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1
Khayundi, Francis Mapati Bulimo. "The effects of climate change on the realisation of the right to adequate food in Kenya." Thesis, Rhodes University, 2012. http://hdl.handle.net/10962/d1003190.
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This thesis examines the interplay between the effects of climate change and human rights. It seeks to interrogate the contribution of human rights in addressing the effects of climate change on the enjoyment of the right to food in Kenya. Climate change has been recognised as a human rights issue. Despite this acknowledgement, many states are yet to deal with climate change as a growing threat to the realisation of human rights. The situation is made worse by the glacial pace in securing a binding legal agreement to tackle climate change. The thesis also reveals that despite their seemingly disparate and disconnected nature, both the human rights and climate change regimes seek to achieve the same goal albeit in different ways. The thesis argues that a considerable portion of the Kenyan population has not been able to enjoy the right to food as a result of droughts and floods. It adopts the view that, with the effects of climate change being evident, the frequency and magnitude of droughts and floods has increased with far reaching consequences on the right to food. Measures by the Kenyan government to address the food situation have always been knee jerk and inadequate in nature. This is despite the fact that Kenya is a signatory to a number of human rights instruments that deal with the right to food. With the promulgation of a new Constitution with a justiciable right to food, there is a need for the Kenyan government to meet its human rights obligations. This thesis concludes by suggesting ways in which the right to food can be applied in order to address some of the effects of climate change. It argues that by adopting a human rights approach to the right to food, the State will have to adopt measures that take into consideration the impacts of climate change. Furthermore, the State is under an obligation to engage in activities that will not contribute to climate change and negatively affect the right.
2
Björkman, Barbro. "Ethical aspects of owning human biological material." Licentiate thesis, KTH, Philosophy and History of Technology, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-610.
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Poon, Sze-chung, and 潘思璁. "Socialisation of international human rights norms in the context of China's modernisation." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2014. http://hdl.handle.net/10722/198815.
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This thesis is about understanding the dynamics involved in the socialisation of international human rights norms. It examines the process within an analytical framework of transnational advocacy networks, the spiral model, in the context of China’s modernisation. Existing literature points to China’s economic power and potential political influence on the international arena and the Chinese state’s authoritarian regime domestically in explaining the limited achievements transnational advocacy networks have had in inducing human rights changes in China. This thesis responds with a novel perspective constructed in three steps by examining: 1) the relationship between China’s identity and political legitimacy since the beginning of China’s modernisation in the 1840s; 2) how China’s modernisation drive impacts the development of its domestic civil society; 3) the potential of human rights INGOs in inducing human rights changes with case studies of the Dui Hua Foundation and the Rights Practice. It is found that under this novel perspective, the Chinese state’s authority has been limited by rising social problems, which threaten the state’s political legitimacy to rule. Chinese civil society actors play an important role in producing solutions to these social problems, convincing the state to further relax its control. Human rights INGOs contribute to this relationship through strengthening Chinese civil society actors’ capacity in solving social problems and monitoring official institutions, while also informing government officials about reforms that could make domestic practices more compatible to international human rights norms. In this vein, despite the fact that international human rights norms have been altered by China’s power, they remain influential on China’s behaviour by the careful alignment of the human rights work of transnational advocacy networks to suit China’s interest to political legitimacy. This thesis confirms and strengthens the spiral model as a framework to understand the socialisation of international human rights norms. This thesis contributes to understanding the power of international human rights norms, i.e. the extent to which they influence the behaviour and practices of states, as well as the role of transnational advocacy networks in situations where human rights violations persist.published_or_final_version
Modern Languages and Cultures
Master
Master of Philosophy
4
Maina, Mary Wairimu. "‘The right to the city’ for marginalised communities through water and sanitation service projects." Thesis, Cape Peninsula University of Technology, 2017. http://hdl.handle.net/20.500.11838/2642.
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Thesis (DTech (Design))--Cape Peninsula University of Technology, 2017.The introduction of water service programmes has significantly improved the delivery of Water and Sanitation Services to marginalised communities in Kenya. Since the implementation of the Kenya Water Act of 2002, enacted policies have resulted in communal ablution blocks and water kiosks in some of the more densely populated settlements. In the development of service provision programmes to improve access to water and sanitation, the social and cultural implications have yet to be addressed. To better understand the partnerships between the marginalised community and the political agencies that ensure improved allocation of resources, community participation should be addressed in the emerging water governance. The right to water is a key clause in the new constitution of Kenya and although this is a laudable recognition of citizens’ rights to basic services, this constitutional clause is yet to be fully implemented. The exclusion of social practices followed by marginalised communities results in limits in the promotion and implemention water and sanitation projects. The resulting lack of water and sanitation services decreases the internal capacities of community members and inhibits development. A natural and finite resource such as water, often taken for granted by most, is the foundation to improved places in a community. These places reflect social relations within the given society and provide a platform for interaction. When this engagement occurs, meaning in both physical and social boundaries between different communities that emerge, can help assert agency to marginalised groups. While a programme is used to define a space by regulating through building codes and standards, a community’s role is validated by the inclusiveness of the design process. Therefore the resultant project allows for a sense of agency to be built, while boosting interaction through learning programmes, to improve civic duties in the society. These aspects are crucial for development and can be achieved using allocation of basic services like water and sanitation. Grounded Theory is used to analyse the interviews from the respondents and it concerns itself with the meanings attributed to steps within processes. This approach is applicable when meanings attributed to macro-level explanations and micro-level activities need to be uncovered. The interviews conducted for this study are analysed line-by-line coding and memo writing. The data is used as a narrative of distinct processes in both marginalised communities and political agencies. Using the model of an agent the study illustrates the process of agency that highlights the role of marginalised communities in participatory approches toward equitable access to water and sanitaion services. The cases approached in this study further articulate the processes used by political agencies to engage in community participatory approaches. Though these participatory approaches were seen to be more inclusive than previous service delivery approaches, gaps emerged in the study that are addressed in the relationship matrix. This model distinguishes the differences in the production of space through Water and Sanitation Service programs, and the creation of place in implemented projects. By aligning these two aspects of the production of space when applied to marginalised settings helps in understanding the context prior to the implementation of WSS development programmes. This recognition of the role that marginalised communities play in socioeconomic development can improve programmes and projects aimed at providing water and sanitation services. This access is important to marginalised groups which are disadvantaged, because of a difference in their practices. By understanding the social practices around the use, management and safeguarding of water and sanitation projects, community members can begin to attach cultural value to their water resources. This has implications for the sustainability of the projects and their replicability. Therefore social practices, and by extension culture, influence the concept and design of programmes to enable access to water and sanitation resources, especially to marginalised groups in society.
5
Theuri, Naomi. "Indicators of NGOs Success & Impacts on NGOs Role in HIV Policy Process in Kenya." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21798.
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NGOs have been actively involved in both global and national policy processes resulting to promotion of human rights. However, NGOs involvement in policy process heavily depends on their success, since policy makers choose to engage only successful NGOs. In determining whether NGOs are successful, indicators of NGO success should be evident in their operations. This thesis focuses on three indicators of NGOs success namely, sufficient resources, embeddedness in the community and an already established success in the country where NGOs are geographically located, with an aim to show that successful NGOs have a role in policy process, and such NGOs promote enjoyment of rights such as right to health and freedom from discrimination. The indicators are related to each other and are equally important for an NGO to gain success. Therefore, indicators of NGOs success have great impact on NGOs success that has an impact on NGOs role in policy process.
6
Onsongo, Francis Omweri. "Fertility decline among Abagusii women : the application of an adapted proximate determinants model." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1019924.
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The primary objective of this thesis is to account for the fertility decline among Abagusii women in South-western Kenya. The motivation behind the study was based on the fact that the fertility trends associated with this group of people had not been studied before. This is surprising because the Abagusii recorded one of the world's highest total fertility rates of 10.4 in 1979 (Omosa 1994; Osiemo 1986; Oucho 1990), but has also experienced significant fertility decline. The total fertility rate in 2004 stood at 4.7, (Anyara 2009). The analytical framework that is adopted is Stover's (1998) adaptation of the Bongaarts et. al. (1984) Proximate Determinants Model. These determinants such as contraceptive use, post-partum insusceptibility, sexual activity, abortion and sterility represent behavioural and biological variables that affect fertility directly. The manner in which they are employed involves using the index which indicates the extent to which each proximate determinant reduces the fertility of the group in question.
7
Mavela, Xolani Shadrack. "A genre-theoretic analysis of human rights texts in Xhosa." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52642.
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Thesis (MA)--Stellenbosch University, 2002.ENGLISH ABSTRACT: This thesis employs the theoretical framework of text construction advanced by Grabe and Kaplan (1996) for the analysis of human rights magazine texts in isiXhosa. The theory employed in this study includes linguistic elements, which can be included in teaching methodology for developing the learners' analytic skills in analyzing the discourse structure of written texts. These kinds of analytic skills are strongly reflected in Curriculum 2005 for the learning area languages. The thesis employs a range of textlinguistic strategies for analyzing written genre texts on human and civil rights issues. It is argued that the incorporation of these strategies by teachers in the process of language teaching in Curriculum 2005 will enable the learners to analyse texts successfully and to gain an awareness about how language is used in texts. For the purpose of analysis in this thesis, texts from the Bona magazine with contents ranging on human and community or civil rights were collected. The thesis demonstrates that text analysis involves to a large extent, an investigation of generic factors such as the communicative purpose, the culture and the community in which the text is produced. Following the discussion of the generic features of texts, a broad definition of the term text is explored, and the textlinguistic construction and certain levels of analysis are identified. In addition to this, the study demonstrates that analysis of the linguistic structure of texts needs to incorporate the discussion of the parameters of the ethnography of writing advanced by Grabe and Kaplan (1996). The ethnography of writing entails that a detailed analysis of texts should address the following questions: 'Who writes what to whom, for what purpose, why, when and how?' The study explores the implications and rationale for incorporating text analysis in language teaching and learning. Lastly, the relationship between the theoretical underpinnings assumed in this study, and the learning outcomes of Curriculum 2005 are explored. This study demonstrates that the theoretical framework of Grabe and Kaplan (1996) which underlies in the construction of written texts, will not only introduce the language learner to an inclusive language pedagogy, but can be employed for effective text analysis of isiXhosagenre texts on human rights in popular magazineslike Bona.
AFRIKAANSE OPSOMMING: Hierdie tesis maak gebruik van die teoretiese model van Grabe en Kaplan (1996) vir die analise van menseregte tydskrifartikels in isiXhosa. Die teorie wat aangewend word in die studie sluit linguistiese elemente in wat ingesluit kan word in taalonderrigmetodologie vir die ontwikkeling van leerders se analitiese vaardighede in die analise van diskoersstrukture van skriftelike tekste. Hierdie soort analitiese vaardighede word sterk gereflekteer in Kurrikulum 2005 vir die leerarea van tale. Die tesis wend 'n verskeidenheid tekslinguistiese strategieë aan vir die analise van geskrewe genre tekste oor menseregte en burgerlike regte vraagstukke. Daar word betoog in die studie dat die insluiting van hierdie strategieë deur onderwysers in die proses van taalonderrig in Kurrikulum 2005 leerders in staat sal stelom tekste suksesvol te ontleed en 'n bewussyn te kry van hoe taal in tekste gebruik word. Vir die doeleindes van analise is hierdie tesis is tekste gebruik uit die BONA tydskrif met 'n inhoud oor menseregte en gemeenskaps- en burgerlike regte. Die tesis demonstreer dat teksanalise in 'n groot mate 'n ondersoek behels van generiese faktore soos kommunikatiewe doelstelling, die kultuur en die gemeenskap waarin die teks geproduseer word. Na 'n bespreking van die generiese faktore van tekste word 'n breë definisie van die term "teks" ondersoek, en die tekslinguistiese konstruksie en bepaalde vlakke van analise word geïdentifiseer. Hierbenewens demonstreer die studie dat die linguistiese analise van tekste die bespreking moet insluit van die parameters van die etnografie van geskrewe tekste soos voorgestaan deur Grabe en Kaplan (1996). Die etnografie van geskrewe tekste behels dat die analise van tekste die volgende vrae ondersoek: Wie skryf wat vir wie vir watter doel, waarom, wanneer en hoe? Die studie ondersoek die implikasies en motivering vir die insluiting van teksanalise in taalonderrig. Laastens word die verhouding tussen die teoretiese grondslae, wat aanvaar word in hierdie studie, en die leeruitkomste van Kurrikulum 2005 ondersoek. Die studie toon aan dat die teoretiese raamwerk van Grabe en Kaplan (1996), wat onderliggend is aan die konstruksie van geskrewe tekste, kan aanvaar word om leerders in te lei in 'n meer inklusiewe taalonderrig en kan aangewend word vir effektiewe teksanalise van isiXhosa genre tekste gebaseer op die menseregte in populêre tydskrifte soos Bona.
8
Buabeng-Baidoo, Johannes. "‘Human Rights do not stop at the border' : a critical examination on the fundamental rights of regular migrants in South Africa." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18607.
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In Africa, the fight against poverty has a great deal in common with the struggle for political and
economic security. For many migrant workers around the continent and elsewhere, the need for
socio-economic security serves as the underlining motive for migration to boundaries beyond
their own, in search of ‘greener pastures’ - a life of dignity, respect and socio-economic security.
The high level of infrastructure, economic and political stability remains an attractive incentive
for irregular migrants to migrate to South Africa. Thousands of migrant workers make annually
the journey to South Africa with the hope of finding a better life. However, their arrival in South
Africa marks the beginning of an even more tenacious struggle against unimaginable odds. For
many irregular migrants, the dream of a better life soon becomes a nightmare highlighted by
constant struggle against xenophobia, police brutality, exploitation by unscrupulous employers,
marginalisation and disregard for fundamental human rights by the state.Mini Dissertation (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
9
Nichols, Lionel. "The International Criminal Court and the end of impunity in Kenya." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:34eab158-f675-492a-b844-f9a74e1a6ce6.
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This thesis considers the extent to which the International Criminal Court's Office of the Prosecutor ('OTP') has been successful in realising its self-defined mandate of ending impunity in Kenya. In particular, it focuses on the OTP's attempts to encourage domestic investigations and prosecutions as part of its strategy of positive complementarity. This strategy has been hailed as being the best and perhaps the only way that the OTP may use its finite resources to make a significant contribution to ending impunity. Despite this, no empirical study has been published that evaluates the effectiveness of this strategy and the impact that it has on ending impunity in the targeted situation country. This thesis seeks to address this gap in the literature by conducting a case study on the OTP's implementation of its strategy of positive complementarity in Kenya following that country's post-election violence in 2007/08. In doing so, I also hope to make a modest contribution to existing debates over the effectiveness of the ICC as an institution as well as international criminal justice and transitional justice more generally.
10
Rhéaume, Charles. "Science et droits de l'homme : le soutien international à Sakharov, 1968-1989." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0018/NQ55373.pdf.
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Patricia, Christensson. "The Role of Socio-Economic Factors on the Continuation of Female Genital Mutilation in Africa: A Critical Analysis of Kenya." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-43558.
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Kenya is one of the Sub-Saharan countries that continue to experience incidences of FGM among various ethnic communities. While FGM prevalence has reduced significantly in the last decade due to government crackdowns and the adoption of relevant anti-practice laws, several Kenyan communities continue to circumcise girls and women secretly. The current study sought to examine the role of socioeconomic factors in the continuation of FGM in Kenya. The study was guided by the tenets of structural functionalism. This theory was selected because of its efficacy in explaining how institutions such as family, economy, and education contribute to the persistence of FGM among Kenyan communities. The study utilized grounded theory as the principal methodology. Research materials in this study included scholarly sources published in credible databases. The strong association between marriageability and FGM, Islam, cultural rigidity, the fear of social stigma, the view of circumcision as a rite of passage, and the perceived safety offered by medicalization have ensured the continuation of the practice. From an economic standpoint, the depiction of FGM as a prerequisite to bride price, as well as the monetization of the practice by medical practitioners and families, have contributed significantly to its persistence.
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Yu, Lixia, and 俞麗霞. "Pogge on global justice." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2004. http://hub.hku.hk/bib/B29334639.
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Seleoane, Lebohang Clyde. "The implementation of socio-economic rights in South Africa : a meta-analysis." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51985.
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Thesis (MPhil)--Stellenbosch University, 2000.ENGLISH ABSTRACT: Socio-economic rights are the subject of much debate in South Africa and elsewhere. At first they were simply denied the status of any rights at all. Lately, there is a fair amount of recognition for them as rights. The tendency is, however, to relegate them to paper rights and invest very little effort in bringing about their actual realisation. In this thesis I inquire into the question of what a human right, properly so called, is, and then whether, in the light of that inquiry, there is a basis for the reluctance to embrace socio-economic rights. South Africa is uniquely fortunate in having a constitution that gives recognition to socio-economic rights and requiring the Human Rights Commission to monitor their implementation. But again there is a risk that the recognition of socioeconomic rights is left as a constitutional matter, and nothing or little is done for their practical implementation. Therefore I inquire into the manner in which the Human Rights Commission monitors the implementation of these rights. The inquiry into the Human Rights Commission's monitoring role is largely a question of methodology. Whether, in other words, the methods of the Commission are such as to yield reliable information on the subject. I also inquire whether the government's budgetary allocations indicate a serious approach to these rights. The budgetary allocations that are brought under the microscope relate to the seven core rights enshrined in the constitution, namely, housing, health care, food, water, social security, education, and environmental rights.
AFRIKAANSE OPSOMMING: Sosio-ekonomiese regte is die onderwerp van vele debatte in Suid-Afrika en elders. Aanvanklik was daar nie erkenning gegee aan die status van hierdie regte nie. Hierdie situasie het die afgelope tyd begin verander. Die tendens is egter steeds om dit te sien as regte slegs op papier en daar word nie 'n poging aangewend vir die realisering van hierdie regte nie. Ek ondersoek in hierdie tesis die kwessie van wat 'n mensereg, korrek so genoem, is en ook of, in die lig van hierdie ondersoek, daar 'n basis is vir die huiwering om sosio-ekonomiese regte te aanvaar. Suid-Afrika is uniek in die sin dat die konstitusie erkenning gee aan sosioekonomiese regte en die Waarheid-en Versoeningskommissie opdrag gegee het om die implementering daarvan te monitor. Daar is egter weereens die risiko dat die erkenning van sosio-ekonomiese regte slegs gesien word as 'n konstitusionele aangeleentheid en dat niks of baie min gedoen word rakende die praktiese implementering daarvan. Ek stel daarom ook ondersoek in na die wyse waarop die Menseregtekommissie die implementering van hierdie regte moniteer. Die ondersoek na die monitering van die Menseregtekommissie is hoofsaaklik metodologies van aard; dus of die metodes wat gebruik is, deur die Menseregtekommissie, betroubare inligting verskaf. Ek ondersoek ook of die regering se begrotingallokasies 'n ernstige ingesteldheid jeens hierdie regte toon. Die begrotingsaspekte wat ondersoek word hou verband met die sewe kernregte soos vervat in die konstitusie naamlik behuising, gesondheidsorg, voedsel, water, sosiale sekuriteit, opvoeding en omgewingsregte.
14
Stjärneblad, Sebastian. "The Regional Prosecution Model between Kenya and the European Union: Implications on International Criminal Law?" Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23524.
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Modern piracy has escalated outside the coast of Somalia and in the Gulf of Aden. In order to bring suspected pirates and alleged armed robbers to justice, the European Union has entered into a regional prosecution model with Kenya. In this study I examine if the regional prosecution model between Kenya and the European Union may have any implications on international criminal law by specifically analyzing the Kenyan jurisdiction to try piracy suspects and the right to fair trial in Kenyan criminal proceedings of piracy suspects. By using a legal method, this study offers some clarity regarding Kenya’s jurisdictional basis to prosecute piracy suspects, as well as, to what extent they respect the right to a fair trial in its criminal proceedings of alleged pirates. In addition, the legal analysis demonstrates that international criminal law may be undermined and subjected to mistrust. Furthermore, the legal analysis also offers indications on a normative development of the Security Council in relation to its role in bringing perpetrators of international crimes to justice.
15
Mandipa, Esau. "A critical analysis of the legal and institutional frameworks for the realisation of the rights of persons with disabilities in Zimbabwe." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18613.
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The Zimbabwean society views persons with disabilities (PWDs) ‘as useless
liabilities that have no role to play in society.’ The Zimbabwean Government has
also forgotten PWDs since they are not mentioned in all the country’s national
budgets. This has led to uncountable barriers faced by PWDs in their bid to be
included as equal members of the society. Some of the barriers are constant
discrimination, sheer poverty, lack of access to mainstream public services and
stigma. Hundreds to thousands of PWDs beg for alms in the streets of every
town and city. Zimbabwe then has to be reminded that all PWDs have:
a right to enjoy a decent life, as normal and full as possible, a right which lies at the
heart of the right to human dignity. This right should be jealously guarded and forcefully
protected by all states party to the African Charter in accordance with the well
established principle that all human beings are born free and equal in dignity and
rights.
Thus, the era of silence when it comes to the realisation of the rights of PWDs in
Zimbabwe has to come to an end. All PWDs in Zimbabwe should know that it is
by right and not by privilege to be guaranteed full and effective participation,
and inclusion in society. It is time for Zimbabwe to embrace all the rights for
PWDs without any hesitation. It is time for humanity to celebrate the inherent
dignity, individual autonomy, independence and the right not to be
discriminated against for all PWDs. Every lawmaker in Zimbabwe has to be reminded to delete from the statute books all laws which view disability as a
medical problem and instead, pass laws which are in line with the human rights-based approach which is a more enlightened, realistic and people-centred
approach to disability. No time to play but plenty of time to work…!Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
16
Chirwa, Danwood Mzikenge. "Towards binding economic, social and cultural rights obligations of non-state actors in international and domestic law: a critical survey of emerging norms." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This study argued that the issue of non-state actors requires a comprehensive response that includes the recognition of both non-binding and binding human rights obligations of these actors. It examined critically the emerging norms on voluntary obligations, state responsibility, and direct responsibility of these actors with regard to human rights at both international and domestic levels.
17
Thorpe, Jennifer. "Harmful scripts : raunch femininity as the disguised reiteration of emphasized feminine goals : an exploration of young women's accounts of sexually explicit forms of public expression." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1004521.
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Women are subject to a number of societal recommendations about what it means to be an 'ideal' woman. These recommendations take the form of social scripts, constructing an idea of ideal femininity, which women must perform in order to be socially accepted and successful. 'Emphasized femininity', a white, Western, script of femininity is dominant and has been critiqued by feminists, social theorists, and individual women for the limits that it places on women's behaviour. As a result a number of alternative scripts of femininity have arisen. These scripts can provide alternatives to restrictive understandings of female sexuality and beauty - they can serve to challenge 'appropriate' feminine behaviour and hence allow women to live more freely. Raunch femininity is a contemporary alternative that uses sexually explicit public performance, and encourages specific body and dress norms, in an attempt to challenge the norms of emphasized femininity. This thesis looks at raunch femininity, specifically its norms of sexuality and beauty, in the hopes of understanding what the effects of such a script are on women's behaviour. Theoretical understandings and explanations of women's lives are often contradicted by reports that women provide of their lived experiences. For this reason, this thesis investigates the lived experiences of women who self-identify as subscribers to this script in order to assess to what extent superficial expressions of freedom have deeper effects on women's freedom. The tension between theory and empirical reports is evident. However, in many cases, the reports of research participants reveal that the script of raunch femininity, like other scripts of feminine behaviour, has its own limits that women must abide with in order to be accepted. This thesis argues that these limits outweigh the benefits of this script.KMBT_363
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Miamingi, Remember Philip Daniel. "Inclusion by exclusion? : an assessment of the justiciability of socio-economic rights under the 2005 Interim National Constitution of the Sudan." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8099.
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This work critically examines the justiciability of the Sudan model of constitutionalising socio-economic rights (SER) and the legal implications of this model. Discusses the following questions: (1) What is the scope and extent of the Sudan Bill of Rights? (2) What is the effect of section 27(3) on section 22 of the Sudan Interim National Constitution? (3) Does the Constitution provide for justiciable SER, if yes, can the South African model of
rendering SER justiciable and their standard of review provide a useful guide to the Sudan?Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Professor Julia Sloth-Nielsen of the Community Law Centre, University of the Western Cape
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
19
Rabelo, Carolina Gladyer. "Dignidade na ordem econômica: o capitalismo humanista como dimensão econômica dos direitos humanos." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/20942.
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Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES
This thesis aims to study the human dignity within the framework of the Brazilian constitutional economic order, which affirmed it as its purpose. Our proposal, based on a fraternal view, consists the search for the effectiveness of this principle in the context of the current capitalist system. The analysis is based on the multidimensionality of human rights, which according to the Theory of Humanist Capitalism – used as a methodological postulate of this work, comprises an indissoluble consolidation of the three dimensions of human rights, linked to: freedom, equality and fraternity. In today's world, where changes occur at the speed of light, there is no more space for a Cartesian thinking, where each discipline remains restricted to its field of activity. Law, a conjectural science par excellence, is not oblivious to such a finding. Therefore, we understand that the problem brought must be a subject of study through other optics, such as Quantum Physics, which understands the interconnection of factors and the awareness of coexistence. Thus, firstly, we will treat the methodological bases used, which contemplate Normative Jus-humanism and Humanist Capitalism, as well as the reinforcements inherent in the Theory of Morphic Fields, Quantum Mechanics and the Theory of Quantum Law. In the next section, we propose an analysis focused on the concept of human dignity and its relation with human rights. Following, using the assumptions presented, we defend the satisfaction of human dignity as a tangible objective, through the recognition of humanist capitalism as the economic dimension of human rights, by its philosophical bases and its legal-economic systematic
Esta tese tem como objeto de estudo a dignidade humana no âmbito da ordem econômica constitucional brasileira, que a afirmou como sua finalidade. Nossa proposta, embasada por um olhar fraterno, compreende a busca pela efetivação do referido princípio no contexto do sistema capitalista vigente. Referida análise encontra-se baseada na multidimensionalidade dos direitos humanos, que segundo a Teoria do Capitalismo Humanista – utilizada como postulado metodológico deste trabalho, compreende um adensamento indissolúvel de três dimensões de direitos humanos, ligadas a: liberdade, igualdade e fraternidade. No mundo atual, onde as mudanças ocorrem na velocidade da luz, não há mais espaço para um pensar cartesiano, onde cada disciplina permanece restrita ao seu campo de atuação. O Direito, ciência conjectural por excelência, não fica alheio a tal constatação. Por isso, entendemos que a problemática ora trazida deva ser estudada por meio de outras óticas, a exemplo da Física Quântica, que entende pela interligação de fatores e pela consciência da coexistência. Assim sendo, primeiramente, serão tratadas as bases metodológicas utilizadas, que contemplam o Jus-humanismo Normativo e o próprio Capitalismo Humanista, bem como, os reforços inerentes à Teoria dos Campos Mórficos, à Física Quântica e à Teoria Quântica do Direito. Adiante, propõe-se uma análise voltada ao conceito de dignidade humana e da relação desta com os direitos humanos. Na sequência, nos utilizando dos pressupostos então apresentados, defendemos como objetivo tangível a satisfação da dignidade humana, por meio do reconhecimento do capitalismo humanista como dimensão econômica dos direitos humanos, em função de suas bases filosóficas e sua sistemática jurídico-econômica
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Musungu, Sisule Fredrick. "The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement." Diss., University of Pretoria, 2001. http://hdl.handle.net/2263/931.
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"The implementation of the TRIPS Agreement, within the wider context of globalisation, has brought about a conflict between the obligation of states to promote and protect health and the achievement of economic goals pursued under the WTO regime. Since trade is the driving engine of globalisation, it is imperative that, at the very least, rules governing it do not violate human rights but rather promote them. The problem of IP and the right to health therefore lies in ensuring that the integration of economic rules and institutional operations in relation to IPRs coincide with states’ obligations to promote and protect public health. ...
This study centres on the specific debate about health and IPRs in the context of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the WTO rules on IP protection. In terms of a human rights approach to the TRIPS Agreement, the ICESCR has been chosen for several reasons. First, the ICESCR specifically recognises both the right to health and the right to the protection of inventions in clearer terms than any other human rights instrument. Secondly, at least 111 of the state parties to the ICESCR are also members of the WTO including a large number of developing countries. Thirdly, if one sees the ICESCR as a vehicle for the fulfilment of the obligation to promote and protect human rights under the United Nations Organisation’s (UN) Charter, it can be argued that in line with article 103, the implementation and interpretation of TRIPS by all UN members states must take into account basic human rights. However, even with primary focus being on the ICESCR, most of the discussion on practical issues will focus on the experiences in Sub-Saharan Africa because the inequalities and problems of access to health care are most dramatically played out in this part of the world.
The objective of the study is to examine the relationship between the obligation of states to progressively realise and guarantee the right to health, and the IP rules under the TRIPS Agreement. The specific objective is to examine the relationship between the exceptions under the TRIPS Agreement and the obligation to protect health and the identification of a consistent way of achieving a convergence between the implementation and interpretation of the rules of the two regimes in the area of health." -- Chapter 1Mini Dissertation (LLM)--University of Pretoria, 2001.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Manda, Levi Zeleza. "Gender discourse and Malawian rural communities: a study of the meaning the people of traditional authority Likoswe of Chiradzulo make from human rights and gender messages." Thesis, Rhodes University, 2002. http://hdl.handle.net/10962/d1002910.
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Contrary to earlier beliefs and media theories such as the hypodermic needle or magic bullet, the audience of public communication is not a passive homogenous mass that easily succumbs to media influence. The audience is active, that is, it makes an effort to interpret media content. Depending on predisposing cultural, political, religious, or economic factors the audience makes different meanings from media texts. Media messages are not wholly controlled by producers, although the producers have their preferred and expected readings. Using qualitative research techniques associated with ethnographic and cultural studies (notably focus group discussions), this study sought to explore the meanings rural people in Malawi make out of human rights and gender messages broadcast on radio and through music. Interpreted against Stuart Hall's (1974b) Encoding and Decoding model, the study concludes that while rural communities understand and appreciate the new sociopolitical discourse, they take a negotiated stance because they have their own doubts and fears. They fear losing their cultural identity. Additionally, men, in particular, negotiate the messages because they fear losing their social power over land, property and family.
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Mitchell, Leslie Roy. "Discourse and the oppression of nonhuman animals: a critical realist account." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1003951.
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This work examines the use of nonhuman animals in the farming industry and seeks to understand why this practice takes place and what supports its continuation. The research is approached from a critical realist perspective and after a description of past and current practices in the industry, it uses abduction and retroduction to determine the essential conditions for the continuation of the phenomenon of nonhuman animal farming. One essential condition is found to be the existence of negative discourses relating to nonhuman animals and this aspect is examined in more detail by analyzing a corpus of texts from a farming magazine using Critical Discourse Analysis. Major discourses which were found to be present were those of production, science and slavery which construct the nonhumans respectively as objects of scientific investigation, as production machines and as slaves. A minor discourse of achievement relating to the nonhumans was also present. Further analysis of linguistic features examined the way in which the nonhumans are socially constructed in the discourses. Drawing on work in experimental psychology by Millgram, Zimbardo and Bandura it was found that the effects of these discourses fulfil many of the conditions for bringing about moral disengagement in people thus explaining why billions of people are able to support animal farming in various ways even though what happens in the phenomenon is contrary to their basic ethical and moral beliefs.
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Mugambe, Lydia. "The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed?" Diss., University of Pretoria, 2002. http://hdl.handle.net/2263/980.
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"The thesis of this study is that the flexibility within the exceptions to patent rights protecton under the TRIPS Agreement has not sufficiently been exploited at the national level. The study conceptualises the regimes for the protection of the right to health and IPRs not as mutually exclusive but as potentially reinforcing. The contention is therefore that the obligations in respect to the right to health limit the manner in which states can exercise the flexibilty within the patent regime of the TRIPS Agreement. Eventually the study seeks to answer the question: Where does the guarantee for the right to health lie in light of the TRIPS regime? ... The study is divided into three chapters preceded by an introduction. The introduction lays the background for te discussion. Chapter one deals with the definition of important concepts and provides the context in which the study is set. The chapter also discusses the background to the creation of the TRIPS Agreement, with an emphatic discussion on the involvement or lack thereof of Africn and other least developed and developing countries in this process. Chapter two discusses the patent rights exceptions clause under the TRIPS Agreement. Against this background, compuslory licensing, government use and parallel importing as means of making accessibility to drugs a reality under the TRIPS Agreement will be discussed. Chapter three identifies other means of making drugs more accessible and identifying places where they have worked well. In this chapter, generic substitution, establishemnt of a pricing committee, therapeutic value pricing, pooled procurement, negotiated procurement and planned donations will be discussed. Finally a conclusion will be drawn from the discussion and recommendations will be advanced." -- Chapter 1.Prepared under the supervision of Riekie Wandrag at the Community Law Centre, University of Western Cape, South Africa
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2002.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Castro, José Roberto Wanderley de. "A crise da pós-modernidade e o militante católico de direitos humanos no período de 1980 a 2000, no cenário recifense." Universidade Católica de Pernambuco, 2007. http://www.unicap.br/tede//tde_busca/arquivo.php?codArquivo=180.
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O presente estudo tem como objetivo perceber o impacto da crise da pós-modernidade entre os militantes católicos em defesa dos Direitos Humanos do Recife, no período histórico de 1980 a 2000. Como perceber a militância, após a saída e Dom Helder? Fazendo o uso das teorias de Gramsci para construir o universo de pesquisa, e assim perceber o alcance da crise da pós-modernidade entre os católicos engajados. Tal universo foi composto por professores Curso de Teologia da Universidade Católica, que participaram de pastorais e movimentos no período histórico da presente pesquisa. Utilizando entrevistas pessoais, foi possível concluir que, assim como todos os que compõem a sociedade e seus estamentos, os militantes sofreram os efeitos da pós-modernidade, o que refletiu em sua atuaçãoThe present study it has as objective to perceive the impact of the crisis of the after-modernity on the catholic militants in defense of the Human Rights in Recife, in the historical period of 1980 the 2000. How to perceive the militancy after the exit and Dom Helder? Making the use of the theories of Gramsci to construct the research universe, and thus to perceive the reach of the crisis of after-modernity in the militant ones. The universe of the research was composed for professors of course of Theology of the Catholic University who had militated in the historical period of the present research. Using personal interviews, it was possible to conclude that, as well as all the ones that compose the society and its estamentos, the militant ones had suffered the effect from after-modernity, what it reflected in its performance
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Moen, Siri. "Managing political risk : corporate social responsibility as a risk mitigation tool. A focus on the Niger Delta, southern Nigeria." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/20189.
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Thesis (MA)--Stellenbosch University, 2012.ENGLISH ABSTRACT: The petroleum industry concern itself with natural resource extracting activities which are highly sensitive for contributing to environmental degradation by oil spills or gas flaring. A large proportion of the world’s oil and gas reserves is located in developing countries where the presence of multinational oil corporations (MNOCs) is high as host countries often lack the infrastructure needed or are financially unable to conduct extracting operations on their own. The Niger Delta in southern Nigeria has one of the largest oil reserves in Africa and is one of the world’s leading oil exporters. MNOCs like Shell, Chevron, Total, ExxonMobil and Statoil are some of the firms present in the Niger Delta region. The oil-rich area in the developing country poses high levels of political risk for the MNOCs. Local grievances, paired with environmental degradation and human rights violations by the oil companies, have led to a tense relationship between the local stakeholders and the MNOCs, with so-called petro-violence at the center of the oil conflict. Frequently, oil installations are sabotaged and crude oil is stolen, causing major financial losses for the firms, and armed attacks on oil facilities and kidnapping of MNOCs’ staff constitute the majority of political risks facing MNOCs operating in the Niger Delta. This study investigates how MNOCs can successfully manage such political risks, providing a business advantage in a challenging business environment. By addressing the companys’ own behaviour, the research analyses if social engagement through corporate social responsibility (CSR) can mitigate political risk in the Niger Delta. The study looks at two different MNOCs operating in the Niger delta, Shell and Statoil, and scrutinises their methods of implementation of their CSR initiatives. The difference in approaches to CSR is elucidated where Shell claims it has repositioned its approach from a top-down angle during the first years of conducting CSR projects, to a more stakeholder-oriented approach. Yet, their approach is still found to carry elements of the previous top-down approach, and has not resulted in satisfactory performance in relation to stated goals. Statoil undertakes a stakeholder-oriented bottom-up approach, executed with a high level of commitment. The stated CSR goals have to a great extent been met. By assessing the two companies’ CSR strategies in relation to the frequency of political risks experienced by each MNOC, the study finds that CSR has the potential to mitigate political risk depending on the approach to implementation, and could serve as a political risk management strategy.
AFRIKAANSE OPSOMMING: Die brandstofbedryf is betrokke by die ontginning van natuurlike hulpbronne, ’n aktiwiteit wat hoogs sensitief is vir sy bydrae tot omgewingsbesoedeling as gevolg van storting van olie en opvlamming van gas. ’n Baie groot deel van die wêreld se olie en gas reserwes word aangetref in ontwikkelende lande. Die teenwoordigheid van Multinasionale Olie Korporasies (MNOKs) in hierdie lande is groot omdat daar gewoonlik ’n gebrek aan toepaslike infrastruktuur is en die lande ook nie finansieel in staat mag wees om die ontginning op hulle eie te doen nie. Die Niger Delta in die Suide van Nigerië beskik oor een van die grootste olie reserwes in Afrika en is een van die voorste olie uitvoerders in die wêreld. Shell, Chevron, Total, ExxonMobil en Statoil is van die bekende MNOK wat ontginning doen in die Niger Delta gebied. Die olieryke gebiede in ’n ontwikkelende land kan groot politieke risiko vir die MNOKs inhou. Plaaslike griewe gekoppel aan omgewings besoedeling en menseregte skendings deur die oliemaatskappye het gelei tot ’n gespanne verhouding tussen hulle en die plaaslike belange groepe, en sogenaamde “petrogeweld” staan sentraal hierin. Heel gereeld word olie-installasies gesaboteer en ru-olie word gesteel, wat natuurlik groot finansiële verliese die firmas inhou. Daarby word gewapende aanvalle op die olie-installasies uitgevoer en van die MNOKs se personeel ontvoer. Al hierdie dinge vorm die groot politieke risiko’s wat die MNOKs in die Niger Delta in die gesig staar. Hierdie studie ondersoek hoe die MNOKs met welslae hierdie politieke risiko’s kan teenwerk om vir hulle ’n suksesvolle besigheid te vestig in ’n baie mededingende bedryfsomgewing. Deur te kyk na die maatskappy se eie gedrag, sal die navorsing analiseer of gemeenskapsbetrokkenheid deur korporatiewe sosiale verantwoordelikheid (KSV) die politieke risiko in die Niger Delta kan temper. Die studie kyk na twee verskillende MNOK wat in die gebied bedryf word, Shell en Statoil, en kyk noukeurig na die manier waarop hulle KSV inisiatiewe toegepas word. Die verskil in benadering tot die probleem word toegelig deur die feit dat Shell beweer dat hulle ’n bo-na-onder benadering in die beginjare van KSV projekte verander het na ’n beleid waar meer na die betrokkenheid van belangegroepe gekyk word. Tog word gevind dat daar nog oorblyfsels is van die bo-na-onder benadering en dat doelwitte wat gestel is nie bevredigend bereik is nie. Statoil daarenteen. Implementeer ’n onder-na-bo benadering met betrokkenheid van belangegroepe en ’n hoë vlak van toewyding deur die maatskappy. Die gestelde KSV doelwitte is grootliks behaal. Deur te kyk na die twee maatskappye se ervaring van politieke risiko in verhouding met hulle KSV strategieë bevind hierdie studie dat KSV wel die potensiaal het om, as dit suksesvol toegepas word, politieke risiko te temper en dus kan die as ’n strategie om sodanige risiko te bestuur.
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Bagal, Monique. "La protection des indications géographiques dans un contexte global : essai sur un droit fondamental." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3077.
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Les négociations internationales concernant la protection des indications géographiques connaissent, depuis près de deux décennies, un blocage au sein de l’Organisation Mondiale du Commerce opposant des pays défenseurs des indications géographiques, à des pays plus sceptiques. Résultant d’un compromis entre l’approche des pays de l’Union Européenne et celle des Etats-Unis, les standards minimum de protection des indications géographiques de l’ADPIC ont mis en lumière la diversité des approches juridiques en la matière et fait émerger un débat quasi-passionnel sur les moyens appropriés que l’Etat doit mettre en œuvre pour protéger les noms géographiques. L’histoire renseigne sur le fait que le plaidoyer pour ou le réquisitoire contre l’un ou l’autre camp ont toujours tourné autour des philosophies de la protection des indications géographiques : d’une part, les pays défenseurs des indications géographiques prônent à travers leur mise en œuvre, la protection d’industries plus vulnérables à la concurrence ; d’autre part, les pays sceptiques privilégient le plus possible, la liberté du commerce et de l’industrie et par ricochet, la libre exploitation des signes. Pour ces derniers, seule la reconnaissance par le consommateur d’une association qualité-origine du produit justifie une réservation du nom. Le régime multilatéral des IG issu de l’Accord sur les aspects de la propriété intellectuelle qui touchent au commerce résulte donc d’un compromis entre ces deux philosophies de la protection. D’aucuns ont souligné le caractère insatisfaisant d’un tel compromis qui ne rend pas nécessairement compte de la nature réelle de ces signes géographiques. Ce travail tente de le transcender. Il est fondé sur le pari que, dans une perspective juridique, tout n’a peut-être pas été essayé. Dans un effort pour trouver un dénominateur commun et pour proposer une solution à l’impasse actuelle, cette recherche repose sur le rapprochement du régime de protection des indications géographiques, au régime de protection des droits de l’Homme. Non pas dans une perspective moralisatrice mais bien dans un effort pour déduire des solutions concrètes quant à la portée de la protection internationale des IG et du rôle des Etats dans la mise en œuvre de ces outils de propriété intellectuelle. L’article 15.1 c) du Pacte sur les droits économiques, sociaux et culturels prévoit : « Chacun a droit à la protection de ses intérêts moraux et matériels découlant de toute production scientifique, littéraire ou artistique dont il est l’auteur ». L’activation de cet article pourrait permettre de voir en les détenteurs d’IG non pas seulement les sujets bénéficiaires de la protection mais les sujets destinataires de politiques publiques. Il y aurait un donc un « droit de » bénéficier d’une certaine protection des IG et un « droit à » certaines prestations publiques. Au-delà de ce cadre en apparence rigide, le recours au droit international des droits de l’Homme rend la recherche d’un équilibre entre les droits de détenteurs IG et les droits du public plus intégratrice d’enjeux multiples et indispensable à la légitimité du régime multilatéral de protection des IGSince two decades, the international protection of geographical indications is characterized by a “blockage” in the negotiations at the World Trade Organization opposing the countries favorable to the protection of geographical indications to countries more skeptical in this regard. Deriving from a compromise between the European conception of the protection of GIs and the American one, the minimum standards of TRIPS have revealed the different legal options in this field and have resulted in a passionate debate over the appropriate role of the State. History shows that the advocacy for, or indictment against one or the other way of protecting GIs focuses essentially on the philosophy of protection in one or the other territories. As a reminder, the European Union “culture” is to protect industries far too exposed to competition while the American “culture” is to preserve economic freedom of operators and to grant monopoly on a geographical name only where such name has been tested on the market and is recognized by the “public” as having a geographical anchorage. Equally compelling, neither of these philosophies has allowed reaching the most acceptable balance for GI regime. This work seeks to transcend them. It bets that everything has not been tried yet, at least from a legal perspective. In order to find a common solution and a way forward to multilateral protection of geographical indications, the paper relies on the culture of “human rights”, not really with a view to “moralize” the field of study but more to deduct practical answers deriving from the international human rights law. As a matter of fact, article 15.1 c) of the Convention on Economic, Social and Cultural Rights provides that “The States Parties to the present Covenant recognize the right of everyone […] to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author”. The activation of this article could allow approaching geographical indications operators, not only as beneficiaries of certain rights but also as beneficiaries of public policies. By virtue of article 15.1 c), there shall be a right to benefit from the GI protection (“right-liberty”) but also, a right to claim certain public policies (“right-debt”) in this regard. Beyond this seemingly strict framework for GIs, the reference to international human rights law proves to beneficial to the necessary balance between the rights of GI operators and the rights of the public. Incidentally, this balance is inclusive of multiple issues which is essential to the legitimacy of the multilateral regime of protection of GIs
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Kinuthia, Wanyee. "“Accumulation by Dispossession” by the Global Extractive Industry: The Case of Canada." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/30170.
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This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.
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Khakula, Andrew Barney. "Theory and practice of social and economic rights in Kenya." Diss., 2015. http://hdl.handle.net/10500/22243.
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Osiemo, Lynette. "Securing corporate accountability for violation of human rights: towards a legal and policy framework for Kenya." Thesis, 2016. http://hdl.handle.net/10539/22370.
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Thesis submitted in fulfillment of the requirements for the degree of Doctor of Philosophy, presented to the School of Law, Faculty of Commerce, Law and Management, University of the Witwatersrand.Over the last few decades, the debate on the topic of business and human rights has dominated the international scene. Initially, the debate focused on the question whether corporations have obligations beyond making profits. This is no longer contested, and the issue now at hand is the need to define what these obligations are and to determine how they can be enforced. In the history of the development of human rights, the duty to uphold human rights and secure their protection was considered a preserve of the state. However, with changing economic dynamics and increased globalization, it is undeniable that states are no longer the only or major threat to human rights; the modern corporation, much bigger in structure and complex in operations than before, has taken its place beside the state, having as much potential as the state to negatively impact human rights. Kenya adopted a new Constitution in 2010, at the same time that John Ruggie, the Special Representative of the UN Secretary General on Business and Human Rights was finalizing his mandate and putting together his findings based on research he had conducted over a number of years. The business and human rights deliberations Ruggie steered at the international level were expected to culminate in the negotiation of an internationally binding instrument. This did not happen. This study shows that the failure to propose the negotiation of a treaty was not fatal to the Business and Human Rights agenda, but rather that the alternative approach taken presents a more ideal opportunity to prepare the ground for the future negotiation of a treaty. Ruggie developed the UN Guiding Principles on Business and Human Rights and proposed them as a common global platform for action, an authoritative focal point to direct efforts geared at understanding the corporate obligation for human rights. Although both the Constitution of Kenya and Ruggie’s findings underscore the role of the corporation in upholding human rights, the corporate obligation with regards to human rights is not clear. The main objective of the research was therefore to give human rights obligations of corporations in Kenya greater specificity so that both corporations and the State may more effectively implement them. The study undertook to investigate what the corporate obligation for human rights entails, building on the foundation established by the 2010 Constitution, which provides for horizontal application of the Bill of Rights to juristic persons, and the guidance offered for states and corporations and other business entities through the UN Protect, Respect and Remedy Framework and the UN Guiding Principles. The study established what the obligations under the three pillars recommended in the UN Framework would mean for Kenya. The mistaken belief commonly held by corporations that corporate social responsibility is the same as human rights obligation was explored. The findings also show that the State Duty to Protect will mainly be exercised through the enactment of laws that offer guidance to corporations on what constitutes their duty and how it can be executed in practice. The study therefore recommends that amendments and additions be made to particular laws, the main one being the Companies Act of Kenya, to guide corporations in executing their human rights obligation. Furthermore, a recommendation is made that the Commission charged with implementing the Constitution include a specific section on Business and Human Rights in the National Policy and Action Plan drawn up to implement the 2010 Constitution. This will ensure that due attention is given to the subject, and a clear and comprehensive approach adopted to make corporate accountability for human rights violations a practical and realistic goal. The proposals made for the Action Plan include factors that will improve access to remedy for victims of human rights violations.
MT2017
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Klein, Alana. "Proceduralism in Social and Economic Rights." Thesis, 2011. https://doi.org/10.7916/D8H137ZM.
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This dissertation engages with and contributes to a growing literature on procedural approaches in theorizing, monitoring and adjudicating social and economic rights, with reference to new governance literature. It analyzes a move in social and economic rights away from the generation and monitoring of substantive norms by treaty monitors, judges, and scholars, and toward processes designed to generate accountable, participatory, non-uniform, iterative responses to rights broadly conceived. The first paper explores the emphasis on new governance style proceduralism in the adjudication of these rights. The second focuses on the right to health and considers how collaborations among criminal justice, public health, and community actors can be informed by the new proceduralism in state responses to non-disclosure of HIV-status in sexual relationships. The third and final article argues that the use of new governance style proceduralism for rationalizing the distribution of publicly-funded health care resources in Canada dovetails with the emergent focus on process in human rights to open space for more meaningful human rights scrutiny. Each of the three papers concludes with a discussion of the limits of these emerging approaches.
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Lotz, Miranda. "Opvoeding tot menseregte : groeps- en gesinsregte." Thesis, 2014. http://hdl.handle.net/10210/11143.
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M.Ed. (Educational Psychology)Human rights are currently the focal point of discussion. It is an actuality which' gains prominence as the complexity of society increases. This study will focus on the rights of the individual in relation to the other members of the group and the family. The family is seen as a bond of community in which the individual is anchored. The problems which are therefore addressed in this dissertation, are: Are children sufficiently informed about the rights of the individual in his group and his family? Are there any aspects with regard to the rights of the individual in his group or family about which children have almost no knowledge? The aim of this study was to ascertain to what extent the rights of the individual in the group are communicated to the child by the school, and to determine which educational gaps exists in this respect. The nature of this study is exploratory and descriptive. Exploratory studies have as their aim the exploration of a relatively unknown area. In this project the rights of the individual in his group and family are examined; also whether, and to what extent, these rights are communicated to the child - it is a relatively unknown area in educational studies which is explored. The ways in which the research in this study was by undertaken and carried out, includes amongst others a study of the literature which contains the relevant and, where possible the youngest views of experts on the appropriate area of research. It will form the frame of reference for the empirical study which will follow. The empirical component of the investigation was based on the implementation of a questionnaire. The variables were subjected to an item analysis. The independent variables, ie., sex; character; age; language; language of instruction; religion; news value; experience in teaching; qualification; professional skill and guardianship, were used to investigate the importance of the rights of the individual in relation to the other members of the group and the family.
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Ndethiu, Maureen K. "Environmental justice in Kenya : a critical analysis." Diss., 2018. http://hdl.handle.net/10500/24460.
Full textAbstract:
Environmental justice, a new but rapidly developing concept in international environmental law, arose in the United States of America during the Environmental Justice Movement of the late 1970s and 1980s. It starkly highlighted injustices faced by people of colour and low-income communities as regards racially skewed environmental legal protection and allocation of environmental risks. The movement radically changed the meaning of ‘environment’ from its conventional green overtones to include issues of social justice at the core of environmental thinking. I critically examine the concept of environmental justice in the Kenyan context by highlighting the injustices, and the formulation and application of laws and policies that significantly impact on environmental regulation and equitable distribution of social services.Private Law
LL. M.
33
Nkosi, Lolah. "Social impact of mining." Thesis, 2015. http://hdl.handle.net/10210/13886.
Full textAbstract:
LL.M. (International Law)Mining is an activity which contributes greatly and positively to a country’s economic development by creating job opportunities, development of roads, health care centres and educational facilities. However, mining in certain instances can also have a long lasting negative environmental and social impact on communities. The focus of this dissertation will be to address those instances where mining has a negative social impact on the communities where such mining projects are taking place. The negative social impact of mining in certain cases is regarded as a universal phenomenon. Citizens of many countries where mining activities take place i.e. “mining counties” especially in the under-developed, developing and countries with economies in transition, such as Ghana, Mali, South Africa and Tanzania in an African Continent are confronted with an array of negative consequences associated with the negative social impact of mining activities. However this does not mean that other continents are immune from this. Asian countries such as Paupau New Guinea, India, and China are also faced with the negative social impact of mining.
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Burger, Mara Rus. "Opvoeding tot menseregte : vryheid en privaatheid." Thesis, 2014. http://hdl.handle.net/10210/11165.
Full textAbstract:
M.Ed. (Educational Psychology)Education in human rights has been grossly neglected in the South African schooling system. The far-reaching changes that are currently being worked in this country, however, compel all educators to start instructing their students not only in their own rights, but also in the rights of their fellow-citizens. This study forms part of a greater research project that has been launched by the Department of Educational Sciences of the Rand Afrikaans University. The aim of this study was to establish to what extent pupils have been made aware of their right to freedom and privacy by the time they have reached Std. 10. The following aspects of the right to freedom and privacy were identified on the basis of a literature study: the right to protection of a person's body, freedom of speech and expression, freedom of association, freedom of thought, freedom of worship, freedom of movement and the right to privacy. Following the identification of the above-mentioned aspects, a questionnaire was compiled, the results of which were verified by the process of content validation. Hypotheses made on the bases of pender, age group and religious affiliation were tested and the confidence of the questionnaire was tested on the 1% and 5% level. The most important findings of the investigation are as follows: The high average values obtained in respect of all aspects of freedom and privacy indicate that the respondents attach much importance to and are well informed on their right to freedom and privacy. The fact that so many respondents attach much importance to the right to the protection of their bodies, to the right to associate with whomever they choose and to freedom of speech, shows these factors to be of vital importance to their education. It was found that female respondents were of the opinion that pupils were made more aware of their right to freedom and privacy by the time they had reached Std. 10 than their male counterparts. Significant differences of opinion were found to exist between teachers and pupils, the various age groups, language groups, religions and teachers with different teaching experiences and qualifications as regards the question to what extent schools have made children aware of their right to freedom and privacy by the time they have reached Std. 10. Respondents were of the opinion that neither media exposure (l.e. radio, television and newspapers) nor school education and guardianship had any significant influence on the extent to which pupils are informed on their right to freedom and privacy. It can be concluded, therefore, that greater awareness needs to be created at school level as far as the education of pupils as to their right to freedom and privacy is concerned. It is recommended, furthermore, that a counselling programme be launched that would enable teachers, parents and pupils to gain thorough knowledge of their right to freedom and privacy, and of their responsibility to exercise these rights.
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Kongwa, Susan Lungowe. "Privatisation and its impact on human rights : a case study of the Zambian privatisation programme, 1991-2001." Thesis, 2006. http://hdl.handle.net/10413/9518.
Full textAbstract:
The study also provides an overview of the impact of privatisation on human rights. To
accomplish this objective, case studies of Zambia were undertaken within the concept of
the social and economic impacts, seeking to answer six basic research questions posed:
What were the objectives of the Zambian privatization programme? Was the privatization
process executed according to the provisions of the Zambian Privatization Act of 1992
and 1996? How is the outcome of the privatization process perceived by Zambians,
success or failure, what are some of the social and economic consequences of
privatisation programme? What are the human rights implications of the privatization
programme undertaken in Zambia?
Mainly qualitative data collecting methods, involving semi-structured interviews,
document analyses and direct observations of activities of the privatised companies were
employed, to answer these questions.
The study examines Zambia's background to privatisation, posits implications of
privatisation on the realization of human rights, looks at the case study of privatisation of
the ZCCM and the outcomes of privatisation. The study has been influenced by a number
of conflicting divestiture evaluation outcomes: for some the Zambian privatization
process represents a model programme, the 'most successful in Africa', which serves as
an example for other developing African countries to emulate whilst for others, it is a
"deeply flawed experience", resulting in negative social and economic consequences
which permitted the withdrawal of the provision of social services, massive human rights
violations and job losses. Based on evidence from these outcomes, the principal findings
from the study suggest that Zambia's privatisation programme has had both negative and
positive results. In reviewing the outcomes of the privatisation process, the intent is
neither to justify nor reject privatisation, but rather, on the basis of past experience, to
highlight key elements of outright failures and success and provide recommendations for
future use.Thesis (LL.M.)-University of KwaZulu-Natal, Westville, 2006.
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Letsepe, Thomas Molomo. "The philosophy of human rights and the question of good governance in Africa." Thesis, 2011. http://hdl.handle.net/10500/5676.
Full text
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Udombana, Nsongurua Johnson. "Shifting institutional paradigms to advance socio-economic rights in Africa." Thesis, 2007. http://hdl.handle.net/10500/1978.
Full textAbstract:
The thesis offers new paradigms for advancing socio-economic rights in Africa. Many States Parties to human rights instruments have failed to promote the common welfare of their citizens partly because of the justiciability debate, which continues to complicate intellectual and practical efforts at advancing socio-economic rights. The debate also prevents the normative development of these rights through adjudication. Furthermore, traditional human rights theory and practice have been state-centric, with non-state actors largely ignored in the identification, formulation, and implementation of human rights norms. Yet, the involvement of non-state entities in international arena has limited states' autonomies considerably, with serious implications for human rights. Transnational Corporations (TNCs) have capacities to foster economic well-being, development, tenchnological improvement, and wealth, but they also often cause deleterious human rights impacts through thei employment practices, environmental policies, relationships with suppliers and consumers, interactions with governments, and other activities.
The thesis argues that socio-economic rights are normative and justiciable. It argues that traditional approaches are no longer sufficient to secure human rights and calls for a dismantatling of some structures erected by doctrinal systems; for realignment of relationships among social institutions; and for integrated bundles of fundamental interests that harness benefits of human rights norms and widen the landscape to commit both formal and informal regimes. Fashioning out a new paradigm for advancement of socio-economic rights requires addressing state capacity. It requires an integrative and global interpretive framework. It requires, finally, a new paradigm to commit non-state actors in Africa. The illustrative chapter uses the rights to work and to social security as templates for some prescriptions towards reaslising socio-economic rights in Africa.Jurisprudence
LL.D.
38
Nyabadza, Kudzai Singatsho. "Intergenerational humiliation : exploring experiences of children and grand-children of victims of gross human rights violations." Diss., 2016. http://hdl.handle.net/10500/23478.
Full textAbstract:
Text in EnglishWhile intergenerational transmission of trauma has been widely studied, there is a paucity of literature on intergenerational humiliation. Furthermore, humiliation is regarded as a significant feature of transgenerational transmission of trauma and revenge production. Therefore, the present study aimed to contribute to addressing this paucity and to explore and understand intergenerational humiliation as experienced by 20 children and grandchildren of victims of apartheid-era gross human rights violations. Conceptually, historical trauma theory framed the study. A hermeneutic phenomenological methodology was used to achieve the aims. Through purposive-criterion sampling, data was collected and analysed using interpretive phenomenological analysis. Results show that the consequences of intergenerational humiliation are varied as feelings of hurt and loss perpetuate through the generations. Although positive influences counter these feelings within a generation, they remain alive in memories. This has implications on ethnic and racial inter-group relations as transitional societies such as South Africa seek social cohesion.
Psychology
M.A. (Psychology (Research Consultation))
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Omar, Nasreen A. "The production of ordinariness in the accounts of perpetrators of gross human rights violations." Thesis, 2000. http://hdl.handle.net/10413/3881.
Full textAbstract:
This dissertation explores the construction of ordinariness in the accounts of
perpetrators of gross human rights violations, who commit their actions in the context of a system. A review of the literature that conceived of perpetrators in this way was undertaken. This was done whilst exploring the social constructionist paradigm, which formed the theoretical backbone to the study. Discourse analysis was the methodology adopted for the two analyses that were undertaken in the thesis. The first was the analysis of the literature
review, which was undertaken in order to see how ordinariness was constructed in the literature. The second analysis was that of the transcript of the Truth and Reconciliation Commission (TRC) Amnesty hearing of the applicant Daniel Petrus Siebert, into the death of Steve Biko. The analyses indicate that there is much similiarity in the ways in which ordinariness
is constructed in the local context, and the ways in which it is constructed in the literature. Ordinariness in the context of gross human rights violations is produced through constructions of the perpetrator and the system within which the acts were committed, as passive and active respectively. The construction of the system as the epitome of the evil that is perpetrated enables the humanity or ordinariness of the perpetrator to be kept intact. Ordinariness in the South African context, is based on racist constructions of good whiteness,
and bad blackness. Further, in the local political context, the TRC provides the conditions of possibility for the production of ordinariness, and ensures that perpetrators and others who benefited during the apartheid regime, continue to do so, as issues of accountability and responsibility are not adequately addressed.Thesis (M.A.)-University of Natal, Pietermaritzburg, 2000.
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Warui, Stephen Kariuki Apollo. "Away from the precipice: the mission of the churches in Kenya in the wake of the 2007/8 post-election violence." Diss., 2014. http://hdl.handle.net/10500/15385.
Full textAbstract:
Text in EnglishThe phenomenon of the 2007/8 post-election violence in Kenya is complex and has numerous facets. This is because of the historical and socio-political dimensions connected with it, some of which the present study has attempted to discuss. The main objective of this research is to develop a missiological model of reconciliation by understanding and addressing the underlying causes of the 2007/8 post-election violence through an interpretive and missiological reading of the 2008 report of the Kenya National Commission on Human Rights. The concepts of politics, ethnicity, human rights and violence are chosen as analytical units for this study and through an integrated approach to their interconnectedness, a more adequate framework to identify and analyze the causes of violence is created. The churches in Kenya have played ambiguous roles in the social-political arena and this study surveys these roles and suggests different missional approaches through which the churches in Kenya can participate in the mission of reconciliation.
Christian Spirituality, Church History & Missiology
M.Th. (Missiology)
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Phiri, Samson Pharaoh. "Media for change?: a critical examination of the open society initiative for Southern Africa's support to the media: 1997-2007." Thesis, 2009. http://hdl.handle.net/10500/2681.
Full textAbstract:
Thesis (D. Litt. et Phil. (Communication))This study is broadly conceived within the case study format, as is exemplified by the focus on the exploration of the orientations and operational contexts of a single media-support organisation, the Open Society Initiative for Southern Africa (OSISA). Within that research approach, the thesis examines the historical and ideological designs of OSISA, the rationale for its existence, and its interlocking linkages with international and Southern African-based media civil society organisations. The study argues that OSISA was formed in response to the evolving political situations in parts of Southern Africa in the mid-1990s, which include the collapse of apartheid in South Africa, and the crumbling of many authoritarian regimes on much of the rest of the sub-continent. With all these events taking place in a relatively short space of time, the initiators of OSISA saw a window of opportunity for supporting and influencing the political and social transformation processes, as well as spreading the ideology of social ‘openness’. As such, the thesis approaches OSISA as an institution that forms a part of the movement towards democracy or Westernisation. The study therefore documents and analyses the theoretical antecedents that contributed to the evolution of open society ideals, and their transplantation to Southern Africa. Thereafter, the study explores the nexus between OSISA and local civil society groups. This exploration is done from the theoretical assumption that no financial aid is given without strings attached. The study thus concludes that although locally based civil society organisations try to negotiate their operational spaces, in the final analysis, such groups are all embedded in (and expected to play a role within) the 9 modernisation project, of which OSISA is just one of many instruments in that grand global venture. Finally, the study proposes a few areas for additional investigations which could enhance our understanding of the global forces at work in Southern Africa.
Communication Science
42
Castillo, Antonio, University of Western Sydney, College of Arts, and School of Communication Arts. "The media in the Chilean transition to democracy : context, process and evaluation (1990-2000)." 2006. http://handle.uws.edu.au:8081/1959.7/26597.
Full textAbstract:
Since the end of the military dictatorship in 1989, Chile’s prolonged and arduous transition to democracy has continued. It has been more than a decade of political and social processes, full of uncertainties, doubts and compromises. It has been a transition marred by the political and economic remnants of the military dictatorship, by a highly restrictive and authoritarian legal and constitutional system, and by a political class, and, for a long period unable to introduce truly democratic changes. The dynamic of the Chilean transition has had a deep effect on many sections of the Chilean society, especially the media, traditionally one of the key spheres of public debate. The underlying argument of this work is that the Chilean transition to democracy, a political and economic phase achieved by negotiation and compromise, was not accompanied by the establishment of a more democratic, pluralistic media system. This thesis examines, from a multidisciplinary perspective, the context, the process and the development of the media during the first decade of the transition to democracy (1990-2000). Its fundamental objective is to understand the relationship between journalism, the media and the democratic political processes in a post-dictatorship society.Doctor of Philosophy (PhD)
43
Dhaske, Govind Ganpati. "The lived experience of women affected wtih matted hair in southwestern India." Thesis, 2014. http://hdl.handle.net/1805/6230.
Full textAbstract:
Indiana University-Purdue University Indianapolis (IUPUI)Descriptions about the matting of hair given by medical practitioners show a significant commonality indicating it as a historic health problem prevalent across the globe, however with less clarity about its etiopathogenesis. In southwestern India, the emergence of matting of hair is considered a deific phenomenon; consequently, people worship the emerged matted hair and restrict its removal. Superstitious beliefs impose a ritualistic lifestyle on affected women depriving them of health and well-being, further leading to stigma, social isolation, and marginalization. For unmarried females, the matting of hair can result in dedication to the coercive devadasi custom whereby women end up marrying a god or goddess. To date, the state, academia, and disciplines such as medicine and psychology have paid far too little attention to the social, cultural, and health concerns of the women affected by matted hair. A Heideggerian interpretive phenomenological study was conducted to document the lived experience of women affected by the phenomenon of matting of hair. The subjective accounts of 13 jata-affected women selected through purposive sampling were documented to understand their health and human rights marginalization through harmful cultural practices surrounding matting of hair. Seven distinct thematic areas emerged from the study exemplified their lived experience as jata-affected women. The prevalent gender-based inequity revealed substantial vulnerability of women to health and human rights marginalization through harmful cultural practices. The ontological structure of the lived experience of matting of hair highlighted the unreflective internalization of religious-based discourse of matting of hair. The hermeneutic exploration revealed events that exemplified jata-affected women’s compromised religiosity, and control of their well-being, human development, and ontological security. The religious-based interpretation of matting of hair and associated practices marginalize the health and human rights of affected women through family members, institutions, society, and religious-based systems. The study demonstrates the need for collaborative, evidence-based interventions and for effective domestic as well as global policies to prevent the health and human rights violations of women through cultural practices. The study offered foundational evidential documentation of the phenomenon of matting of hair as a harmful cultural practice that compromises women’s right to health and well-being.
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Maluleka, John Shebabese. "Socio-educative implications of children's rights." Thesis, 2001. http://hdl.handle.net/10500/18103.
Full text
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Van, Marle Karin. "Towards an ethical interpretation of equality." Thesis, 1999. http://hdl.handle.net/10500/17733.
Full textAbstract:
Summaries in English and AfrikaansThe aim of this thesis is to search for an "ethical" interpretation of equality. Although the current South African approach of "substantive" equality is better than mere "formal" equality, I fear that even substantive equality will again deny or reduce difference. An "ethical" interpretation of equality is a way of interpretation that radically acknowledges difference and otherness. I argue for an ethical interpretation of equality as an alternative to substantive and formal equality. The intersection between public space, equality and justice is essential to such an ethical interpretation. An ethical interpretation of equality requires that present South African visions of public space must be reconstructed and transformed continuously. This means that an ethical interpretation of equality rejects finality and closure in respect of public space. The visions of public space and perspectives of equality that I support are alert to difference and otherness. My understanding of justice is that it is never fully achieved in the present. Justice functions as a future orientated ideal. The "ethical" in an ethical interpretation of equality reflects an awareness of the limits of any present system to encompass equality and justice completely. Visions of public space, perspectives on equality and landscapes of justice (the features of the ethical intersection) form the main sections of the thesis. I discuss the South African Truth and Reconciliation Commission (TRC) as a manifestation of the ethical intersection between public space, equality and justice. The TRC was an outstanding example of reconstruction and transformation of public space. It was a public space where each and every individual was treated equally while concrete contexts, specific circumstances and difference were taken into account. The TRC as event was inspired by the ideal of justice. The value of the TRC as a manifestation of the ethical intersection is the profound effect it may have on our interpretation of equality by demonstrating the limits of the substantive approach.
Die doel van hierdie proefskrif is om ondersoek in te stel na 'n "etiese" interpretasie van gelykheid. Alhoewel die huidige Suid-Afrikaanse benadering van "substantiewe" gelykheid beter is as blote formele gelykheid, vrees ek dat selfs substantiewe gelykheid weereens verskil sal ontken of gering skat. 'n "Etiese" interpretasie van gelykheid is 'n manier van interpretasie wat radikaal kennis neem van verskil en andersheid. Ek argumenteer vir 'n etiese interpretasie van gelykheid as 'n alternatief tot substantiewe en formele gelykheid. Die interseksie tuseen publieke spasie, gelykheid en geregtigheid is noodsaaklik vir so 'n etiese interpretasie. 'n Etiese interpretasie van gelykheid vereis dat huidige Suid-Afrikaanse visies van publieke spasie aanhoudend gerekonstrueer en getransformeer moet word. Dit beteken dat 'n etiese interpretasie van gelykheid finaliteit en geslotenheid met betrekking tot publieke spasie verwerp. Die visies van publieke spasie en perspektiewe op gelykheid wat ek ondersteun is gevoelig vir verskil en andersheid. Ek verstaan geregtigheid as nooit volkome bereikbaar in die teenswoordige nie. Geregtigheid tree op as 'n toekomsgerigte ideaal. Die "etiese" in 'n etiese interpretasie van gelykheid weerspieel 'n bewustheid van die onvermoe van enige teenswoordige sisteem om gelykheid en geregtigheid volledig te omvat. Visies van publieke spasie, perspektiewe op gelykheid en landskappe van geregtigheid (die eienskappe van die etiese interseksie) vorm die hoofafdelings van die proefskrif. Ek bespreek die Suid-Afrikaanse Waarheids-en Versoeningskommissie (WVK) as 'n manifestasie van die etiese interseksie tussen publieke spasie, gelykheid en geregtigheid. Die WVK was 'n uitstaande voorbeeld van die rekonstruksie en transformasie van publieke spasie. Dit was 'n publieke spasie waar elke individu gelyk behandel is terwyl konkrete kontekste, spesifieke omstandighede en verskil in ag geneem is. Die WVK as 'n gebeurtenis is ge'lnspireer deur die ideaal van geregtigheid. Die waarde van die WVK as 'n manifestasie van die etiese interseksie is die diepgaande effek wat dit op ons interpretasie van gelykheid kan he deur die beperkings van die teenswoordige substantiewe benadering uit te wys.
Constitutional, International and Indigenous Law
LL.D.
46
Rakubu, Motlalepula. "The practice of virginity testing in South Africa : a constitutional and comparative analysis." Thesis, 2019. http://hdl.handle.net/10386/2940.
Full textAbstract:
Thesis (LLM. (Development and Management Law)) -- University of Limpopo, 2019In South Africa, the concept of virginity testing has been under the spotlight because of the Children’s Act 38 of 2005 partially legalising it. Section 12 thereof, provides for the testing to be performed on both male and female children over the age of sixteen with their informed consent. It has also been revived as a Zulu custom which gained momentum in response to the HIV/AIDS pandemic. This custom is, however, in contrast to the approach highlighted in the Act, since it targets only the girl child and mostly without her informed consent. Although a girl’s virginity is said to bring honour to her family, it also comes with inherent risks, since, in African societies, the myth that sex with a virgin, or a girl-child can cure AIDS, is prevalent. This dissertation examines, from a human rights perspective, the concept of virginity testing and related procedures/ provisions, the role and function of the virginity testers, as well as expectations/experience of the participants (the girls tested). The study asserts that the practice of virginity testing is a violation of human rights, strips the girl of her dignity, represents an invasion of bodily privacy and leads to degradation and humiliation. Virginity testing, according to this study, leads to limitation of rights and unfairly discriminates against the girls tested and cannot be justified in terms of the limitation clause, as provided by section 36 of the Constitution of the Republic of South Africa, 1996. As part of the comparative study, the analysis of the position in Senegal, regarding the successful abolishment of a similar discriminatory cultural practice, provides lessons on how both the South African government and NGO’s can work towards law reform in order to address the problem of virginity testing.
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Nkongolo, Kabange Jr. "Improving the governance of mineral resources in Africa through a fundamental rights-based approach to community participation." Thesis, 2013. http://hdl.handle.net/10500/14186.
Full textAbstract:
This study makes the assumption that community participation in the governance of mineral
resources is a requirement of sustainable development and that through a fundamental
rights-based approach, it can be made effective. The concern is that an affected community
should not only be involved in the decision-making process, but its view must also influence
the outcome in respect of whether or not a mineral project should take place and how it
should address development issues at local level. It is assumed that this legal approach will
improve mineral governance by bringing more transparency and accountability. In many
African resource-rich countries, community participation has until now been practiced with
more of a soft approach, with the consequence that it has been unable to eradicate the
opacity existing in the management of revenues generated by mineral exploitation and also
deal efficiently with the recurrence of fundamental rights violations in the mineral sector.
Obviously, the success of the fundamental rights based-approach is not absolutely
guaranteed because there are preconditions that must be fulfilled. The synergy between
community participation and some relevant concepts like democracy, decentarlisation,
accountability, (good) governance and sustainable development must be well balanced for the participation process to bring positive outcomes. Also, because the fundamental rights
based-approach is conceived here within the framework of the African Charter of Human
and People’s Rights, its normative and institutional components, despite the potential to
make participation effective and successful, require that some critical challenges be
addressed in practice. The study ends with the conclusion that the fundamental rights based-approach
is appropriate to make community participation effective in the mineral-led
development process taking place at local level, provided that its implementation is kept reasonable.Constitutional, International & Indigenous Law
D.Law
48
De, Beer Marlene. "The implementation of equality and elimination of discriminatory practices by police officials at station level." Thesis, 2012. http://hdl.handle.net/10210/5791.
Full textAbstract:
M.A.Although all forms of apartheid control legislation have been repealed and the Constitution and Bill of Rights adopted, it is questionable in what way these principles of equality and non-discrimination are effectively implemented and whether changes have occurred in practice. Chapter one therefore provides an overview of the study. The discussion of legislation viz. the Constitution, the Equality Clause and Employment Equity Act urges the elimination of discrimination and the implementation of equality. The legacy of policing also provides the challenge to change. Several SAPS policies and directives such as the SAPS Policy Document on Affirmative Action and Fundamental Equality Directives in theory indicate the movement towards change and initiatives to implement equality and eliminate discrimination. It is therefore impressive to have legislation, policies and directives, but the question is in what way these are effectively being implemented and whether one can notice a change in the actual behaviour of police officials. Equality and non-discrimination, which are at the heart of effective policing, underpin good community and human relations. It is important to assess in what way the SA police culture and working climate have changed from a traditional partisan and discriminatory approach to a service provider that celebrates diversity and human rights. The research therefore investigates in what way the rhetoric of equality and non-discrimination have been implemented and its effect on individuals in a policing environment. The perceived gap between policy legislation and reality in practice was a further motivational aspect of the study, as policy alone will not ensure the implementation of equality principles. The goal and objectives of the study narrow the focus and the presentation of definitions provides further clarity. The research nature for this study was primarily explorative, and also descriptive. The goal of the study was to explore and describe police officials' experience and behaviour in the implementation of equality and the elimination of discriminatory practices in the working environment at police station level during the period 1996-7. This research was primarily of a qualitative nature and a single embedded case study design strategy was used. The unit /item of analysis or sampling element was police officials working under the jurisdiction of one specific police station in Gauteng. The demographic profile and characteristics of the police officials in the study sample was presented and analysed quantitatively (SSPS descriptive statistics according to frequency counts and cross tabulations) and achieved the first secondary objective of exploring and describing the level of representivity at the police station being studied. A non-probability sampling method - based on convenience and reliance on available subjects - was the primary sampling strategy used. Other secondary types of sampling used in this study were snowball or chain, confirming and disconfirming cases, opportunistic, and a combination or mixed strategies.
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Stoltz, Wilma. "'n Kultuursensitiewe benadering tot supervisie in maatskaplike werk." Thesis, 2004. http://hdl.handle.net/10500/1298.
Full textAbstract:
The importance of supervision and the influence of this relationship on the process of supervision, is often underrated. In order for this process to be implementede success-fully knowledge of the different functions including the administrative- educational- and supportive functions is of the utmost importance. It is also becoming increasingly impor-tant that note should be taken of the impact that cultural differences has on supervisor-relationships, the supervisional process and the effectivity of rendering of service as so-cial service organisations increasingly consists of diverse staff members rendering service to a diverse clientelle.
This descriptive study has as goal to describe the impact of cultural differences on the practice focussing on the function of supervision and the establishment of diverse organisations and problems arising in this connection. Carefull attention will be paid as to how respondents experience cultural differences in the working environment, their problems and their opinions of how to solve these problems effectively.
Conclusions and recomendations were made, which focussed on problems arising as result of cultural differences. The compilation of tentative guidelines which could be usefull in establishing supervision services with greater cultural sensitivity were given.Social Work
M.Diac (Maatskaplike Werk-Rigting)
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Von, Krosigk Beate Christine. "Facilitating forgiveness: an NLP approach to forgiving." Thesis, 2004. http://hdl.handle.net/10500/1480.
Full textAbstract:
Facilitating forgiveness: an NLP approach to forgiving is an attempt at uncovering features of the blocks that prevent people to forgive. These blocks to forgiveness can be detected in the real life situations of the six individuals who told me their stories. The inner thoughts, feelings and the subsequent behaviour that prevented them from forgiving others is clearly uncovered in their stories. The facilitation process highlights the features that created the blocks in the past thus preventing forgiveness to occur. The blocks with their accompanying features reveal what needs to be clarified or changed in order to eventually enable the hurt individuals to forgive those who have hurt them. The application of discourse analysis to the stories of hurt highlights the links between the real life stories of the individuals within their contexts with regard to unforgiveness to the research findings of the existing body of knowledge, thereby creating a complexly interwoven comprehensive understanding of the individuals' thoughts, feelings, and behaviours in conjunction with their developmental phases within their socio-cultural contexts.
Neuro-linguistic-programming (NLP) is the instrument with which forgiving is facilitated in the six individuals who expressed their conscious desire to forgive, because they were unable to do so on their own. Their emotions had the habit of keeping them in a place in which they were forced to relive the hurtful event as if it were happening in the present. Arresting the process of reliving negative emotions requires a new way of being in this world. The assumption that this can be learnt is based on the results from a previous study, in which forgiveness was uncovered by means of the grounded theory approach as a cognitive process (Von Krosigk, 2000). The results from the previous research in conjunction with the results and insights from this research study are presented in the form of a grounded theory model of forgiveness.Psychology
D. Litt. et Phil. (Psychology)