
the institution of intervention is illegal under the present UN legal system. Yet, in a
time when the human rights culture has become so important that it forms part of
the basis of international law, effective intervention is not being authorised by the
Security Council. As a result, other actors have been intervening in cases of grave
human rights abuses. These interventions need to be appropriate and well managed.
Since the protection of human rights is as valid in non-democracies, as in any
democratic state form, the study finds that human rights will benefit from
dependence on legitimate authority. Attributing more importance to the Uniting for
Peace Resolution could expand the role of the General Assembly. Humanitarian
intervention also needs to be coupled with a commitment to address the causes of
human rights abuses through conflict resolution and social reconstruction. The
study concludes with some criteria/guidelines for the establishment of the
legitimacy of intervention.<br>AFRIKAANSE OPSOMMING: Hierdie studie is - binne 'n raamwerk van ontwikkelingstydperke - 'n ondersoek na
die bestaande reg aangaande humanitêre ingryping, probleme tenopsigte daarvan en
gevalle van ingryping. Veral ingrypings in menseregte-skendings wat nie
internasionale vrede en sekuriteit skend nie, maar eerder 'n sogenaamde bedreiging
vir vrede is, word ondersoek. Die inligting wat so bekom is, word gebruik om te
oordeel of meer gepaste voorsiening gemaak kan word waarvolgens situasies van
growwe menseregte-skendings deur ingryping gouer beëindig kan word. Die reg
aangaande humanitêre ingryping toon dat ingryping onwettig is in die bestaande
regsisteem van die Verenigde Nasies. In 'n tyd waarin menseregte so belangrik
geword het dat dit ten grondslag lê van internasionale reg, word effektiewe
ingrypings nogtans nie gemagtig deur die Veiligheidsraad nie. Gevolglik gryp
ander partye in om teen situasies van growwe menseregte-skendings op te tree.
Hierdie ingrypings moet daarom gepas wees en goed bestuur word.
Aangesien die beskerming van menseregte net so geldig is in ander staatsvorms as
in demokrasieë, bevind die studie dat menseregte sal baat daarby indien dit
afhanklik is van legitieme gesag. Voorts kan die rol van die Algemene Vergadering
aangaande die beskerming van menseregte uitgebrei word deur groter waarde te
heg aan die "Uniting for Peace"-resolusie. Dit is verder nodig dat humanitêre
ingryping gekoppel word aan 'n verbintenis om die oorsake van menseregteskendings
aan te pak deur konflik-resolusie en sosiale heropbou. Ter afsluiting
word riglyne neergelê om te help met die bepaling van die legitimiteit van
. . mgrypmg.
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Van, Aardt Willem. "State responsibility for human rights abuses committed by non-state actors under the Constitution / by Willem van Aardt." Thesis, North-West University, 2004. http://hdl.handle.net/10394/706.
Full textAbstract:
In the 21t century the state is powerful and touches all aspects of everyday
life. The state is in control of a country and all under its jurisdiction.
Decisions made and policies implemented by the state effect its citizens.
Ultimately the government of a state is responsible and liable for the human
rights protection of its citizens. The buck stops with the government. This
study is premised on the assumption that in terms of international Human
Rights Law and national Constitutional Law, the state is responsible for
human rights abuses committed by non-state actors.
The first and most basic obligation of the state is to protect its citizens from
the infringement of their fundamental human rights. An overview of the
history and ratio of the formation of states shows that the safety of the
people is the highest law. The bond between government and citizen is
one of mutual obligation. The citizen adheres to the laws of the state and
pays taxes and in turn, the state must protect citizens from each other and
from outside threats to the citizens' fundamental human rights. Subjection
implies and requires protection and protection subjection.
International law and international human rights norms and principles play
an increasingly important role in the world today. States are no longer free
to do as they like in the domestic sphere, but are bound by international
law. In this study, specific attention is given to the various international
treaties that the South African government has ratified without any
reservation and the international legal duties that they impose. The scope
and content of state responsibility for human rights abuses committed by
non-state actors under contemporary international law are examined. A
comparative overview of the state's duty to protect under the Inter-American
and European Systems with specific reference to the United
States of America and the United Kingdom is conducted.
The right to security and to be free from violence is indispensable for the
exercise of all other human rights. Section 12 1 (c) of the South African
Constitution expressly guarantees the right to be free from violence from
both public and private sources. All other relevant constitutional imperatives
and recent constitutional case law clearly indicate that there is a positive
legal duty on the South African government to take reasonable measures
to prevent human rights violations from occurring.
Despite the constitutional guarantee, the most vulnerable in South Africa
continue to suffer gross violations of their right to security on a scale
unseen in other liberal constitutional democracies. In conclusion, a number
of recommendations are proposed as framework to improve the current de
facto situation and to contribute to the establishment of a governmental
value system that actually protects human rights.<br>Thesis (LL.D. (Public Law))--North-West University, Potchefstroom Campus, 2005.
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Carman, Marina School of Politics & International Relations UNSW. "Responsibility and accountability in theory and practice: the truth and reconciliation commission???s investigation of human rights abuse in South Africa." Awarded by:University of New South Wales. School of Politics and International Relations, 2005. http://handle.unsw.edu.au/1959.4/23475.
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The main aims of the investigation conducted here are to draw out important debates in theory and in the South African social context over the concepts of responsibility and accountability for human rights abuse, and to look at how these were present within, and impacted on, discussions within and around the Truth and Reconciliation Commission. The TRC did not specifically discuss or define theoretical concepts of responsibility or accountability. However, I argue that it is possible to draw out some important features of its implicit approach ??? particularly in terms of its emphasis on collective responsibility and social context (in addition to individual responsibility), and its emphasis on moral arguments for individuals and collectives to accept responsibility and hold themselves accountable by contributing to future change. This ambitious and complex approach raised some important theoretical issues, which have been discussed and debated in the theoretical literature. These include: the relationship between individual responsibility, collective responsibility and the influence of ???the system???; the nature of collective responsibility; the nature of morality; the distinction between moral and political responsibility; and how individuals and collectives can or should be held accountable. In South Africa, these theoretical debates inter-mingled with a range of other factors, including individual and collective interests, motives and political perspectives. From an analysis of the existing literature on the TRC and original interviews conducted with key informants, I draw out three main opposing views which I argue arose in the South African social context about responsibility and accountability, and what the TRC could and should have done to address these. In a detailed analysis of the TRC???s hearings and Final Report, I draw out how theoretical debates, and these three opposing views, were present within and impacted on the TRC???s work. I argue that it was impossible for the TRC to satisfy everyone and resolve these debates, and that its approach led to unrealistic expectations of its work and its role more generally. This has impacted negatively on how the TRC was and is perceived.
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St, John Christopher George. "A case study of how specialist child abuse investigators within a Police Service of Northern Ireland Public Protection Unit learned to apply human rights." Thesis, Ulster University, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.650315.
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This research involves a case study of specialist child abuse investigators within a public protection unit within the Police Service of Northern Ireland. The research seeks to determine how the detectives learnt to apply human rights as a result of participation in the specialist child abuse investigators' development programme. The research adopts a more comprehensive examination of human rights than that adopted in traditional legalistic approaches to human rights evaluation. The research incorporates analysis through Aristotelian virtue ethics to gain a more comprehensive understanding of human rights inclusion. An analytical tool was developed and used to examine legalistic and virtue ethic inclusion within distance learning and formal classroom elements of the course. Data gathering entailed semi-structured interviews with 8 practitioners who had completed the course and 8 stakeholders who are in a unique position within the PSNI to enable them to comment on how human rights were learnt and applied by the child abuse investigators. A case study utilizing a grounded approach was used to generate the neoAristotelian virtue ethic analysis theory, which outlines that the use of neo-Aristotelian virtue ethics can greatly assist in describing how specialist child abuse investigators learn to apply human rights. The research also identifies three categorizations of virtue ethic engagement. These focus on the importance of moral virtues for practitioners, the importance of intellectual virtues and the centrality of justice. The research makes recommendations concerning how human rights should be considered within the training cycle and highlights characteristics of an emergent human rights pedagogy.
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Kayamba, Musaputa Emery. "The causes of armed conflict and human rights abuses in Central Africa and the impact on the Democratic Republic of Congo /." Abstract Full Text (HTML) Full Text (PDF), 2008. http://eprints.ccsu.edu/archive/00000492/02/1948FT.htm.
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Thesis (M.S.) -- Central Connecticut State University, 2008.<br>Thesis advisor: Timothy Rickard. "... in partial fulfillment of the requirements for the degree of Master of Science in International Studies." Includes bibliographical references (leaves 117-124). Also available via the World Wide Web.
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Eufrásio, Marcelo Alves Pereira. "DIREITOS HUMANOS E ABUSO SEXUAL INTRAFAMILIAR: O PROGRAMA SENTINELA COMO INSTRUMENTO DE CONQUISTA DA CIDADANIA." Universidade Estadual da Paraíba, 2005. http://tede.bc.uepb.edu.br/tede/jspui/handle/tede/2040.
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Previous issue date: 2005-03-17<br>The present work is about human rights interaction, interfamilial sexual abuse and citizenship, emphasizing the conquest subject of the victims' of sexual abuse citizenship in Campina Grande, through the access to the Sentinel Program, responsible for protecting the children's fundamental rights and adolescents reached by the problem of the sexual violence, in an interdisciplinary perspective, considering that the interlacement of different areas of the knowledge made possible to give theoretical-methodological sustainability to the attainment of the longed for objectives. In this sense, the idea of construction of the citizenship came from a wider perspective, which conceives this as an instrument of citizens conscious participation in the destinies of society, so that the citizen is recognized as being a promoter of changes in the subjects regarding social life. It stands out that the conquest of children's and adolescents citizenship, before the interfamilial sexual abuse problem, it is still a process that runs to slow steps, because the protected notion for the juridical culture has in the exercise of the citizenship just to its safeguards of the civil and political rights, like, for example, the right of voting for and to be voted for, so that those infant-juvenile subjects would be out of the citizenship meditated in the traditional optics. However, the citizenship subject, in the extent of sexual violence, is not necessarily limited to punishability and correctional measures to the aggressor, but it means that the civic participation of the family, civil society, State, NGO's and churches can collaborate in facing the problem, as well as in the popularization work and promotion of the victims reserved rights, surrendered in the Federal Constitution of 1988 and in the Child's and Adolescent s Statute. Consequently, this work objectives to analyze the Sentinel Program as a citizen conquest instrument, determinated through the services accomplished to interfamilial sexual abuse victims during from June of 2001 to June of 2004. For that, the analytical-descriptive procedure methods of exploratory and dialectic character were used. This way, it could be concluded that the families reached by interfamilial sexual abuse are mostly of low income and little education; consequently they end up seeking institutions that aren t ready to assist cases of that nature. The cadastral data revealed that the largest incidence of cases involves the feminine gender, in the same way that the aggressor in good part of the services is the father or stepfather. The results point that the deficiency in civil society engagement is due the lack of information of the juridical and social point of view, considering that one of the citizen s indispensable participation mechanisms for the sexual abuse problem is the accusation, confirmed in the research by Sentinel Program's professionals. Finally, it was concluded that the citizenship conquest requests, as regards to the infant-juvenile warranties, the family investigation bows for the affectionate and educational formation, as long as education is decisive to assure the access to the citizenship and the fundamental rights, besides contributing in the divulgation work of political facing to the sexual abuse.<br>O presente trabalho trata da interação entre direitos humanos, abuso sexual intrafamiliar e cidadania, enfatizando a questão da conquista da cidadania das vítimas de abuso sexual em Campina Grande, através do acesso ao Programa Sentinela, responsável por tutelar os direitos fundamentais das crianças e adolescentes atingidas pelo problema da violência sexual, numa perspectiva interdisciplinar, considerando que o entrelaçamento de diferentes áreas do conhecimento, possibilitou dar sustentabilidade teórico-metodológica à consecução dos objetivos almejados. Neste sentido, a idéia de construção da cidadania adveio de uma perspectiva mais ampla, que concebe esta como instrumento da participação consciente dos cidadãos nos destinos da sociedade, de maneira que o cidadão seja reconhecido como ente promotor de mudanças nas questões referentes a vida social. Destaca-se que a conquista da cidadania das crianças e adolescentes, diante da problemática do abuso sexual intrafamiliar, ainda é um processo que corre a passos lentos, visto que, a noção defendida pela cultura jurídica tem no exercício da cidadania apenas a salvaguarda dos direitos civis e políticos, a exemplo do direito de votar e ser votado, de modo que, estariam aqueles sujeitos infanto-juvenis fora da cidadania contemplada na ótica tradicional. Entretanto, a questão da cidadania, no âmbito da violência sexual, não está limitada necessariamente à punibilidade e as medidas correcionais ao agressor, mas significa que a participação cívica da família, sociedade civil, Estado, ONG s e igrejas podem colaborar no enfrentamento do problema, bem como no trabalho de divulgação e promoção dos direitos reservados às vítimas, capitulados na Constituição Federal de 1988 e no Estatuto da Criança e do Adolescente. Por conseguinte, este trabalho tem como objetivo analisar o Programa Sentinela como instrumento de conquista da cidadania, determinado através dos atendimentos realizados às vitimas de abuso sexual intrafamiliar durante junho de 2001 a junho de 2004. Para isso, foram utilizados os métodos de procedimento analítico-descritivos de caráter exploratório e dialético. Destarte, pôde-se concluir que as famílias atingidas pelo abuso sexual intrafamiliar são em sua maioria de baixa renda, de pouca escolaridade, conseqüentemente acabam procurando instituições que não estão preparadas para atender casos dessa natureza. Os dados cadastrais revelaram que a maior incidência de casos envolve o gênero feminino, da mesma forma que o agressor em boa parte dos atendimentos é o pai ou padrasto. Os resultados apontam que a deficiência no engajamento da sociedade civil se deve a falta de informação do ponto de vista jurídico e
social, considerando que um dos mecanismos imprescindíveis da participação cidadã diante do problema do abuso sexual é a denúncia, confirmada na pesquisa pelos profissionais do Programa Sentinela. Finalmente, concluiu-se que a conquista da cidadania requer, em matéria das garantias infanto-juvenis, o fortalecimento dos laços familiares para a formação afetiva e educacional, na medida que a educação é determinante para assegurar o acesso à cidadania e aos direitos fundamentais, além de contribuir no trabalho de divulgação das políticas de enfrentamento ao abuso sexual.
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Esser, Michael Thomas. "FIGHTING A "CRUEL AND SAVAGE FOE": COUNTERINSURGENCY AND HUMAN RIGHTS ABUSES FROM THE INDIAN WARS TO THE PHILIPPINE-AMERICAN WAR (1899-1902)." Master's thesis, Temple University Libraries, 2019. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/562935.
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History<br>M.A.<br>Many scholars have written about the counterinsurgency phase of the Philippine- American War (1899-1902). Military historians often downplayed the impact of human rights abuses, while emphasizing the success of the U.S. Army’s counterinsurgency instead. In contrast, social historians frequently focused on human rights abuses at the expense of understanding the U.S. Army’s counterinsurgency efforts. Unlike the majority of earlier works, this thesis unifies military, social, and legal history to primarily answer these questions: what significant factors led U.S. soldiers to commit human rights abuses during the war, and at what cost did the U.S. pacify the Filipino rebellion? The war was successfully waged at the tactical, operational, and strategic level, but wavered at the grand strategic level.1 This study argues that racism, ambiguous rules and regulations, and a breakdown of discipline contributed to U.S. soldiers committing human rights abuses against Filipinos during the counterinsurgency. Primary sources from the perspectives of American policy makers, military leaders, and common soldiers—in addition to documents on U.S. Army regulations and its past traditions—reveal a comprehensive story of what happened during this conflict. The U.S. Army’s abuse were not a historical anomaly, but a growing trend extending from nineteenth century conflicts against other races. The counterinsurgency revealed that beneath the stated principles of 1 For the purposes of this thesis, grand strategy is “the direction and use made of any and all of the assets of a security community, including its military instruments, for the purposes of policy as decided by politics.” This differs from the strategic level of war, which is the direction and exclusive use of military forces for the purposes of policy as decided by politics. Finally, the operational level is the level of war where the tasks, decided by strategy, are coordinated and individual units are commanded. These units, in turn, engaging in tactics to achieve operational objectives. Colin S. Gray, The Future of Strategy (Cambridge: Polity Press, 2015), 29, 47. iii America’s benevolent mission, violent racial underpinnings existed in U.S. desires for global and domestic hegemony. The U.S. Army’s counterinsurgency resulted in a flawed victory, won at the cost of combatants, innocent civilians, and American idealism.<br>Temple University--Theses
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Acirokop, Prudence. "Pitied and then ignored : international response to the plight of children in armed conflict: the case of Uganda." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1134.
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"The debate over the effectiveness of the laws to address the situation of children in armed conflict, the political will of the international community to alleviate the plight of children in such situations, as well as the search for effective strategies to address the issue of children affected by war, remains lively and unsettled. This study aims to contribute to the ongoing discussion with a focus on northern Uganda where, for the last 19 years, children have been suffering as a result of armed conflict with no response from the international community. It appears that the government, the armed forces and the international community have simply ignored their plight. ... The study is divided into four chapters; chapter one discusses the internal and international armed conflict dichotomy. It further discusses legal protection that exists under international law for children. An overview of the current standard-setting efforts, enforcement and implementation of these laws is also considered in the chapter. Chapter two considers particular risks faced by children in armed conflict including the child soldier phenomenon; refugee and internally displaced persons (IDPs); sexual abuse and exploitation of children; and the impact of landmines and unexploded ornances on children. The chapter finally looks at actions the international community can take to protect children in compliance with international law. Chapter three gives a background to the conflict in northern Uganda; it discusses the groups of children at risk and the failure to prioritise the protection of children by all actors at the local and international level. Chapter four draws a conclusion and gives recommendations to the ongoing search for effective strategies to address the plight of children affected by war with focus on northern Uganda. These recommendations are addressed to the government, the armed group and the international community." -- Introduction.<br>Mini Dissertation (LLM)--University of Pretoria, 2005.<br>http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html<br>Centre for Human Rights<br>LLM
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Koulish, Robert E., Manuel Escobedo, Raquel Rubio-Goldsmith, and John Robert Warren. "U.S. Immigration Authorities and Victims of Human and Civil Rights Abuses: The Border Interaction Project Study of South Tucson, Arizona, and South Texas." University of Arizona, Mexican American Studies and Research Center, 1994. http://hdl.handle.net/10150/219032.
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Klepper, Josie. "Examining the Relationship between Physical and Sexual Abuse and Mental Illnesses Among Female Inmates: Revising the Mental Health Care Process in Prisons." Digital Commons @ East Tennessee State University, 2016. https://dc.etsu.edu/honors/341.
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Females are becoming a prominent population within America’s correctional facilities, which has led to incarcerated females increasingly becoming the popular subjects of more recent research. Along with the growing population of female inmates, the rates of sexual and physical victimization reported by incarcerated females is rapidly growing. The purpose of this project is to evaluate the pre-established correlation between mental health diagnoses, and the prior physical and/or sexual abuse of female inmates within the custody of correctional institutions, outline the current treatment process, and devise a revision of the treatment process in order to improve the future of mental health care for incarcerated females. First, a brief description of the increasing female inmate population, their significant mental health care needs, and the lack of effective mental health care they are actually receiving, followed by the issues that this poses to rehabilitation and the community will be provided. Second, an examination of the commonality of childhood physical and/or sexual abuse among the female offenders that have been diagnosed with mental illnesses will be conducted. Next, a discussion of the most common mental health diagnoses of incarcerated women, what they are said to be caused by, and how they are being treated behind bars will be directed. Finally, a conclusion covering the established relationship between physical and sexual abuse and adult mental illnesses, the issues that the lack of adequate mental health care for incarcerated females poses, and what can be done to change and improve the future will be presented.
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Baah-Binney, Victoria. "The Mental Wellness of Liberated Trokosi Women." University of Cincinnati / OhioLINK, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1623250850976973.
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Braziunaite, Ramune. "Isolated Incidents or Deliberate Policy? Media Framing of U.S. Abu Ghraib and British Detainee Abuse Scandals During the Iraq War." Bowling Green State University / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1308595914.
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Han, Choong Hee. "The politics of memory in journalistic representations of human rights abuses during the Asia-Pacific War: discursive constructions of controversial "sites of memory" in three East Asian newspapers." Diss., University of Iowa, 2010. https://ir.uiowa.edu/etd/810.
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This study investigates journalistic representations and discursive constructions of memories of the Asia-Pacific War (1931-45) in three newspapers from three East Asian countries: Japan, China, and South Korea. These three countries have been having decades-long debates over how to interpret and recount what happened in East Asia during the war. Numerous people perished during the wars Japan waged in pursuit of its ambition to be a great Asian empire. The debates over war memories intensified during the past decade due to “memory politics” in the region. Among the many atrocities that have been the subject of international disputes, this study explores media discourses of three of the most heated controversies associated with the Asia-Pacific War: the Yasukuni Shrine controversy, the “Comfort Women” controversy, and the Japanese textbooks revisionism controversy.
There are two theoretical groundings that support this study: “memory and politics,” and “journalistic discourses of memory.” Regarding memory and politics, this study approaches the topic from a collective/cultural memory perspective. In this regard, the three controversies over war memories were theoretically identified as sites of memory by which war memories were articulated and reinvented. As for the journalistic aspect, this study focuses on the cultural meanings of journalism and news. The cultural approach in journalistic study views texts as cultural artifacts that represent key values and meanings. Journalism plays a major role in creating, transmitting, and articulating memories. A critical discourse analysis was the primary method that was employed to investigate the discursive constructions of memory through news texts. An interpretive policy analysis was also conducted to examine official stances of the three countries with respect to war memories.
The analysis has found that the three newspapers were agents of collective memory. They articulated the meanings of national memory based upon what they believed to be the most appropriate interpretations of their nations’ past. Political circumstances and ideological stances greatly influenced their coverage of war memories. Their coverage has shown that East Asia still lives under the shadow of the Asia-Pacific War that ended more than a half century ago. Memory has not been forgotten because it has been reinterpreted and reconstructed mirroring the national, social, political, and international climate. Situated at the center of such reproduction of memory, the three newspapers were also sites of memory.
The three newspapers’ active involvement in the historical controversies exceeded what scholars described as common features of commemorative journalism. The controversies surrounding war memories and the newspapers’ construction of memory have shown that journalism is a cultural practice and that a cultural approach is necessary in journalism studies to gain a more holistic understanding of the representation of social events in the news.
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Bajor, William J. "Discussing 'human rights' : an anthropological exposition on 'human rights' discourse." Thesis, University of St Andrews, 1997. http://hdl.handle.net/10023/15382.
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This thesis examines how the displaced Sudanese in Egypt, Kenya, and the United Kingdom discuss the topic of "Human Rights". Whereas many studies on "Human Rights" are primarily concerned with the opinions of outsiders, an attempt is made here to provide an alternative perspective in that the focus of this dissertation is on how the displaced Sudanese, themselves, discuss "Human Rights" in view of their situation as exiles. The thesis begins by tracing the historical evolution of the 'Western' concept of "Human Rights" and investigating the historical relationship between Anthropology and "Human Rights". Attention is paid to the role of the doctrine of "cultural relativism" in the discipline of Anthropology. After briefly looking at Sudan's geographical and social makeup, I explain the difficulties I encountered as an independent scholar conducting research on "Human Rights" and Sudan. This is followed by descriptions of the fieldwork locations. What comes next is the heart and soul of the thesis. After giving brief descriptions of the interviewees, 1 analyse how the interviews were conducted and explain how the issue of "Politics" dominated practically every discussion with the interviewees. Next, excerpts from nineteen interviews are presented for the reader to get acquainted with the conversations between the Interviewees and myself. Finally, an examination is made of how "Human Rights" is employed as a manipulative device (or tool) by the interviewees. This is essentially the crux of the study. The chief aim of the thesis is to present various ways the notion of "Human Rights" can be (and is) interpreted and utilised by the displaced Sudanese in the context of their own circumstances as exiles.
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Villanueva, Kevin Henry Reyes. "Constructing human rights : language in the ASEAN Human Rights Declaration." Thesis, University of Leeds, 2014. http://etheses.whiterose.ac.uk/7235/.
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Why did ASEAN agree a to a human rights regime? The 10 member countries launched the ASEAN Intergovernmental Commission on Human Rights in October 2009, a little less than a year after the ASEAN Charter was ratified, bestowing the organisation legal personality. Article 14 of the Charter provided for the establishment of a “human rights body”. These events transpired just over a decade after the Asian Values Debate reached its apogee in the mid 1990s, and over four decades after the founding of the organisation in 1967. The existing literature points to the plurality of actors in the regional campaign for human rights and power of norms on domestic change. This study looks deeply into the validity of the following hypothesis: ASEAN agreed to an international human rights regime because rights discourse was able to accommodate contradictory notions of human rights and the different social and political orders of the organisation, its member states, elite groups and civil society. The use of text and discourse gave rise to the admissibility of what would otherwise have been, or constantly branded as, a “Western liberal project”. My argument goes against the common observation that rhetoric can become a substitute for real change: one cannot say what one cannot do, one cannot write that which (almost always) one cannot commit to do. Social and political change does not happen without the representational and constitutional power of language. For this I draw up what I call the “language pendulum”. It is a model that explains the power of language and discourse in international politics. I use as a my case study the drafting process of the ASEAN Human Rights Declaration (a “bill of rights”) to illustrate how human rights norms are socialised in a variety of transactions through the use of discursive strategies.
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Hersi, Mohamed Farah. "The possibilites of international prosecution against the former Somali militry regime for human rights abuses in Somaliland from 1981 - 1991: establishing individual criminal and civil responsibility under international law." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8055.
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Since the aftermath of the brutal civil war in Somaliland, no one has systematically considered the human rights atrocities committed by one of the most brutal regimes in sub-Saharan Africa.
Therefore, it is the objective of this study, firstly, to throw light on the international rules which govern those crimes committed in Somaliland during the military regime. Secondly, the study will apply those rules to the case of Somaliland, based on the available evidence. Thirdly,
the study will establish a case for the international prosecution of those who bear the greatest responsibilities for the human rights atrocities that occurred in Somaliland. Fourthly, this study will investigate which international mechanism provides the best chance of serving as an adequate prosecutorial mechanism. Finally, the study will analyse the role of individual criminal responsibility under international criminal law<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.<br>A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Frans Viljoen of the Faculty of Law, University of Pretoria<br>http://www.chr.up.ac.za/<br>Centre for Human Rights<br>LLM
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Keet, Andre. "Human rights education or human rights in education a conceptual analysis /." Pretoria : [s.n.], 2006. http://upetd.up.ac.za/thesis/available/etd-06192007-130614/.
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Metcalfe, Eric William. "Are cultural rights human rights? : a cosmopolitan conception of cultural rights." Thesis, University of Oxford, 2000. http://ora.ox.ac.uk/objects/uuid:c2002d1f-98de-4131-a758-58a8bb84d85d.
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The liberal conception of the state is marked by an insistence upon the equal civil and political rights of each inhabitant. Recently, though, a number of writers have argued that this emphasis on uniform rights ignores the fact that the populations of most states are culturally diverse, and that their inhabitants have significant interests qua members of particular cultures. They argue that liberals should recognize special, group-based cultural rights as a necessary part of a theory of justice in multicultural societies. In this thesis I examine the idea of special cultural rights. In the first part (Chapters 1 to 4), I begin by setting out some of the different conceptions of culture and multiculturalism that are involved in the debate over cultural rights. I then discuss three claims made by supporters of special cultural rights: (1) that having culture is an essential part of individual autonomy; (2) that people have morally significant interests qua members of particular cultures; and (3) that these interests are inadequately protected by existing liberal conceptions of human rights. Although I conclude that (1) is correct, I argue that both (2) and (3) are mistaken. Among other things, I suggest that the version of culture relied upon by supporters of special cultural rights is an implausible one and I outline what I take to be a more plausible, cosmopolitan conception of culture. In the second part (Chapters 5 to 9), I begin by looking at specific instances of cultural rights-claims, and analyzing the concept of cultural rights qua rights. I consider the practical and conceptual difficulties with special cultural rights at great length. But the core of my thesis is that our interest in culture lies in its contribution of worthwhile goals and options, and that this interest lies in culture generally rather than in particular cultures. Hence, adopting a special or group-based distribution of any right to culture would seem to be inconsistent with liberal egalitarian principles. If there are such things as cultural rights, I argue, they are general rather than special rights. I conclude by offering a very preliminary account of what a cosmopolitan conception of cultural rights might involve in the case of the right to free association and language rights.
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Marcinkutė, Lina. "Human Rights Versus State Sovereignty in the Lithuanian National Human Rights Policy." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20121127_151106-88856.
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After regaining its independence in 1990, Lithuania has demonstrated the will to establish the universal human rights standards in the country as soon as possible. However, taking into account the country’s policy in the later years of independence, it’s not clear whose interests – state of individual – are more important and how these concepts coexist in the framework of Lithuanian human rights policy. The aim of the research is to examine wherever state sovereignty and human rights are (in)compatible with each other in the policy-making context of Lithuanian human rights policy. Aiming to achieve the above mentioned aim the Lithuanian human rights policy-making context, factors affecting this policy, national legal basis on human rights, fourteen programmes of the Government through the prism of human rights are analyzed. In conducting the research the following research methods were used: documents and legal acts analysis, semi-structured interview, as well as comparative analysis. Empirical research data indicates that Lithuanian human rights policy could be described as fragmented, lacking integrity and balanced attention to all human rights; strongly expressed social economical dimension the other key feature of this policy. In the context of such policy the relation between the human rights and state sovereignty is rather mixed. On the one hand, the external sovereignty is compatible with human rights and freedoms; they complement each other. Meanwhile the supremacy... [to full text]<br>Nors 1990 m. atgavusi nepriklausomybę Lietuva pademonstravo ryžtą kuo greičiau šalyje įtvirtinti visuotinai pripažintus žmogaus teisių principus, visgi įvertinant vėlesniais nepriklausomybės metais valstybės formuojamą politiką, nėra visiškai aišku, kieno interesai – valstybės ar individo – yra aktualesni ir kaip (ar) jie tarpusavyje dera Lietuvos valstybės politikoje. Disertacijos tikslas – ištirti, ar valstybės suverenitetas ir žmogaus teisės yra (ne)suderinami vienas su kitu Lietuvos nacionalinės žmogaus teisių politikos formavimo kontekste. Siekiant užsibrėžto tikslo analizuojamas Lietuvos žmogaus teisių politikos formavimosi kontekstas, jį įtakojantys veiksniai, nacionalinė žmogaus teisių teisinė bazė, keturiolika Vyriausybės programų per žmogaus teisių prizmę. Atliekant tyrimą naudojama teisės aktų ir dokumentų analizė, pusiau struktūruotas kokybinis interviu, taip pat palyginamoji analizė. Empiriniai tyrimo duomenys rodo, kad Lietuvos politika žmogaus teisių atžvilgiu yra fragmentiška, stokojanti integralumo, tolygaus dėmesio visoms žmogaus teisėms ir joje stipriai išreikšta socialinė, ekonominė dimensija. Tokios politikos kontekste žmogaus teisių ir valstybės suvereniteto tarpusavio sąryšis vertintinas nevienareikšmiškai. Viena vertus, išorinis suverenitetas yra suderinamas su žmogaus teisėmis; jie papildo vienas kitą. Tuo tarpu vidaus politikoje valstybės interesų viršenybė individo atžvilgiu sudaro prielaidas teigti, kad žmogaus teisės nėra suderinamos su vidiniu... [toliau žr. visą tekstą]
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Swanson, Alan D. "International human rights law and development : a human rights way to development." Thesis, University of Essex, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.341236.
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Gravely, Janice Marie. "Counterterrorism and Human Rights Committees’ Influence on Terrorism and Human Rights Atrocities." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7652.
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The United Nations Counterterrorism and Human Rights Committees’ current collaborative practices have failed to reduce global terrorists’ activities and human rights abuses associated with counterterrorism activities. The purpose of this qualitative case study was to explore and compare collaborative processes between the committees in combatting terrorism and human rights violations associated with counterterrorism. The researched was centered around two key questions: The similarities and differences with information sharing processes and the impacts of the committees’ collaborative processes on terrorists’ activities and human rights violations. For this study, the pragmatic paradigm theoretical framework was used, focusing on the descriptive exploratory design. Secondary data was used as a source. Additionally, face-to-face and telephonic interviews with subject matter experts were conducted. Eclectic coding was used as the primary coding methodology to integrate other coding methodologies in the analysis process. The research concluded that the current multidisciplinary collaborative process used by the United Nations Counterterrorism Committee and Human Rights Committee creates inefficiencies that enable terrorists’ activities to adapt while reinforcing their terrorist message. Strategically integrating the interdisciplinary process within both committees could expand each committee’s awareness and efficiency in specified areas while positively reducing terrorist activities and human rights violations. Developing an appreciation and understanding beyond one’s individual expertise while melding expert considerations is the basis of the interdisciplinary process that can positively effect social change for a more stable international forum.
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Mathabathe, Rethabile. "Profits versus human rights : accountability for corporate complicity in human rights violations." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/11819.
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This thesis seeks to examine the interplay between business and human rights within the context of political transitions from authoritarian to democratic rule. In the wake of the globalisation process and the subsequent breakdown of the Westphalian state system, transnational corporations (TNCs) have acquired augmented powers at a global level where previously states had been the only players; and yet TNCs have none of the human rights obligations of states, particularly under international law. This dissertation aims to examine why this accountability lacuna exists in relation to corporations, specifically in relation to state-sponsored human rights violations in which TNCs are complicit.
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Spinola, Priscilla Feres. "A experiência da maternidade no cárcere: Cotidiano e trajetórias de vida." Universidade de São Paulo, 2017. http://www.teses.usp.br/teses/disponiveis/5/5170/tde-11052017-140243/.
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As experiências de maternidade nos presídios brasileiros têm crescido diante do aumento do número de mulheres presas. A complexidade dessa condição e as adversidades no meio das quais elas se desenrolam convocam pesquisadores a aprofundar o conhecimento destas experiências de modo a tirá-las da invisibilidade social. Esta pesquisa teve como objetivo conhecer e compreender a experiência da maternidade no cárcere, a partir do cotidiano e da trajetória de vida de mulheres egressas do sistema penitenciário. Foi realizado estudo exploratório, descritivo e reflexivo, de caráter qualitativo, balizando-se nos pressupostos da hermenêutica-dialética e na construção de duas histórias orais. Para a análise, elegeu-se como eixo central o conceito de cotidiano. Foi possível a identificação de dez categorias, apresentadas a partir de uma perspectiva temporal das trajetórias das colaboradoras. Como resultados, na experiência \"Gestação, parto e pós-parto\", observouse que as mulheres grávidas vivenciaram diferentes condições de vulnerabilidade e riscos para a sua integridade física, bem como do bebê em formação, com precário acesso aos cuidados em saúde e sob marcantes violações de direitos. Na experiência \"Maternidade no cárcere\", período em que mãe-bebê permaneceram juntos na instituição, constatou-se que, em contraponto ao desamparo vivenciado, práticas de solidariedade foram desenvolvidas pelas mulheres como modo de organização e resistência às dificuldades e privações materiais- afetivas por elas vividas. Constatou-se que a experiência de cuidados dos filhos era percebida como uma experiência prazerosa, mas também desgastante devido ao cuidado intensivo e exclusivo da criança e às tristezas e durezas vividas no contexto do encarceramento. Assim, frente às precariedades e às rígidas normas da prisão, as mulheres construíam estratégias para otimizar e garantir os cuidados dos bebês e de si, ora exibindo posturas de submissão ora de resistência e reinvenção do cotidiano. A anunciada separação mãe-bebê permeou o imaginário das mulheres durante todo o período da gravidez e cuidado do filho, antecipando o sofrimento da concretização da despedida. Após a entrega de seus filhos para suas famílias, as mulheres desenvolveram modos singulares de lidar com o sofrimento e com a preocupante sobrecarga física, emocional e financeira causada a seus familiares. No período \"Vida após o cárcere\", as experiências das colaboradoras mostraram a difícil retomada do contato com os filhos e as repercussões para sua relação futura com eles. Essas dificuldades foram agravadas pelas barreiras, preconceitos e precariedade de acesso às políticas sociais e às de suporte para a inclusão social após o encarceramento. Como resultado, as mulheres necessitaram agenciar, por si próprias, a construção de projetos de vida que viessem a garantir o futuro de seus filhos após a prisão. Concluiu-se que o cotidiano prisional se apresentou como violador e normatizador da experiência materna e de sua relação com as crianças. Ademais, constatou-se que a experiência de maternidade foi utilizada como mais um modo de punição das mulheres, com prejuízos a seus filhos, por vezes, irreparáveis e que extrapolaram o espaço-tempo do cárcere. Ainda assim, pôde-se perceber que, frente a violações e sofrimentos, as mulheres construíram espaços para reinvenção e resistência a esse aprisionante cotidiano<br>Maternity experiences in Brazilian prison has been growing considering the increase of incarcerated women. This complex and adverse condition call upon researchers to deepen these experiences\' knowledge in order to make them socially visible. This research aims to apprehend and understand the experience of maternity in prison through everyday life and life trajectories of women who got out of prison. This is an exploratory, descriptive and reflexive, qualitative study. We used dialectical hermeneutics framework and constructed two oral histories, using the everyday life concept as main axis to analyze them. We identified ten categories in a temporal perspective of the collaborators trajectories. The results of the \"Pregnancy, birth and after birth\" experience show that pregnant women had different vulnerability conditions and risks for their physical integrity and the baby\'s as well. There was precarious access to health care and rights violation. In the experience of \"Maternity in prison\" we verified that when mother and baby stayed together in the institution, opposing the helplessness they lived, women developed solidarity practices as a mean of organization and resistance of the difficulties and material-affective privation they experimented. The experience of children care was perceived as pleasurable and exhausting at the same time due to the intensive and exclusive children care and to the sadness and hardness experienced in prison. Therefore, considering the precariousness and the rigid prison rules, women built strategies to optimize and guarantee the babies\' care and their self-care by adopting a submissive and resistance stances rotatively, and the recreation of their daily lives. The announced separation of mother-baby has permeated the women\'s ideals during the whole pregnancy and childcare period, anticipating the suffering caused by the separation moment. After delivering the children for their families, women developed singular ways to deal with the suffering and with the physical, emotional and financial load caused to their families. In the \"Life after prison\" period, the collaborators had difficulties in reestablishing the contact with their children and were uncertain about the consequences of their relation with them. The barriers, prejudice and precariousness of the access to the social policies and the support for social inclusion exacerbated it. As a result, women needed to act by themselves in order to have a life plan that would guarantee their children\'s future after imprisonment. We concluded that everyday life in prison revels to be a violator and standardizer of the maternal experience and its relation to the children. Hence, we verified that maternity experience was used as punishment for women, causing damage to their children that might be irreparable and that goes beyond the prison space-time. Considering the violations and suffering women experienced, they constructed spaces for recreating and resisting to the constraining everyday life in prison