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Dissertations / Theses on the topic 'Protection of rights'
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1
Yeremenko, A. "Human rights protection institute of jury." Thesis, Sumy State University, 2014. http://essuir.sumdu.edu.ua/handle/123456789/44926.
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Development and formation of legal state, consolidation of democratic principles of governance is impossible without recognizing of human rights and freedoms in Ukraine. Today in our country an acute problem of protection of human rights exists as a result of low level of economic development, instability in the socio-political and legal areas, lack of effective approaches to legal education of the individual. Citizens do not know their rights, do not have basic skills to use their rights and make demands to the state or other institutions for the restoration or protection of their rights.
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Chanda, Ashok Kumar. "Investigating consumer rights protection in India." Thesis, University of North Bengal, 2015. http://ir.nbu.ac.in/handle/123456789/1795.
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Grigalashvili, Mariam. "Taxpayers’ rights protection during exchange of information : Whether taxpayers’ rights (right to privacy, participation rights) aresufficiently protected during exchange of information." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-409537.
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C¸oban, Ali Riza. "Protection of property rights within the European Convention on Human Rights." Thesis, University of Leeds, 2002. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.680368.
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Pils, Eva Maria. "Rights protection and justice in contemporary China." Thesis, University College London (University of London), 2005. http://discovery.ucl.ac.uk/1444669/.
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This thesis examines practices of dispute resolution and conceptions of justice internal to China, in order to understand the potential role of rights in the Chinese legal system. While rights assertion, defence and protection can only occur alongside dispute resolution practices already entrenched in China, they could also transform these Chinese practices, by encouraging a more tolerant attitude to public disagreement in dispute resolution. A tradition of authoritarian supervision and control of officials is currently weakening the ability of Chinese courts to protect rights and to conduct principled argument about justice. Chinese culture has partly accommodated this supervisionist tradition by the practices of remonstration with government, and mediation of civil and other disputes. But these latter practices also support attitudes opposing injustice and unjustified rule. It is argued that rights-assertive and empathetic attitudes are consistent and fundamentally connected. It may be right not to insist on what is due to oneself, and to seek conciliation. Yet when rights are asserted, they must be taken seriously. To take them seriously, sustained public disagreement about law and justice must be allowed. As Chinese people are now increasingly rights-assertive, courts more often oppose the supervisionist tradition, by engaging in controversial legal argument and occasionally by adjudicating on the basis of constitutional rights and principles. This could help to correct some of the injustices done to the large and growing Chinese underclass, especially as remonstration mechanisms are failing. The Chinese example supports the conclusion that legal systems in transition are not best served by a 'thin' version of rule of law, but instead need a strong constitutional legal practice. This illustrates that law should not be defined by its claim to authority but by its function to serve justice.
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Kariyawasam, Kanchana. "Moral rights protection in a copyright system /." [St. Lucia, Qld.], 2001. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe16318.pdf.
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Priori, Posada Giovanni F. "From the Right of Action to the Effective Jurisdictional Protection of the Rights." IUS ET VERITAS, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/122625.
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Throughout the history of Procedural Law, a theme which undoubtedly calls for greater importance is the right of action, however, today does not have greater presence. Accordingly, the focus has moved towards the effective jurisdictional protection due to the phenomenon of constitutionalisation which the right of action has crossed. the author, in addition to analyzing the most important landmarks in the development of right of action, also focuses on the study of what is currently happening with effective judicial protection in order to reach a truly effective process thatensures our rights.A lo largo de la historia del Derecho Procesal, un tema que sin duda reclama mayor importancia es el del Derecho de Acción, sin embargo, hoy en día no tiene mayor presencia. en tal sentido, el enfoque se ha trasladado hacia la tutela Jurisdiccional efectiva a causa del fenómeno de constitucionalización que atravesó el Derecho de Acción. el autor, además de analizar los hitos más importantes en los que se desarrolla el Derecho de Acción, se centra también en el estudio de lo que viene pasando en la actualidad con la Tutela Jurisdiccional Efectiva con la finalidad de llegar aun proceso verdaderamente eficaz que garantice nuestros derechos.
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Nwagu, Chinedu Yves. "Counter-Terrorism and human rights protection in Uganda : preventing wrongs without violating rights." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12573.
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Critically analyzes the existing legal framework for counter terrorism
in Uganda and draws from relevant regional and international instruments related to the
topic. In conducting this analysis, the author assesses the conformity of the antiterrorism
legislation in Uganda in comparison with relevant African states. Uses regional and international counter terrorism frameworks. Also examines the human
rights implications of practically enforcing these legislations. Lastly, the author compares international and regional human rights standards and best practices in combating terrorism in other
parts of the world.A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Henry Onoria, Faculty of Law, Makerere University, Kampala, Uganda.
LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
9
Xu, Xiaofei. "International protection of civil rights versus state sovereignty." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6603.
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Hwacha-Chitanda, Virginia Shingairai. "International protection of refugees, a human rights perspective." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ35064.pdf.
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Balasubramaniam, Usha. "Passengers' protection and rights in international civil aviation." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112598.
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Air transport is of critical importance to move passengers and cargo from one place to another on a global scale. Subsistence, sustenance, growth and profitability of the air transport industry are dependent on the demand for transport from passengers and cargo as the main sources of revenue of the airline industry. The forces of globalization and liberalization, coupled with the very rapid development of low-cost operators, have tempered the growth and profitability of the aviation industry whilst, at the same time, greatly increasing the consumer (passenger and air freight user) advantages in terms of expanding the gamut of their choices, better quality and lower prices. The ever-expanding markets in the Asia and Pacific region hold great promise for a rapid growth of the aviation industry in years to come.Currently, the international civil aviation community is faced with many challenges evolving from globalization, liberalization of economic regulations, privatization of airlines and airports, commercialization of government services providers, increasing environmental controls, and the emerge of new technologies. To deal effectively with these challenges and issues will require a high level of cooperation among civil aviation authorities, airlines, airports, and providers of air services and products. Airlines under the new free trade regimes have been exposed to many changes and although GATS has an important role to play in this important field, the convergence of economic, safety, security and environmental issues makes a strong case for keeping regulation in these critical issues under the ICAO aviation umbrella.
As air transport experiences structural, policy and regulatory environment changes, in the era of free trade it would be interesting to critically examine the impact of the aforementioned changes on the rights and protection of passengers. In this relation, it becomes very important to review the international, regional, and national efforts which have been made to enhance consumer protection and also have an important bearing on the rights of airline passengers. The thesis also addresses some emerging, non-traditional consumer protection issues, such as health, racial discrimination and the rights of disabled passengers.
In view of the above, the well-developed consumer protection regimes in the United States and the European Union (EU) would be examined in depth and the results of its analysis would be used to develop a suitable model airline passenger protection in the rapidly expending economies of the Asia and Pacific Region.
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West, Thomas Ernest Riversdale Barker. "Human and nonhuman rights approaches to environmental protection." Thesis, University of Nottingham, 2017. http://eprints.nottingham.ac.uk/43241/.
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This thesis is concerned with the legal theory behind environmental rights. There are a number of different approaches that deploy rights as a mechanism to bring about environmental protection within international law, all of which can be termed ‘environmental rights’. These include a human right to a healthy environment and procedural environmental rights. But there are also theories that support a more innovative or extensive use of legal rights for protecting the natural world. Notably, many of these theories concern the introduction of nonhuman rights (animal rights or rights of nature). This thesis investigates the theory behind and the practical structure of these various approaches, as well as analysing the very concept of ‘rights’. The original contribution to knowledge is threefold. I present a case for a human right to a healthy environment to be defined broadly: measured according to human and ecosystem health, and conceived as a right of both individuals and peoples; I rigorously apply both Interest Theory and Hohfeld’s analysis of rights to human rights and thus construct a clear model for the structure of the sort of rights found in human rights (termed ‘vital rights’); and I extend the philosophical theory behind human rights (and in particular the concept of dignity) towards the growing field of rights of nature. Considered holistically, the thesis presents and suggests modes of thinking that seek to soften the divide between humanity and nature. This is done through a consideration of lived experience as always already ecologically embedded. As a result, the subject of vital rights (human rights included) should be understood as ecologically embedded living beings, opening the door to both nonhuman rights and new fields for human rights.
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Davidov, Guy. "Judicial deference and the constitutional protection of human rights." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0007/MQ40986.pdf.
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Bexell, Magdalena. "Exploring responsibility : public and private in human rights protection /." Lund : Dep. of Political Science, Lund Univ, 2005. http://www.gbv.de/dms/sub-hamburg/50338710X.pdf.
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Niwa, Sumiko. "Essays on Intellectual Property Rights Protection and Economic Growth." Kyoto University, 2018. http://hdl.handle.net/2433/232210.
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Stehlík, V. "EU human rights protection under the Treaty of Lisbon." Thesis, Ukrainian Academy of Banking of the National Bank of Ukraine, 2009. http://essuir.sumdu.edu.ua/handle/123456789/60647.
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The aim of my paper is to show the recent proposed changes of human rights protection in the EU based on the Treaty of Lisbon (further referred as “TL”). The TL is the last reform of the EU primary law and its ratification process in all EU Member States has been finalised in November 2009. The paper will focus both on the outline of the present state of human rights protection in the EU from the historical perspective and changes brought by the TL.
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Foquiço, Cláudio Castigo. "Trade liberalisation and human rights protection under the SADC." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12575.
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Investigates how the SADC achieves trade
liberalisation and ensure human rights protection in SADC at the same time. Discusses how the right–based approach on trade can successfully be used as a tool for
the advancement of human rights in the SADC context.A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Fredrick Jjuuko, Faculty of Law, Makerere University, Kampala, Uganda.
LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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O'Neill, P. B. "Moral rights in Australia : the case for legislative protection." Thesis, Queensland University of Technology, 1997. https://eprints.qut.edu.au/36895/1/36895_O%27Neill_1997.pdf.
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'Moral rights' should not be thought of as a system of ethical or moral principles, rather, they are personal rights of the author of a literary, artistic, musical or like work which proponents of moral rights protection argue arise from the intimate bond between the author of such a work and the work itself. Focus in the common law countries has always been on the economic rights associated with a copyright work and how those economic rights could be best protected and exploited by the copyright owner: 'The common law, however, has always placed more emphasis on the preservation of property interests than on some intangible concept like personality rights which are difficult to calculate in economic terms. The common law has always been more utilitarian and pragmatic in nature than its European counterparts. The legal rights of individuals are protected negatively - that is, you have a compensatory remedy rather than rights per se. ' 1
Within the Australian legal system the economic rights are the exclusive rights contained in section 31 of the Copyright Act 1968 (Cth) and include the right to reproduce the work, publish the work, make a broadcast, make an adaptation of the work (among others). The focus on economic rights is reflected in the ultimate form which the Copyright Act has taken in Australia. That is, the Act affords substantial opportunities to the copyright owner to exploit the work with concomitant protection of those economic or pecuniary rights. By contrast, however, there is minimal protection offered to any moral or personal rights that the original creator of the work may claim to possess.
For many moral rights advocates, the call for legislative protection of moral rights has been premised on the basis that a balance between economic rights and moral rights does not currently exist within the copyright field. The opponents of legislative protection allege that the introduction of moral rights would unduly upset the current system, posing threatening implications for investors in the culture industries. 2 This is the environment in Australia in which the moral rights debate has developed. Initially moral rights were seen as being essentially a foreign or alien concept to the system of copyright law in Australia. The past twenty years has seen an increasing focus upon moral rights by the artistic industries, legal academics, the Copyright Law Review Committee and various government bodies.
Moral rights have been given some form of recognition and protection in over sixty countries in the world. Even the well-spring of Australian law, that being the English legal system, has enacted legislation which not only recognises moral rights but provides protection for these rights. In addition, other countries with a common law heritage such as Canada, New Zealand, India, South Africa and Nigeria have similarly enacted some form of protection for moral rights.3 Despite this, Australia since becoming a member State of the Berne Convention in 1928 has consistently refused to enact laws which specifically recognise moral rights and provide legislative protection for these rights. Despite the change in views of countries such as New Zealand4 and the United Kingdom5 , Australia has remained somewhat isolationist in its persistence in refusing to provide specific protection for moral rights. It appears, however, that the winds of change have been gaining increasing force in Australia, particularly within the last five years.
This dissertation will define and analyse the concept of 'moral rights'. The nature of moral rights, including the rights of attribution, the right of integrity, the right of divulgation (disclosure) and the right of withdrawal, will be considered. The history of the moral rights debate in Australia will be discussed including Australia's obligations as a member of the Berne Convention for the Protection of Literary and Artistic Works ("the Berne Convention") will be considered. The experience of other common law jurisdictions in recognising moral rights and the means adopted to protect moral rights and the efficacy of the means of protection selected will also be examined.
This paper will focus upon the question whether moral rights are sufficiently protected within the Australian legal system by the present framework of various common law causes of action and statutory provisions contained in the Copyright Act 1968 (Cth) and the Trade Practices Act 1974 (Cth) and the various State Fair Trading Acts.6 The case for and against greater recognition and protection of moral rights will be examined. In 1994 the AttorneyGeneral's Department published a discussion paper which recommended the introduction of specific moral rights protection in Australia via amendments to the Copyright Act 1968
(Cth).7 The recommendations of the Discussion Paper will be considered as will recent developments in the moral rights debate in Australia.
This paper concludes that there has been insufficient recognition and protection of moral rights within the Australian legal system. The combination of common law causes of action and statutory provisions in the Australian legal system, in the absence of specific legislative provisions protecting moral rights, are not sufficient to comply with Australia's treaty obligations under Article 6bis of the Berne Convention. There is an unmet need for greater recognition and protection of moral rights within the Australian legal system and this paper recommends this occur via amendments to the Copyright Act 1968 (Cth) to incorporate specific provisions protecting moral rights.
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ABUHATTAB, Asmaa. "Criminal Protection of Women’s Rights against Violence in Palestine." Doctoral thesis, Università degli Studi di Palermo, 2020. http://hdl.handle.net/10447/470538.
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Le donne palestinesi affrontano enormi sfide rispetto al godimento dei propri diritti, a causa di un sistema legale e culturale prevalente a livello regionale il quale permette la violazione dei diritti delle donne, incoraggia la violenza contro di loro, e le priva del diritto alla giustizia, specialmente in assenza di un sistema legislative nazionale omogeneo che possa proteggere i loro diritti. Ciò costituisce una rilevante contraddizione rispetto agli obblighi internazionali imposti dalla ‘Convenzione sull’elimination di tutte le forme di discriminazione control le donne (CEDAW), di cui la Palestina è firmataria.
Pertanto, questa ricerca mira a identificare le carenze, a livello penale e procedurale, rispetto alla protezione dei diritti delle donne e alla violenza che subiscono. La tesi prende in considerazione mezzi di emancipazione politica ed economica per le donne basandosi sui meccanismi internazionali di protezione delle donne dalla violenza. Infine, la presenti tesi si pone l’obiettivo di evidenziare come l’armonizzazione della legislazione palestinese con questi meccanismi sia possible e di vitale importanza. L’obiettivo finale di questa tesi è di promuovere lo status delle donne palestinesi, la giustizia, e l’uguaglianza.
Il primo capitolo prende in considerazione la protezione giuridica del ‘diritto alla vita, all’integrità fisica, e alla libertà sessuale’. Il capitolo analizza le disposizioni normative che proteggono questo diritto e mostra le carenze del sistema giuridico nel proteggere le donne contro le discriminazioni ed, in particolare, control la violenza contro le donne, come richiesto dalle convenzioni internazionali sui diritti umani.
Il secondo capitolo analizza gli ostacoli e le sfide giuridiche che limitano la capacità delle donne vittime di violenza di avere accesso alla giustizia e al sistema giuridico. Ciò viene approfondito attraverso un esame di pratiche guridiche negative come la detenzione amministrativa in ‘luoghi sicuri’, e le restrizioni giuridiche legate alla denuncia. Inoltre, questo capitolo analizza il sistema giuridico rispetto al problema della violenza contro le donne, il modo in cui affrontano casi di donne vittime di violenza, e la loro adesione alle leggi internazionali sui diritti umani.
Le misure per il rafforzamento e la protezione giuridica dei diritti delle donne vittime di violenza sono discusse nel terzo ed ultimo capitolo. Questo tema viene analizzato attraverso l’adozione di mecchanismi per l’emancipazione giuridica delle donne al fine di creare un’armonia tra le leggi nazionali e gli standard internazionali sui diritti umani e la CEDAW. Il capitol la possibilità e gli ostacoli nell adottare un’apposita legge volta a contrastare la violenza contro le donne, tanto quanto le modalità di risarcimento per le vittime. La tesi non trascura altri aspetti dell’emancipazione femminile.
In particolare, la ricerca analizza l'emancipazione politica delle donne attraverso la loro partecipazione al voto, tanto quanto alla loro partecipazione attiva in politica e al processo decisionale. Inoltre, l'emancipazione economica delle donne si ottiene garantendo loro il diritto all'eredità, al lavoro, e ai fondi comuni sulla base della parità con gli uomini, in modo tale da fornire alle donne le armi necessarie per affrontare ed eliminare la violenza.Abstract Palestinian women face enormous challenges in terms of enjoying and exercising human rights, as a result of the legal and cultural heritage prevailing in the region that permits the violation of women's rights, encourages violence against them, and deprives them of their right to access justice, especially in the absence of a homogeneous national legislative system that protects the rights of women as human rights. This constitutes a fundamental contradiction to the international obligations imposed on Palestine as a state party to the Convention on the Elimination of All Forms of Discrimination Against Women "CEDAW". Therefore, the present thesis aims to identify the deficiencies in the field of the substantive and procedural criminal protection of Palestinian women's rights in the face of violence, to inform the means of economic and political empowerment of women, to refer to international mechanisms in the face of violence against women, and to harmonize Palestinian legislation for these mechanisms. This is done in order to advance the status of Palestinian women and achieve justice and equality. Chapter One discusses the extent of the criminal protection of women's right to life, physical integrity, and sexual freedom, by analyzing and criticizing the legal provisions that protect these rights in order to show their deficiencies in discrimination against women on the basis of sex, and the deficiencies in ensuring the full protection of women against violence as required by international human rights conventions and charters. Chapter Two discusses the legal and factual obstacles and challenges that limit the abilities of women who are victims of violence to access justice. This is done by highlighting negative practices related to administrative arrest and detention in safe houses, and the legal restrictions and gaps related to the complaint. In addition, it focuses on the position of the criminal justice agencies on cases of violence against women, the way they deal with battered women and their complaints, and their adherence to the laws and respect for human rights standards. Measures to strengthen the criminal protection of women's rights in the face of violence are discussed in Chapter Three the last chapter. This is done by adopting mechanisms for the legal empowerment of women in order to achieve harmony with international human rights standards, and to achieve legislative harmonization with CEDAW, through discussing the rationale of enacting a law to combat violence against women and the obstacles to the adoption of the law to date, and ways to achieve redress for victims. Other aspects of women empowerment are not neglected. In particular, the political empowerment of women is discussed by focusing on ensuring their participation in voting, running in elections, and highlighting the importance of their participation in decision-making. In addition, the economic empowerment of women is achieved by ensuring their right to inheritance, work, and joint funds on an equal basis with men to equip women with the weapons necessary to confront and eliminate violence.
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Dube, Angelo Buhle. "Protection of the rights of persons living with disabilities under the African human rights system." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5441.
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The purpose of this work is to examine the nature or form of disability rights, and whether the African regional human rights system adequately protects them. In other words, the study tries to understand whether the current appalling status of people living with disabilities can be blamed on normative paucity of the African human rights system. The author will therefore comb the African human rights instruments to determine this, and based on the findings, will assess the propriety or
otherwise of adopting a disability specific instrument for the continent and recommend accordingly.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
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 Christine Dowuona-Hammond Faculty of Law, University of Ghana, Legon Accra.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Swart, Sarah Jean. "Unaccompanied minor refugees and the protection of their socio-economic rights under human rights law." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8093.
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The main objective of this study is to investigate the practical treatment of Unaccompanied Minor Refugees (UMR) in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children.
The study will focus on the realisation of children’s socio-economic rights in order to measure treatment. This study also seeks to address the obstacles which prevent the full and proper treatment of UMR, and to make recommendations as to how the international community can better regulate the treatment of UMR. In essence, this paper aims to investigate whether there is a discrepancy between the rights of child refugees acknowledged in international law and the situation of UMR in practice, and, if so, how this can be remedied. This paper seeks to show, through the case studies of Ghana and South Africa, that UMR are, to a certain extent, lost in the systemA 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 Mr E.Y. Benneh of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Sychenko, Elena. "The European convention on human rights as a tool of protection of individual labour rights." Doctoral thesis, Università di Catania, 2016. http://hdl.handle.net/10761/4063.
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The thesis explores how individual labour rights have been referred to in the human rights jurisprudence of the European Court of Human Rights (ECtHR). The research in this paper is based on the analysis of 334 cases, considered by the Strasburg bodies in the last 43 years (from 1963 until September 2015). In particular the paper investigates the contributions of the ECtHR to the antidiscrimination protection in employment relations, employee s privacy protection, protection from unfair dismissal and to the occupational safety matters. The author traces the historical development of the legal positions of the ECtHR in respect of protection of employee s freedom of religion, expression and association.
The thesis provides evidence of the applicability of the ECHR to the protection of both private and public employees and points out the positive obligations of the states, elaborated by the ECtHR in relevant case law.
The research of the possible implications of the living character of the European Convention on Human rights for the protection of individual labour rights demonstrates its theoretical applicability for the protection of the right to fair wage and for the protection of employees from psychosocial risks at work.
A specific consideration is paid to the analysis of the impact of the ECtHR s legal positions upon Russia and some other ex-soviet states.
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Sargeant, Malcolm. "Implementation of the Acquired Rights Directive." Thesis, Middlesex University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.337841.
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Komenda, Ryszard D. "The failure of the international system of protection of human rights: Ethnic and national minority rights." Thesis, University of Ottawa (Canada), 1996. http://hdl.handle.net/10393/10303.
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The primary objective of this work is to examine how effective international mechanisms for the protection of minorities are in resolving ethnic conflicts. Often violent, these conflicts threaten the territorial integrity and stability of states; yet in most cases, states oppose implementation of measures to protect minorities. The denial of minority rights is probably the single most important factor in the escalation of ethnic conflicts. This work surveys existing international mechanisms for minority protection and explores the reasons why an effective system for protection of minority rights has yet to be established. It will attempt to answer the following question: Why has the United Nations system failed to deliver effective protection of minorities? The thesis explores changing attitudes towards minorities in the light of theory of international human rights law. Special attention will be paid to the emerging international phenomenon of non-governmental organizations.
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Straub, Karsta. ""Public health vs. human rights? : a human rights approach to non-smoker protection in Hong Kong" /." Thesis, View the Table of Contents & Abstract, 2006. http://sunzi.lib.hku.hk/hkuto/record/B38852093.
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Fourie, Melanie. "Prosecuting sexual abuse of children : enhancement of victims rights vs protection of constitutional fair trial rights." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50431.
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Thesis (LLM)--Stellenbosch University, 2005.ENGLISH ABSTRACT: In 2002 the South African Law Commission published a report in which amendments to the existing rules of criminal procedure and evidence were proposed. A number of these recommendations have since been included in a Bill that was tabled before Parliament in 2003. The proposed amendments largely reflect values which underlie the "Victims' Rights" movement. The aim of this thesis is to consider the possible influence of these amendments on the constitutionally guaranteed fair trial rights of the accused. The study focuses on those amendments that play a role in the prosecution of alleged sexual offences against children, and shows that although the recognition of victims' rights is important, it should not be done at the expense of a fair trial. Dangers inherent to the proposed amendments are therefore highlighted. The rights of the accused are used to test the desirability or not of the proposed amendments. Foreign authority is used to support the argument made in the thesis.
AFRIKAANSE OPSOMMING: In 2002 het die Suid-Afrikaanse Regskommissie 'n verslag gepubliseer waann veranderings aan die huidige strafprosesreg- en bewysregreëls voorgestel word. 'n Aantal van hierdie voorgestelde wysigings is intussen opgeneem in 'n Wetsontwerp wat in Augustus 2003 voor die Parlement gedien het. Die voorgestelde wysigings reflekteer tot 'n groot mate waardes wat die "Victims' rights" beweging onderlê. Die doel van hierdie tesis is om die moontlike invloed van hierdie wysigings op die grondwetlik verskanste billike verhoor regte van die beskuldigde te ondersoek. Die ondersoek fokus op daardie veranderinge wat 'n rol speel in die vervolging van beweerde geslagsmisdade teen kinders. Daar word aangetoon dat alhoewel die erkenning van regte vir slagoffers belangrik is, dit nie ten koste van 'n regverdige verhoor gedoen kan word nie. Gevare verbonde aan die voorgestelde wysigings word dus uitgewys. Die regte van die beskuldigde word deurgaans gebruik om die wenslikheid al dan nie van die voorgestelde wysigings aan te toon. Buitelandse gesag word aangewend om die betoog te ondersteun.
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Torres, Zúñiga Natalia. "Review (laws) for compliance and human rights multi-level protection in Inter-American Human Rights System." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/115501.
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This article addresses diverse perspectives concerning relationship between reviewing (laws) for compliance and the process of putting international law of human rights on a constitutional footing. Therefore, a parallel is established between reviewing (laws) for compliance and constitutional review (laws) in order to outline features and application impact of this research. The design of a multi-level protection system for fundamental rights in Latin America is also discussed in this article.El presente artículo aborda aspectos relativos a la relación entre el control de convencionalidad y el proceso de constitucionalización del derecho internacional de los derechos humanos. Así, se establece un paralelo entre el control de convencionalidad y el control de constitucionalidad, a fin de determinar las características y el impacto de la aplicación del examen mencionado. El documento da cuenta de la configuración de un sistema de protección multinivel de los derechos fundamentales en Latinoamérica.
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Giungi, M. M. "STRENGTHENING FUNDAMENTAL RIGHTS PROTECTION AT EUROPEAN UNION LEVEL: THE ROLE OF THE EU FUNDAMENTAL RIGHTS AGENCY." Doctoral thesis, Università degli Studi di Milano, 2015. http://hdl.handle.net/2434/261862.
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The European Union Fundamental Rights Agency, established in 2007, is a new institution in the EU legal and political framework and a new element in the engineering of fundamental rights protection at EU level. In “Leading by Example: a human rights agenda for the year 2000” – the agenda drafted by a comité des sages comprising Antonio Cassese, Catherine Lalumière, Peter Leuprecht and Mary Robinson – the institution of a monitoring agency focused on human rights was considered a fundamental element to trigger a more proactive and central role of EU institutions in the protection of human rights. Along with the EU Charter of Fundamental Rights and after the Lisbon Treaty entered into force, the Agency has increasingly covered a role in the constitutionalization process of the European Union and has been a new actor within the EU system of governance. Given its importance, we intend to clarify the evolution of this EU body, understand its connections with the EU institutions, analyze its activities, in order to assess its effectiveness in the protection of human rights and its potential in prompting more virtuous policy-making processes.
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Leepuengtham, Tosaporn. "The protection of intellectual property rights in outer space activities." Thesis, University of Nottingham, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.685428.
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Masabo, Juliana. "The protection of the rights of migrant workers in Tanzania." Doctoral thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4665.
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Includes abstract.Includes bibliographical references.
This study examines the protection of migrant workers in Tanzania, a country which, in terms of current migration discourse, plays a threefold role, since it is a sending country, a transit country, and a receiving country. The study examines the adequacy of the laws that protect the rights of workers who leave their countries to take up employment in Tanzania. The national regulatory framework on labour migration is evaluated by using international, regional and sub-regional legal instruments that provide the standards for the protection of migrant workers. Comparative best practices from various countries are also described in order to examine and identify the gaps in the current legal and institutional framework. The study examines four key areas, namely, the admission of migrant workers and their access to the labour market, conditions of employment, freedom of association, and social security rights. These areas are examined by means of a thorough contextual, legal and policy analysis and an empirically based validation from which various observations and conclusions are made.
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Baglio, Beatrice <1995>. "South Korea and the Lack of Protection of LGBTI Rights." Master's Degree Thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/16831.
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This thesis will deal with LGBTI rights in South Korea. More specifically, it will first provide an analysis of how Confucianism, Protestantism, and media influence the perception of sexual minorities in the Country. The second chapter will instead tackle the evolution of sexual minorities' rights within the international law, also providing the reader with examples of violations of LGBTI rights, also citing relevant jurisprudence and quasi-jurisprudence. The third chapter will provide examples of how LGBTI rights are violated in South Korea, and will also tackle the topic of cross-fertilization of the courts, which may represent a good strategy for the promotion of LGBTI rights in South Korea.
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Sandin, Cimona. "The Protection of children : the right to family right and how they can conflict." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-27214.
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Abstract This paper examines the right to family life and how it can conflict with the child’s right to protection against harm. The paper examines how the international community views the family and what rights the family has in international law. In addition to this, the paper also looks at the different family structure a family can have and it also examine whether there are a universal definition of family. Furthermore, the paper also talks about the children and the rights afforded to them and how the rights has developed through time. The concept of childhood is a much-debated issue. There have been debates on when the childhood begins but also on when it ends and the views of the States differs somewhat. Childhood is a concept that is heavy with different psychological, physical, religious and cultural believes and practices. When the States was working on the Convention on the Rights of the Child they had to try to consolidate the different views on both the beginning and the end of childhood but it proved to be problematic. To say that the childhood began at conception would have made the convention incompatible with the national law that allows abortion and it could therefore risk that some States did not sign the convention. They therefore made a compromise that meant that the States could keep their own definition on the beginning of childhood. The family as well as the well-being of the child is important and this is reflects in international law. This paper therefore also examines the articles in international and regional treaties concerning the family and the protection of the child. It also examines several cases from the European Court of Human Rights to illustrate how the Court has reasoned in cases where rights of the parents has been in conflict with the children’s rights and best interest. The conclusion drawn from this paper is that no set of rights weigh more than the other. They are both very important and if it is possible, the authorities shall try to balance them with each other. They have to have both what would be best for the child and the parents right to family life in mind. Even if the authorities have to remove a child from the parents care they need to have a reunification of the family as a ultimate goal to work towards.
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Pereira, Terto Neto Ulisses. "Protecting human rights defenders in Brazil : a legal and socio-political analysis of the Brazilian Programme for the Protection of Human Rights Defenders." Thesis, University of Aberdeen, 2016. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=228614.
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I show in this thesis, first, that the creation of the Brazilian Program for the Protection of Human Rights Defenders (PPDDH) in 2004 was the result of pressure from national and transnational civil society on the Brazilian government to address the targeting of peasant leaders and other activists who, it was argued, should be understood as human rights defenders, and offered special protection as such. Second, I show on the basis of interviews conducted with protected human rights defenders, civil society and state officials, that the programme has provided protection and support to a small but significant number of activists in some areas of the country. Third, most interviewees also pointed to the PPDDH's potential to make broader contributions to the advance of human rights in Brazil, by bolstering human rights activism, empowering organised civil society, redressing the balance of power between dominant and dominated, and changing the workings of the Brazilian State. Finally, however, they indicated the serious shortcomings of the programme such as limited budget and lack of resources, PPDDH's dependence on other actors to provide the protection for human rights defenders, and lack of dedicated legislative framework. These shortcomings reflect a lack of political will to provide sufficient resources as well as a sufficiently robust legal framework for the programme. I end by arguing that organised civil society must build up the necessary political will to demand that the State resource the PPDDH fully and effectively in order for that programme to realise its potential.
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Munro, Lyle 1944. "Beasts abstract not : a sociology of animal protection." Monash University, School of Political and Social Inquiry, 2002. http://arrow.monash.edu.au/hdl/1959.1/7967.
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Batchelar, Timothy. "The protection of innovation and musical instrument industry." Thesis, De Montfort University, 2001. http://hdl.handle.net/2086/4127.
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Louw, Danielle. "Investigating South Africa's protection of refugee womxn: Refugee womxn's access to housing, inclusion into the labour market and protection from gender-based violence." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/32774.
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This paper investigates the integration experience of refugee womxn in South Africa. It focuses on the areas of access to housing, employment and protection from gender-based violence. Through a human rights approach, influenced by intersectional feminist theory, it analyses the international normative and South African domestic framework and discusses its gaps and challenges. Thereafter, an overview of the experience of refugee womxn's access to housing, employment and protection from gender-based violence internationally and in South Africa is presented. Lastly, recommendations are made to the South African state suggesting reform in law, policy and practice.
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Hong, Sung Soo. "Regulatory dilemmas in human rights protection : an analysis of a national human rights institution as a solution." Thesis, London School of Economics and Political Science (University of London), 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.519789.
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The purpose of this thesis is to address a regulatory dilemma in human rights and to put forward a solution to this dilemma by examining a National Human Rights Institution (NHRI). First, the regulatory dilemma is addressed from the viewpoint of the systems theory of Luhmann and the discourse theory of Habermas. In particular, the welfare state adopted juridification in order to pursue social justice but this state regulation leads to an unintended result, that is, a functional disorder (systems theory) and the colonization of the life world (discourse theory). However, we cannot go back to the liberal paradigm which is simply oriented towards protecting the autonomy of individuals but is therefore indifferent to the consequential social problems of inequalities and injustice. This creates a dilemma between the liberal paradigm and the social-welfare paradigm. The second aim is to examine how the regulatory dilemma can be resolved through a new paradigm of regulation which is influenced by systems theory, discourse theory and regulatory scholarship. Third, we will examine the question whether an NHRI, as an alternative institution with a different status and regulatory mechanism from other national institutions, could play a role in avoiding the regulatory dilemma in human rights. The last section is dedicated to discussing sexual harassment as an example to investigate whether an NHRI could be an alternative institution which could overcome the regulatory failure of other institutions and provide a useful solution to tackling sexual harassment. All in all, it is anticipated that this thesis will illustrate the actual application of systems theory, discourse theory and regulatory scholarship to the regulation of human rights, and that it will shed a theoretical light on the idea of an NHRI, which has not yet been actively researched from the theoretical viewpoint.
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Pevato, Paula Monica. "International law and the right to environment : encouraging environmental cooperation via the international protection of human rights." Thesis, London School of Economics and Political Science (University of London), 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286363.
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This thesis revolves around one central question, the thesis' leilmotif. 'What is a right to environment in contemporary internationalegal theory and practiceT In the course of determining a right to environment's legal status, historical and modem human rights theories are considered. The author demonstrates that most writers have fallen into various rights traps, for instance, when they refrain from considering a right to environment as something other than a human right, such as a non-right, a concept of international environmental cooperation (IEC), or simply one of many goals of international human rights and environmental law and policy (Chapter 2). The author continues the examination of the leitmotif by consulting the sources of internationall aw enumeratedin Article 38(l) of the Statuteo f the InternationalC ourt of Justice, viz., custom, convention, general principles of law, and subsidiary sources Oudicial decisions and teachings of highly qualified publicists), from the perspective of the policy science school of thought. From this legal philosophical perspective, international law is viewed as a process, a system of authoritative decision-making wherein policy choices play a role, thereby expanding the analysis from a strict positive law perspective. Thus, in addition to the 'traditional' sources, the author conducts an exhaustive analysis of 'soft law' sources, including resolutions and declarations; conventional and extra-conventional mechanisms to international human rights treaties (States parties periodic reports, concluding observations, summary records, views in communications, general comments); conference reports, background studies; and conceptso f EEC,p articularly sustainabled evelopment,a mong others,f or indications of any consensuso n a right to environment( Chapters3 and 4). t The author's research is completed by a thorough analysis of many human rights tensions, such as the inherent restrictions within human rights treaty regimes themselves (viz., derogations, limitations, reservations, the principle of legality, drittwirkung, among others), or due to other tensions in public international law, most notably sovereignty issues and competing interests manifested as anthropocentricity, property rights, international trade, development, and aboriginal issues (Chapter 5). These tensions add further hurdles to a human right to environment's fulfilment. The author deduces from an examination of specific human rights, IEC concepts, case law, States parties' periodic reports, and other sources of international law, that the characteristicsa genericr ight to environmentm ight possessa lready exist within various substantive and procedural rights, whilst other attributes are more suitably addressed via a plethora of conventional mechanisms and policies pertaining to international law for the environment. A right to environment does not exist in international law, whether described as a human right, general principle of law, or otherwise. Its recognition would merely duplicate rights and obligations and is thereforeu nnecessaryT. he author concludes that the ultimate goal of a right to environment -- the attainment of a satisfactory quality of life within a healthy, ecologically balanced environment for present and future generations, all thriving in the human and natural worlds -- are encouraged without an expressly recognized right to environment.
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Motubatse, Mosinki Justice. "Protection of the rights of an unpresented accused." Thesis, 2014. http://hdl.handle.net/10386/1194.
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Thesis (LLM. (Management and Development)) -- University of Limpopo, 2014Every accused person has the right to a fair trial which encompasses the right to adduce and challenge evidence in court. Whilst the Constitution of the Republic of South Africa confers the right to legal representation, an accused person may still opt to conduct his or her own defence. Once an unrepresented accused opts to conduct his or her own defence, the presiding officer then becomes obliged to assist the undefended accused to present his or her own case. South Africa adheres to the accusatorial / adversarial system. Under the accusatorial / adversarial system the presiding judicial officer is in the role of a detached umpire, who should not descend the arena of the duel between the state and the defence for fear of becoming partial or of losing perspective as a result of the dust caused by the affray between the state and the defence. Under the accusatorial/adversarial system, a presiding officer may find it challenging to assist an unrepresented accused or may inadequately assist him or her. This may be so because a fair trial is not determined by ensuring exercise of one of the rights to a fair trial but all the rights to a fair trial. This mini-dissertation, on the injunction of section 35 of the Constitution of the Republic of South Africa which makes provision for the rights to a fair trial, covers the different rights of an unrepresented accused. This is done alongside related provisions of the Criminal Procedure Act 51 of 1977 and pertinent case law. The fat that an unrepresented accused has waived legal representation at the expense of the state and has opted to conduct his or her own defence should not be to his or her peril. The court has a constitutional injunction to protect and advance the rights of an unrepresented accused. Justice must not only be done but must also be seen to be done.
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yeh, steve, and 葉一忠. "Technology Transfer and Intellectual Property Rights Protection." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/60483008312232821306.
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Chang，Yi-ming and 張益銘. "The Protection of Rights for University Professor." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/01445159001543386119.
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Chen, Jin-yi, and 陳瑾怡. "Intellectual Property Rights Protection for Generic Drugs." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/36904967335143254632.
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碩士逢甲大學
財經法律研究所
102
Because research and development of new drugs have to spend considerable money and time, patent law allow manufacturer of new drugs have marketing exclusivity for a period of twenty years and it can be able to sell new drugs for a good price. As a patent owner, beside twenty years of patent terms, if the requirement is fulfilled, manufacturer of new drugs also can file extension of patent term. They can also seek protection through patent linkage or data exclusivity system. In other words, patent protection attracts and encourages more manufacturers of new drugs to go to research and development new drugs. In recent years, every country had tremendously increased their healthcare expenditure, in Taiwan, aging population increase sharply makes medical budget rise up every year. High-price brand drugs had already cause every country of the world into economic crisis in times of financial stringency. Out of Humanitarian concern, and in order to mitigate their financial burden, many countries have started to amend their laws to bring generic drugs going to market earlier. Some of those efforts to impose restrictions on drug patent, are to list essential medicines, which are prohibited to obtain patent protection, section 2 of TRIPs Agreement clear states:”Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment”. The current step adopted by Taiwanese government is to attack brand drugs price by reducing NHI drugs price when the drug patent terms is due. However, only price preponderance is not enough, the three-same policy must follow: the same ingredients, the same quality and to adjust to the same price. In part of the same quality, it needs more time to prove that the quality of generic drugs are no less than the brand drugs.
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Hung, Ya-tsen, and 洪雅涔. "The Moral Rights Protection in Private Law." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/32464452834685329300.
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Hsu, Tsung-Hsien, and 徐宗賢. "Tax Re-Examination and Taxpayers' Rights Protection." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/38404974479823078664.
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碩士國立臺北大學
法律學系一般生組
101
Tax re-examination procedure is a mandatory procedure preceding the administrative appeal or litigation when one disagrees with the decision made in a tax assessment. Due to the paucity of Tax Collection Act, which has only three clauses, there are disputes between Administrative Procedure Theory and Administrative Remedy Theory in the properties of the Tax re-examination procedure between practice and theory. This influences the effectiveness of tax re-examination decision that is made afterward, and causes the dispute that whether to levy the interests which comes in the period. Besides, the judicial judgments mostly adopt Theory of Ruling and Theory of Dispute Point, and also adopt the principle of disadvantage prohibition, which have developed into an injury of the right of the taxpayers. What is more, the regulation of re-examined in Article 58 of Administration Appeal Act apparently overlap the functions and objectives of tax re-examination regime. Therefore, the requests of the abolition of tax re-examination regime have emerged. This thesis, with a view focusing on prevalent law and theory, discusses the theory and practice of taxpayer’s right protection in the aspect of right relief (the right of litigation). Also, in the viewpoint of comparative law, this thesis compares the functions and objectives of regime in German and Japanese translation documents with that of our nation. In addition, in reference of German and Japanese law, this thesis discusses the dispute of tax re-examination procedure as mentioned above, in order to find the solution and to discuss whether to abolish the regime or not. This thesis holds the view that tax re-examination regime still has its objectives and is necessary. It is improper to annul it abruptly. The controversy it causes can be avoided by legislation. Yet considering the administrative litigation regime has just altered into the three-level-two-hearing system, tax re-examination procedure should be changed into Optional Institution, in order to poise the right that taxpayers to access the court directly, the fulfillment of right that taxpayers seek right remedy, and the state that taxpayers don’t highly trust in the decisions that the administrative system made, before the professional court and judge system is not fully established in our nation. Taxpayers can voluntarily choose the ways either to petition for re- examination→administrative appeal→administrative litigation, or petition for administrative appeal→administrative litigation, as the transitional phase before the abolition of tax re-examination procedure regime.
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江宥萱. "The study of temporary worker's rights protection." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/53453058188494295697.
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TSENG, YI-KAI, and 曾翊凱. "Third Party Payment and Consumer Rights Protection." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/29882b.
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Yin, Kao Chu, and 高竹瑩. "On Protection for Minority Shareholders’ Rights: A Focus on Shareholders’ Proposal Rights." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/78734839154903034753.
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Cliath, Alison Grace. "Expanded accountability? human rights and environmental protection practices /." 2008. http://www.dissertations.wsu.edu/Dissertations/Spring2008/a_cliath_031708.pdf.
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TSENG, CHANG-HOW, and 曾建豪. "Study on Search, Seizure and Human Rights Protection." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/xj5a3c.
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碩士國立暨南國際大學
公共行政與政策學系
105
In this study, the current situation of search and seizure is discussed, and the search and seizure behavior is discussed, and the people are faced with the influence of the basic rights of the people in the face of judicial search. Search, seizure for the judicial police organs of the normal service of the sentence, the department of a mandatory administrative inspection behavior, the implementation staff a little careless, easily infringed upon the people's basic rights; coupled with the current human rights awareness of the people, the judicial police how to strike a balance between security and human rights protection is an urgent issue. the purpose of this study is to clarify the differences between search, seizure, legal and practice, and to make search and seizure more consistent with human rights and human dignity. based on the relevant applicable laws of the enforcement practice, to clarify the concept of search and seizure and the legal principles to be followed, and to observe the practical operation of the judicial police officers, and to strike a balance between human rights protection and police order maintenance and make a suggestion. the author also found that the current search, seizure of the rule of law there are still many vague rules, can easily lead to judicial police officers to perform the search, seized due to excessive subjective judgments, and against the basic rights of the people, and the people accept the search, seizure where there is damage to the basic rights, there is no direct remedy for the existing legal system.
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Leou, Yen-Hong, and 柳焰宏. "Merger and Acquisition with Employees' Rights Protection study." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/25785496073571137589.
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