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1
Brink, Ronelle Bonita. "The child accused in the criminal justice system." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1229.
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The high level of crime in South Africa raises the question about the failures of the criminal justice system on the one hand, and South Africa’s social policies on the other. Young people in South Africa can disproportionately be both victims and perpetrators of crime in the Republic of South Africa. The child accused in conflict with the law is dealt with in much the same way as their adult counterparts, as the criminal justice system was designed by adults for adults. South Africa became a signatory to the United Nations Convention on the Rights of the Child 19891(hereinafter referred to as UNCRC) on 16 June 1995. The UNCRC provides a backdrop to section 28 of the Constitution of the Republic of South Africa Act.2 Article 3(1) of the UNCRC provides as follows: “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be primary consideration.” South Africa is therefore according to article 40(3) of the UNCRC obliged to “establish laws, procedures, authorities and institutions specifically applicable to children in conflict with the law”.3 In terms of article 40(1) of the UNCRC “State Parties recognise the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.”4 1 Adopted by the General Assembly resolution 44/25 on 20 November 1989. 2 The Constitution of the Republic of South Africa Act, Act 108 of 1996. Hereinafter referred to as the “Constitution”. 3 South Law Reform Commission Discussion Paper 96. 4 United Nations Convention on the Rights of the Child adopted by the General Assembly resolution 44/25 on 20 November 1989. iv Synopsis 2003 states that “the Ratification of the UNCRC by the South African government in 1995 set the scene for broad-reaching policy and legislative change”.5 The Constitution includes a section protecting children’s rights, which includes the statement that children have the right not to be detained except as a measure of last resort and then for the shortest appropriate period of time, separate from adults and in conditions that take account of his/her age. 6 After being off Parliament’s agenda since 2003, the Child Justice Act7 has recently been reintroduced. The Act aims to ensure consistent, fair and appropriate treatment of the child accused in conflict with the law. The question arises whether the South African Criminal Justice system involving the child accused adequately recognises and protects the interests of the child accused, particularly in view of the present international legal position.
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Algheitta, Nasser Faraj. "Protecting human rights of the accused in the Libyan criminal justice system." Thesis, University of Aberdeen, 2011. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=167958.
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International human rights law has witnessed considerable developments in the last decades both in normative terms and standard setting as well as in monitoring of state observance and compliance. The ECtHR and the former Commission have taken a leading role in the development of human rights due to the extensive case law the Strasbourg institutions have produced. Human rights of the accused in the criminal proceedings had its share of such a development. The court in its assessment of various national systems in their adherence to the rights enshrined in the convention has interpreted the rights progressively and the result is a vast case law regarding the right of the accused to fair trial, to liberty and the right to private life. The central theme of this work is to examine the Libyan criminal justice system in its attempt to protect the rights of those accused of a criminal offence in the light of the developments pioneered by inter-state organs especially the ECtHR. The thesis focuses on the most pressing issues where the Libyan system does appear to be at odd with the international standards of fair trial. Therefore the scope of this work has been limited to examine the protection of the right to liberty and the right to fair hearing. In doing so, it starts with a chapter introducing the reader to the Libyan system and outlining the main features and principles governing the criminal justice system. The thesis also examines the human rights situation in general and how the political and constitutional arrangements have affected the human rights situation in the country. The protection of the right to liberty and pre-trial detention is examined in chronological order starting from the initial arrest by the police till the accused is referred to the court for trial. To evaluate the extent to which the Libyan system does protect the right to liberty, the study first, examines the procedural guarantees available in the criminal process and second to ascertain whether these domestic procedures as compared to the standards developed by the ECtHR and the Human Rights Committee are of acceptable international standards. The principle of equality of arms and the principle of adversarial proceedings as developed by the European court are an integral part of the right to fair trial and these principles are the focus of this thesis. The special position the public prosecution authority occupies, the wide power it has under the Libyan system, the heavy reliance on the pretrial evidence “the dossier evidence” and the marginal role of the defence lawyer have been diagnosed to be the major problems of the system which pose serious challenges to whether the system can uphold fairness and adhere to the requirement of adversarial proceedings. The study suggests that in the light of the examination of the Libyan system, it is apparent that it suffers from major weaknesses and shortcomings and is in need of reform. In order to ensure a better protection of the rights of accused persons, certain measures need to be introduced. However, the study also acknowledges the Libyan system has a number of strong points and these should be taken into account in any future reform. Instead of arguing for a radical change, the study suggests that any proposed reform should build upon the system’s traditions and experience. Reform should on one hand, lay the ground for a more participatory role for the defence lawyer from the early stages of the proceedings, backed by more judicial supervision of the conduct of police and prosecution in the pre-trial stage. On the other hand, the study argues the system’s belief in the positive role of the trial judge is a valuable guarantee of justice which should be retained. The study’s focus on the implications of the Strasbourg case law for the Libya system has not deterred it from seeking lessons and insights from the development of international justice and Islamic law jurisprudence.
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Hashim, A. "The rights of the suspect and the accused under Islamic law and Malaysian law." Thesis, University of Birmingham, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.494025.
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Botman, Andre. "An evaluation of the benefit of plea and sentence agreements to an unrepresented accused." University of the Western Cape, 2016. http://hdl.handle.net/11394/5513.
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Magister Legum - LLMSection 105A of the Criminal Procedure Act is unconstitutional with regard to its failure to extend benefits to an unrepresented accused. Unlike a represented accused, an unrepresented accused cannot benefit from section 105A. The only recourse available to him or her is to enter a plea of guilty under section 112 of the Criminal Procedure Act. This plea of guilty does not offer him the benefits under section 105A. This causes the section to operate unfairly against the unrepresented accused based on his/her failure to secure legal representation. This continued operation of section 105A infringes on the rights of an accused by not affording this protection to the accused. This is in terms of a right to equality before the law, freedom from discrimination and what constitutes a justifiable limitation under section 36 of the Constitution. South Africa has ratified or acceded to international and regional treaties which require, inter alia that the right to equality before the law is respected. This requires a model framework to be put in place to ensure that unrepresented accused can benefit from section 105A. An evaluation of the viability of adding the unrepresented accused to the protection under section 105A is done. This is informed by experiences from other jurisdictions, which aid the need for reform.
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Emery, Robert Edward. "Clerical sexual misconduct with minors the responsibilities of the diocesan bishop and the canonical rights of the accused /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
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Al-Eshaikh, Hesham A. A. "Human rights and the trial of the accused : a legal comparative study between the judicial system in Saudi Arabia and the standards required by the European Convention on Human Rights." Thesis, University of Newcastle Upon Tyne, 2005. http://hdl.handle.net/10443/754.
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Irrespective of its Western origin, the idea of human rights is widely acknowledged. Following the establishment of the United Nations, the movement of human rights has been dramatically extended from its local boundaries to a more global domain by means of international treaties, declarations, conferences etc by which a universal standard of human rights has been established. However, a sharp contrast has occurred between advocates of relativism of human rights and supporters of the universalism of human rights as a result of attempts to impose a single interpretation to human rights instruments that is the western liberal tradition. After the collapse of the communist regimes, the conflict about the universalism of human rights takes place between developed and less developed Countries, or between Islam, and the West. Therefore, this thesis explores the extent to which human rights jurisprudence can accommodate different cultures. The thesis concerns particular aspects of the subject of human rights. It compares rights provided for the accused person during trial in the judicial system in Saudi Arabia with those embodied in the European Convention on Human Rights. It examines in particular; the presumption of innocence, the principle of legality, legal assistance, an interpreter, adequatg time and facilities, a speedy trial, prompt information of the accusation, trial in the presence of the accused, the accused's right to defend himself in person, equality of arms, the calling and cross-examination of witnesses, the right not to be compelled to confess guilt, an independent and an impartial trial, an open court, a reasoned judgment, an appeal against conviction or punishment, double jeopardy, and compensation for miscarriage of justice. The thesis shows that (a) generally speaking, the judicial system in Saudi Arabia provides the accused during the trial stage with similar rights to those called upon by the European Convention although it sometimes uses different terminology. (b) Suggestions to readdress deficiencies in the Saudi judicial system can be adopted without violating Islamic law. (c) The Saudi judicial system in certain areas provides the same rights with a higher standard of application. (d) Due to the fact that it is based on the religion of Islam, the Saudi judicial system provides the accused with rights totally unknown to the European Convention.
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Almansoori, Humoud. "The rights and guarantees of the accused at the pre-trial stage : a comparative study between the English law and the UAE law." Thesis, Glasgow Caledonian University, 2016. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.726808.
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Williams, David. "A cleric's right to self-defense when accused of a delict from the accusation to the beginning of a formal process /." Theological Research Exchange Network (TREN) Theological Research Exchange Network (TREN) Access this title online, 2006. http://www.tren.com.
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Bora, MEAS. "The Promotion and the Protection of the Right of Accused : Lesson Learnt from the Case of Duch." 名古屋大学大学院法学研究科, 2012. http://hdl.handle.net/2237/16935.
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Sivasubramaniam, Bahma. "The right of an accused to a fair trial : the independence of the impartiality of the international criminal courts." Thesis, Durham University, 2013. http://etheses.dur.ac.uk/6982/.
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It is a sacrosanct principle of the due process of law that the right of the accused to a fair trial should be observed. A condition precedent to that requirement is that he should be tried by an independent and impartial tribunal. Whilst the concepts of judicial independence and impartiality have been explored extensively in national jurisdictions, they have not been examined vis-à-vis the international arena. The increase in the number of international criminal tribunals corresponded with an increase in the size of the international judiciary. It is therefore vital that there remains in place, a body of uniformly applicable standards of international judicial independence and impartiality which would provide guidelines to international practice. The research undertaken raises interesting questions, such as the sources of these principles, the mechanism of their application in the national and international arenas, in particular to international criminal courts. It explores the relationships between the national and international standards and concludes that standards of independence and impartiality are applicable as of right to international criminal proceedings and validation through international human rights instruments, statutes and jurisprudence of the international criminal tribunals is not necessary. A comparative study has been made with national and international standards of fair trial, independence and impartiality. It is the premise of this thesis that the latter two concepts are necessary for the guarantee of the fair trial right. Jurisprudence of regional, national and international courts was explored to support this aim with particular attention focussed on the international criminal tribunal and the permanent international court. Finally, a conclusion is formed on the independence and impartiality of the international judiciary and the efficacy of the international criminal judicial system in ensuring that the right of the accused to receive a fair trial.
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Timoney, Caroline. "Reflections on the evolving jurisprudence concerning the presence of the accused : focusing on National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre and Another." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15197.
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On 30 October 2014 South Africa's Constitutional Court unanimously stated that the South African Police Service was obligated to investigate allegations of torture in Zimbabwe. This landmark decision, based on South Africa's international obligations and domestic legislation, is rooted in the Court's interpretation of universal jurisdiction and in particular its application of the presumption of the "anticipated presence" of the accused. The case, first heard in the North Gauteng High Court in 2012 before being taken on appeal to the Supreme Court of Appeal and Constitutional Court, concerned allegations of torture against ZANU-PF officials and Zimbabwean police during the run-up to elections in 2007. This final judgment imposes a binding obligation on the South African Police Service to investigate the allegations, prior to any decision on further prosecution. This dissertation begins by providing a background to South Africa's implementation of the Rome Statute domestically before focusing on the theoretical framework of universal jurisdiction. This is followed by an examination of the South African jurisprudence, in particular the judgment of the Constitutional Court in National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre and Another. The Constitutional Court's decision to allow for the exercise of universal jurisdiction in absentia (otherwise known as "anticipated presence") must be located within the broader concept of jurisdiction. Anticipated presence is a controversial issue and this paper will explain both the Court's reasoning as well as possible implications of this judgment. The fight against impunity for perpetrators of international crimes, emphasised by both the Rome Statute and South Africa's own legislation, has been strengthened by this judgment. This paper will also examine the remaining areas of concern which were not addressed by the Constitutional Court. This Constitutional Court judgment will define the approach of South African courts in forthcoming cases concerning the application of the Rome Statute. Despite the Constitutional Court's failure to take all factors into account in its judgment, this landmark decision has changed the legal landscape considerably and will be a powerful tool to counter the culture of impunity.
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Silva, Denis Cortiz da. "Os limites jurídicos da liberdade de imprensa na cobertura do noticiário criminal." Universidade Presbiteriana Mackenzie, 2015. http://tede.mackenzie.br/jspui/handle/tede/1146.
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Previous issue date: 2015-02-10This study aims to analyse if whether there are and what are the legal limits of freedom of the press, one of the pillars of democracy, especially in relation to media coverage of criminal news. It will analyze which factors can mitigate this freedom of speech, especially their union with the government, a practice that could endanger the democratic regime itself and the influence that economic power has on the media, which are today very dependent on advertising revenues, whether private, whether public. Also the rights of the defendant, during and after the criminal prosecution, will be studied and how these can be restrictors of the press activities, which must be applied the balancing interests techinical to solve this conflict, according to the circumstances of the case. Finally it will be analyzed some trials which recognize the limitation of media freedom against the fundamental rights of the defendant.
Este estudo visa analisar se existem e quais seriam os limites jurídicos da liberdade de imprensa, um dos pilares do regime democrático, principalmente em relação à cobertura jornalística do noticiário criminal. Serão analisados quais fatores podem mitigar essa liberdade de imprensa, principalmente sua união com o poder público, prática que pode colocar em risco o próprio regime democrático e a influência que o Poder Econômico exerce sobre os meios de comunicação, que atualmente são extremamente dependentes das verbas publicitárias, sejam elas privadas, sejam elas estatais. Também serão estudados os direitos do acusado durante e depois da persecução penal e como estes podem ser limitadores da atuação da imprensa, devendo, de acordo com as circunstâncias do caso concreto, aplicar-se a técnica da ponderação de interesses para solucionar este conflito. Por fim serão analisados alguns julgados em que foi reconhecida a limitação da liberdade de imprensa face os direitos fundamentais dos noticiados.
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Olley, Maureen Carolyn. "The utility of the Test of Charter Comprehension for ensuring the protection of accuseds' rights at the time of arrest." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0016/NQ37739.pdf.
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Pineau, Carine. "Le procès équitable devant la Cour pénale internationale." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1011.
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Si le respect du droit à un procès équitable devrait occuper une place éminente au sein de toute société démocratique, cette exigence revêt un caractère axiomatique au sein d'une juridiction tournée vers la lutte contre l'impunité et la protection des droits de l'homme, telle que la Cour pénale internationale. Le peu de jugements rendus depuis plus de dix ans par la Cour permanente pourrait laisser penser qu'une telle étude est encore prématurée. Cette analyse met au contraire en exergue la densité de son activité et la singularité de ses procédures. Sacralisé par la Cour européenne des droits de l'homme, le droit à un procès équitable se décline en règles qui régissent non seulement les relations entre les parties mais aussi les rapports des individus avec la juridiction. Si la notion de droit à un procès équitable est familière des juristes, son interprétation pose un certain nombre de difficultés nouvelles. L'hybridité structurelle et normative de la Cour pénale internationale influencera nécessairement la réception que celle-ci réservera au principe, mais également l'interprétation unique qu'il conviendra de donner à ce droit fondamental. Prenant acte du caractère novateur de cette juridiction, cette thèse n'omettra pas d'envisager le droit à un procès équitable sous le prisme singulier de la victime, nouveau visage du procès. Souvent exclue du débat judiciaire relatif à l'équité des procédures, cette analyse s'attèle à replacer cet acteur au coeur des préoccupations régissant la conduite équitable du procèsWhile the right to a fair trial should be at the heart of any democratic society, this requirement has an axiomatic significance in a court dedicated to the fight against impunity and the protection of human rights, such as the International Criminal Court. In view of the few judgments rendered in over ten years of this permanent Court's existence, this study might seem somewhat premature.Rather, this analysis purports to shed light on the diverse nature of the Court's activities and the unique character of its procedures. Enshrined by the European Court of Human Rights, the right to a fair trial is expressed in the form of regulations that govern not only the relationships between the parties, but also the interaction of individuals with the Court. The concept of the right to a fair trial may be familiar to legal experts trained in different legal traditions. Still its interpretation is fraught with challenges that are new and specific to this permanent Court. The structural and normative hybridity of the ICC will inevitably influence not only the treatment of this concept, but also the unique interpretation that this fundamental right deserves. Against the backdrop of the innovative nature of this Court, it would be remiss of the author of this thesis not to consider the right to a fair trial through the unique prism of the victim, the new face in the trial. Often excluded from the judicial debate on the fairness of the proceedings, this analysis will nevertheless endeavour to place this stakeholder back in the heart of the concerns over the conduct of a fair trial
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Matthews, Mamello. "The protection of an accused's right to freedom from torture." University of the Western Cape, 2014. http://hdl.handle.net/11394/4414.
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Magister Legum - LLMThe question to be addressed in this study is whether the government of South Africa is doing enough to protect the rights of the accused from torture. This study will seek to analyse South Africa’s constitution and its requirements to protect individual human rights, as well as South Africa’s current legislative framework including the Prevention and Combating of Torture of Persons Act.
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Hogg, Nicole. ""I never poured blood" : women accused of genocide in Rwanda." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32806.
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In this thesis the author explores the role of women as participants in the Rwandan genocide. The thesis is informed by the insights of Western feminist criminologists, as well as a consideration of women's status in pre-genocide Rwanda. The author then draws from empirical research conducted both with female genocide suspects in the Rwandan prisons and with persons working in the Rwandan criminal justice system to reveal that popular understandings of 'participation' in the genocide do not always equate with formal legal meanings. She also considers questions of power and women's motivations for participating in the genocide. She argues that despite the adoption of a formal 'equal treatment' approach to genocide suspects, gender comes into play at almost every step of the Rwandan and international criminal justice processes, with the effect that some women appear to be receiving impunity for their actions, while others are being unfairly disadvantaged.
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Lee, Eric Austin. "'Standing accused' : analogy and dialogue as the personhood of substance." Thesis, University of Nottingham, 2013. http://eprints.nottingham.ac.uk/27716/.
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This thesis engages the issue of personhood, arguing that persons are both analogical and dialogical beings. I look at personhood first, from the standpoint of the slandered and 'accused' person. Beginning with the scene of Christ before Pilate, I show that the logic of accusation is unassailably couched within the grammar of testimony or of bearing witness (Chapter 1). Next, I treat the Dreyfus Affair and the contrast of mystique and politique in the writings of Charles Peguy (Chapter 2). Here I tum to the 'accusation in the accusative' logic of Emmanuel Levinas, demonstrating that within an approach of radical alterity to the exclusion of other grammatico-ontological cases, the person becomes lost without some sort of original, analogical case of 'giving' (Chapter 3). In response to extreme accounts slander and of the heterogeneity of the person, this thesis, secondly, proposes that the person should be understood first analogically, and secondly, as an analogical extension, dialogically. To this end I examine the debate concerning analogy in Thomas Aquinas and the tradition that followed him. I explore both the metaphysical path of resolutio, perfection, and theological recapitulation (Chapter 4), and then look to the debate on analogy itself arguing that it is best understood as pointing toward an analogia entis that is coextensively an analogia personae (Chapter 5). Finally, I conclude with an articulation of the person as dialogical. I look first to the form of dialogue in Plato, then I conclude with three sections enacting a 'call and response' of the divine persons speaking 'to the creature through the creature', where I end with an account of persons living a dialogically ensouled life within the communio personarum (Chapter 6). I finish with a brief conclusion recapitulating the argument with a Christie entreaty toward the neighbor.
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Teague, Benjamin C. "Falsely accused and the process of rebuilding one's life and ministry." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p054-0251.
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Farrar, Salim. "The role of the accused in English and Islamic criminal justice." Thesis, University of Warwick, 1999. http://wrap.warwick.ac.uk/36414/.
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This thesis is a comparative study of the role of the accused in the systems of English and Islamic criminal justice. It seeks to explore the underlying relationship between the individual and the state through an historical, structural and contextual analysis of their rules relating to questioning and of confessions. The analysis of the English system covers the period 1800 to 1984, with particular reference to developments during the nineteenth century when the foundations for the modern English state were established. The analysis of the Islamic system combines traditionally Islamic and modern methods, assessing the "Islamisation" movement in Malaysia through a religico-structural understanding of juristic opinion from the four main schools of Sunnite jurisprudence. The thesis contributes to existing knowledge on a number of levels: first, it questions and revises the "myth" of "progress" that has dominated observations of the history of the English criminal justice system; second, it elucidates the relationship between Islamic law in theory and the law that is applied and proposed in its name in Muslim states; third, it provides an analytical framework for drawing comparisons between the underlying values of the systems of English and Islamic criminal justice. While acknowledging fundamental differences in terms of outlook and articulation, the author concludes there are important similarities expressed through such notions as "suspect" in the English system and "kafir"I"fasiq" in the Islamic. These act as intermediate constitutional categories to whom the state owe less protection. But the author notes also that these similarities are not observed necessarily in the "law" which is implemented or proposed in Muslim states; exact correspondence depends upon the over-arching political structure and the institution of Caliphate. The thesis is divided into six chapters: chapter one sets out the conventional view of the historical development of English criminal procedure and evidence; chapter two subjects that to a critique and chapter three offers a revised thesis. Chapter four, explores methods for interpreting and explaining Islam; chapter five sets out rules relating to confessions and questioning according to the four Sunni schools; chapter six puts them into "context" through an examination of the "Islamisation" process in Malaysia.
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Barlow, Charlotte. "Coerced into crime? : legal and media representations of co-accused women." Thesis, University of Liverpool, 2015. http://livrepository.liverpool.ac.uk/2010281/.
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This thesis employs a case study approach to explore the ways in which women who are co-accused with a male partner (or accomplices) of committing a range of crimes are framed by British newspapers and compares such reportage with the record made in the legal proceedings of the same cases. Pseudonyms have been provided for the case studies analysed, due to the terms and conditions of the Privileged Access Agreement granted by Her Majesty’s Court and Tribunal Services, which enabled viewing access to the case file material. The case studies analysed are Jane Turner, Sarah Johnson, Alice Jones and Janet Young. The unique aspect of the case studies is that each of the women, either directly or indirectly, argued that they had been coerced into crime by their male partner/accomplice. Using a feminist methodological approach, this thesis explores the news media framing of the co-accused women and the case file material is utilised as a comparative tool. The British newspapers selected for analysis are Daily Mail, Daily Telegraph, The Guardian, The Independent, Daily Star, The Express, The Mirror, The People, The Sun, The Times (including Sunday published versions). This thesis argues that the co-accused women are framed within a range of stock, gendered motifs and narratives which consequently silences, mutes and distorts their perspectives. Furthermore, the concept of ‘coercion into crime’ is also developed to better understand coercion as a pathway into criminality.
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Radosavljevic, Dragana. "International criminal court, surrender of accused persons and transfer of criminal proceedings." Thesis, University of Westminster, 2006. https://westminsterresearch.westminster.ac.uk/item/92714/international-criminal-court-surrender-of-accused-persons-and-transfer-of-criminal-proceedings.
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The present research focuses on analysing the judicial uncertainty in the implementation, interpretation and application of the ICC Statute both in international and national arenas. In this context examined are the parameters of state sovereignty as the main source of theoretical as well as practical contemporary debate on the relationship between lex specialis character of ICC norms and domestic legal regimes. Varying and frequently inconsistent degrees of international and national compliance with international criminal law due to the multiplicity of legal regimes are scrutinised by analysing the relationship between national and ICC measures with regard to aspects of pretrial proceedings, such as surrender of accused persons and transfer of criminal proceedings, rights of suspects and defendants as well as some aspects of sentencing in so far as they affect the prima facie jurisdiction. One of the main objectives of the ICC Treaty is to advance the unification of international criminal law. Whilst it may be contended that this body of law is acquiring a great degree of specificity and uniformity in content through the Statute, both its development and importantly its scope are fundamentally reliant on interpretation and application at national level; it is here that international criminal law is fragmented. Consequently, its understanding and enforcement are inconsistent. The ICC Statute presents issues that are the result of the fusion of common and civil law traditions as well as a blend of diverse criminal laws within each one of those systems. Distinguishing between Anglo-American and Continental European criminal procedures has become increasingly complex and transgressed. Such blend of legal traditions, whilst it must ensure that justice is rendered with equality, fairness and effectiveness, generates nevertheless everincreasing lack of legal orientation. The aim of this pastiche is therefore to establish an international, uniform standard across contemporary justice systems. However, the application of the ICC provisions will depend on particular method of implementation of the Rome Treaty into domestic law, local political situation, the nature of a conflict (armed conflict is where most of the ICC crimes are likely to occur), any peace process involving regional amnesties and pardons and domestic policies and rules on sentencing. The general perception of the ICC and the law it represents is that of a powerful, centralised regime. Contrary to this belief, a proposition is made here for a less hierarchical international criminal justice that is fundamentally reliant upon national courts and law enforcement agencies. Such a proposition emphasises the need for the ICC involvement at a local level. In this context, the thesis sets out to clarify the ICC law and related Statute enforcement issues.
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James, S. Elizabeth. "Rights, group rights and conflicts of rights." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq28589.pdf.
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Nash, Susan. "Tipping the scales : the reduction of procedural protection for the accused in inter-jurisdictional cases." Thesis, University of Aberdeen, 2000. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=230623.
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Within mature criminal justice systems there exists a range of procedural mechanisms designed to provide the accused with protection from unlawful and unfair treatment by prosecuting authorities. Whilst some systems insist on judicial involvement in the investigation of crime, others grant the court discretionary powers to reject evidence or stay proceedings. Complex evidentiary rules flourish in common law systems, whereas civil law systems abide by the principle of the free evaluation of evidence. Judicial responses to the reception of irregularly obtained evidence vary, even within systems sharing a common tradition. Given the strong utilitarian tradition of the English and Scottish courts, judges tend to reason pragmatically rather than articulate principles. Theory and principle relevant to the exclusionary discretion are considered in Chapter 2. The extent of the general powers given to the prosecuting authorities in England and Scotland to gather real evidence, and the range of safeguards designed to protect the rights of suspects are examined in detail in Chapter 3. The fourth Chapter considers the admissibility of irregularly obtained evidence in both jurisdictions and questions whether, and to what extent, the procedural rules permit the court to balance effectively countervailing public interest considerations. The rules operating in France and Germany are examined in outline and used as comparative examples. Police investigative powers do not generally extend beyond the jurisdiction of the national court, thus prosecuting authorities requiring access to evidence located abroad seek assistance through operational police co-operation and mutual legal assistance procedures. These mechanisms are examined in Chapter 5, and consideration given to the differing approaches taken by the English and Scottish courts to the admissibility of regularly and irregularly obtained foreign evidence. The assumption is challenged that evidence obtained abroad can be assessed in the same manner as evidence obtained in breach of national rules without disturbing the fairness of the proceedings. Incorporation of the European Convention on Human Rights has potential for changing the court's response to questions of admissibility and is considered in Chapter 6. This thesis concludes with a critical analysis of the problems identified, and questions whether criminal justice systems can achieve a fair balance without understanding the complex interplay between procedural rules. Only by understanding the function of the procedural rule within each system can the risk of reducing the procedural protection to the accused be avoided. I have endeavoured to state the law as it stood at the end of July 2000.
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McDonald, Leighton Errol. "Collective rights as constitutional rights." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq22833.pdf.
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Jackson, Brad. "Through the eyes of the accused applying William L. Benoit's Image Restoration Theory to Saint Patrick's Confession /." Lynchburg, Va. : Liberty University, 2008. http://digitalcommons.liberty.edu.
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Griffiths, David Barclay. "Confessions, admissions and declarations by persons accused of crime under Scots law : a historic and comparative study." Thesis, University of Glasgow, 1992. http://theses.gla.ac.uk/2834/.
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This work examines in depth the issue of the accused's own words as evidence against him in a Scottish criminal court. The work begins with a brief consideration of the historic development of the modern Scottish criminal justice system with particular emphasis on the position of the accused within that system. The literature of the topic is next considered. The right to silence is discussed in some detail, encompassing the modern law in both Scotland and England as well as the various, mainly English, proposals to attenuate the right under the guise of law reform. The early history of confessions in Scotland is examined before turning to the issue of the admissibility of confession evidence. The bulk of this discussion focusses, not surprisingly, on confessions to the police with the development of the law being traced on a case-by-case basis, but all other types of confession evidence are also treated. A comparative note on the English law is included. The issue of corroboration of confession evidence has recently received a considerable amount of attention in the press both legal and lay, and the present work examines both the general issues involved as well as the particular dangers caused by the development of the so-called `special knowledge' confession. Once again comparison is made with English law. The exceptional situation in Northern Ireland is considered in order to demonstrate, albeit in an extreme form, the dangers of unsupervised interrogation and other activities by the forces of `law and order' and the inquisitorial system is likewise considered to see what lessons, if any, can be learned and to identify the dangers and pitfalls of the main alternative procedural system.
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Metcalfe, Eric William. "Are cultural rights human rights? : a cosmopolitan conception of cultural rights." Thesis, University of Oxford, 2000. http://ora.ox.ac.uk/objects/uuid:c2002d1f-98de-4131-a758-58a8bb84d85d.
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The liberal conception of the state is marked by an insistence upon the equal civil and political rights of each inhabitant. Recently, though, a number of writers have argued that this emphasis on uniform rights ignores the fact that the populations of most states are culturally diverse, and that their inhabitants have significant interests qua members of particular cultures. They argue that liberals should recognize special, group-based cultural rights as a necessary part of a theory of justice in multicultural societies. In this thesis I examine the idea of special cultural rights. In the first part (Chapters 1 to 4), I begin by setting out some of the different conceptions of culture and multiculturalism that are involved in the debate over cultural rights. I then discuss three claims made by supporters of special cultural rights: (1) that having culture is an essential part of individual autonomy; (2) that people have morally significant interests qua members of particular cultures; and (3) that these interests are inadequately protected by existing liberal conceptions of human rights. Although I conclude that (1) is correct, I argue that both (2) and (3) are mistaken. Among other things, I suggest that the version of culture relied upon by supporters of special cultural rights is an implausible one and I outline what I take to be a more plausible, cosmopolitan conception of culture. In the second part (Chapters 5 to 9), I begin by looking at specific instances of cultural rights-claims, and analyzing the concept of cultural rights qua rights. I consider the practical and conceptual difficulties with special cultural rights at great length. But the core of my thesis is that our interest in culture lies in its contribution of worthwhile goals and options, and that this interest lies in culture generally rather than in particular cultures. Hence, adopting a special or group-based distribution of any right to culture would seem to be inconsistent with liberal egalitarian principles. If there are such things as cultural rights, I argue, they are general rather than special rights. I conclude by offering a very preliminary account of what a cosmopolitan conception of cultural rights might involve in the case of the right to free association and language rights.
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Dan, Jau-Wei. "Rights, children's rights and compulsory education." Thesis, University of Glasgow, 1991. http://theses.gla.ac.uk/3862/.
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The ideas of children's rights, children's right to education and compulsory education are widely accepted nowadays, if only in general terms. This thesis is concerned to explore and offer possible reasons for the acceptance of these ideas, and, particularly, to clarify the relation between the ideas of `lq children's right to education and `lq compulsory education. First, however, it is necessary to consider the general features of rights-talk, on the grounds that the denotations and connotations of rights-talk have some significant bearings on the central issues of the thesis. Thereafter, the emphasis is shifted to the question of children's rights. Certain writers' theories - namely, Hobbes', Mill's and Hart's - were once assumed to be contradictory to the idea of children's rights, but it is argued that these writers' theories have been misunderstood. Apart from clarifying these writers' theories in relation to children's rights, the thrust of this thesis is to offer a convincing justification for the idea of children's rights in general, and children's rights is rationally acceptable and practically necessary in maintaining satisfactory relationships between children and other parties for people who are rational, self-interested, just and benevolent. It is also argued that children's right to education is justifiable on the grounds that it is an essential good for both children and society as a whole. The issue of children's right to education is tackled within the framework of liberal democracy; hence the form of education proposed is also geared to the cultivation of persons who can play a part in a liberal democracy. The issue of compulsory education is discussed. It is argued that compulsory education can be justified and that its justification is mainly based on paternalism and children's obligation to undertake education. In the concluding chapter, it is argued that children's right to education can indeed be used to justify compulsory education, but this line of reasoning should be based on paternalism, which in turn should be rights-based. The thesis finally reaches the conclusion that the option-rights tradition and the claim that rights-talk is not self-referring should be rejected.
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Miller, Hannah. "From 'rights-based' to 'rights-framed' approaches : 'rights talk', 'campaigns' and development NGOs." Thesis, University of Roehampton, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.676903.
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Emerging in the mid 1990s, the dominant way in which a human rights discourse and practice has been formally incorporated within many development NGOs has been through what is commonly referred to as “rights-based approaches” (RBAs). This thesis speaks of RBAs as a ‘broad umbrella concept’, thereby acknowledging their expansiveness and what in many ways appears to be a one-approach-fits-all message. However, despite considerable research into RBAs, little attention has been directed towards the boundaries of this concept. In order to approach this, this research develops three analytical themes: ‘rights talk’; theories of voice; and concepts of framing. By invoking a broad sociological approach to the study of human rights, premised on a social constructionist view of human rights practice, this research was built on two stages. The first stage involved documentary analysis of key publications and in-depth interviews with campaigners from within eight development NGOs. The NGOs were sub-categorised as: ‘relief’, ‘faith-based’ and ‘political’. The second stage involved an ethnographic study of one of the ‘political’ NGOs. This study was used to develop an initial case study for an alternative to RBAs to be established. Grounded in the voices expressed across both stages of the research, this thesis provides a conceptual distinction between approaches ‘inside’, ‘alongside’ and ‘outside’ RBAs. It develops this by identifying three key ‘perspectives’ on rights talk. The thesis then builds on this analysis by proposing a new approach, identified as ‘rights-framed approaches’. Rights-framed approaches are proposed on six core dimensions. They contribute a new framework, revealing key ways in which campaigns can be framed through a human rights discourse and practice, whilst remaining ‘outside’ of RBAs. Through this proposal, the 1 thesis aims to move discussions within the existing literatures away from the dominance of the concept of RBAs, towards alternative approaches.
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Tucker, Mark E. "Justice for the accused the obligations of major superiors in clerical religious institutes and the sexual abuse of minors /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
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Saranchuk, Andrew. "Aboriginal and treaty rights : collective or individual rights? /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq25728.pdf.
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Meisels, Tamar. "Territorial rights." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365575.
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McKinnell, Elizabeth Mary. "Environmental rights." Thesis, Durham University, 2010. http://etheses.dur.ac.uk/261/.
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In this thesis I address the claim that theories of moral rights are incompatible with environmental concerns. This claim is often made on the grounds that rights are too individualistic and human-centred. I attempt to answer this, not on the grounds that it misrepresents all theories of rights or that these concerns are not important, but rather by demonstrating that concepts of environmental rights can be developed that will do this work. I argue that rights are dynamic concepts which have altered over their history to accommodate new challenges and problems (a fact frequently disguised by the often rigid and legalistic frameworks of twentieth-century rights theories) and that their associations with individualism and agency should not be seen as central to the ‘core’ concept of a right. I examine various cases that might be regarded as difficult for ‘traditional’ theories, including the rights of future people, groups and animals. I show that certain theories are unable to account for moral rights in these cases (especially, but not only, ‘choice theories’ of the kind espoused by H. L. A. Hart). I develop an account of what an adequate theory of environmental rights must involve. This includes the suggestion that there are ‘essentially’ environmental rights which are not derivable from any of the traditional basic rights. I base this claim on the role that environment plays in identity on a number of interlinked levels. I argue that the ways in which we are involved in and dependent upon our environments are just as fundamental to who and what we are as the ways in which we are autonomous and independent. A theory of rights that places liberty and independence alone at the heart of the self will then rely on an impoverished and unbalanced view of how we relate to the world.
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Keeler, Rebecca L. "Corporate Rights." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/etsu-works/449.
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Book Summary: Spanning three volumes, this comprehensive encyclopedia of over six hundred entries covers the full range of civil rights and liberties in America from the antecedents of the Bill of Rights through the most recent controversies over political and social issues, including abortion, free speech, religious liberty, voting rights, and the guarantees of equality. It also addresses the civil rights and liberties issues stemming from America's ongoing war on terrorism. Detailed entries include key concepts, historical events and developments, major trials and appellate court decisions, landmark legislation, legal doctrines, important personalities, and key organizations and agencies. Entries have an objective tone, allowing readers to draw their own conclusions.
Designed as an up-to-date reference source for students, scholars, and citizens, the encyclopedia will help broaden and heighten understanding and appreciation for the wide range of issues associated with civil rights and liberties in the United States, and is the most sophisticated treatment available. The volumes of the encyclopedia consist of original entries, arranged alphabetically, on many current hot-button issues as well as in-depth coverage of the rights Americans hold sacred. Written by experts in the field, including attorneys, judges, and legal scholars, the encyclopedia takes a historical-legal approach, providing important information on the background and development of an issue or event.
The third volume concludes with over three dozen essential primary documents, including landmark statutes, key court decisions, and influential essays.
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Brömdal, Annette. "Intersex - A Challenge for Human Rights and Citizenship Rights." Thesis, Södertörn University College, School of Social Sciences, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-890.
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The purpose with this dissertation is to study the Intersex phenomenon in South Africa, meaning the interplay between the dual sex and gender norms in society. Hence, the treatment by some medical institutions and the view of some non-medical institutions upon this ‘treatment’, have been studied in relation to the Intersex infant’s human rights and citizenship rights. The thesis has moreover also investigated how young Intersex children are included/excluded and mentioned/not mentioned within South Africa’s legal system and within UN’s Convention on the Rights of the Child.
Furthermore, because Intersex children are viewed as ‘different’ on two accounts – their status as infants and born with an atypical congenital physical sexual differentiation, the thesis’ theoretical framework looks at the phenomenon from three perspectives – ‘the politics of difference’, human rights, and citizenship rights directed towards infants. The theoretical frameworks have been used to ask questions in relation to the empirical data, i.e. look at how the Intersex infants are ‘treated’ in relation to their status as ‘different’; and also in relation to the concept of being recognized, respected and allowed to partake in deciding whether to impose surgery or not. Moreover, what ‘treatment’ serves the best interest of the Intersex child? This has been done through semi structured interviews.
In conclusion, some of the dissertation’s most important features are that since the South African society, like many other societies, strongly live by the belief that there are only two sexes and genders, this implies that Intersex infants do not fit in and become walking pathologies who must be ‘fixed’ to become ‘normal’. Moreover, since most genital corrective surgeries are imposed without being medically or surgically necessary, and are generally imposed before the age of consent (18), the children concerned, are generally not asked for their opinion regarding the surgery. Lastly because early corrective surgery can have devastating life lasting consequences, this ultimately means that the child’s human rights and citizenship rights are of a concern. These conclusions do however not ignore the consequences one has to endure for the price of being ‘different’.
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Hann, Matthew James. "Egalitarian rights recognition : a political theory of human rights." Thesis, Durham University, 2013. http://etheses.dur.ac.uk/9453/.
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This thesis sets out the theory of ‘egalitarian rights recognition’, which is based on a novel combination of aspects of the work of Thomas Hill Green and Hannah Arendt. In doing so, it makes three key arguments. First, human rights must be grounded in social recognition, rather than in the innate qualities of the human. Second, rights recognition requires a serious commitment to equality - conversely egalitarian rights recognition provides a critical lens through which the problems of rights recognised in situations of inequality can be more clearly seen. Third, human rights, if grounded by egalitarian social recognition, are important for human freedom and flourishing. The thesis concludes by applying the theory of egalitarian rights recognition to the international level, arguing that rights recognition can provide a more plausible basis for cosmopolitanism than natural rights, and thus for human rights, rather than rights within a certain state.
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Mantouvalou, Virginia. "Labour rights under the European Convention on human rights." Thesis, London School of Economics and Political Science (University of London), 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.437289.
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Handley, Peter F. "Beyond rights? : disability and the discipline of liberal rights." Thesis, University of East Anglia, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.396609.
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Samartzi, Vasiliki. "Digital rights management and the rights of end-users." Thesis, Queen Mary, University of London, 2013. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8642.
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Digital Rights Management systems (DRM) are frequently used by rightsholders in order to protect their works from the, very high indeed, possibility to be copied, altered or distributed without authorisation by users who take advantage of available state-of-the-art copying techniques. Because DRM are legally protected by anti-circumvention legislation both in the United States and in Europe, a debate goes on more than a decade now regarding their impact to the notion of “balance” among copyright stakeholders that traditionally underpinned copyright law. In this context, this study examines, in turn, the philosophical underpinnings of analogue and digital copyright law focusing of copyright exceptions, the development of a notion of a minimum of lawful personal use for the digital environment based on existing copyright exceptions and users’ expectations of personal use, and the impact of the use of DRM and of the introduction of anti-circumvention legislation to this notion. While the European Information Society Directive 2001/29/EC (EUCD) is the main legal instrument analysed and criticised, the role of other Directives is also examined to the extent they address the relationship between lawful personal use and anticircumvention legislation. Legal developments in the United States could not have been absent from this discussion since anti-circumvention legislation was introduced there much earlier than the EUCD and important case-law and legal commentaries have developed since. Following the identification of problems regarding the operation of a minimum of lawful personal use in digital settings, the proposal to introduce a right to engage in self-help circumvention afforded to users of DRM-protected works for Europe is put-forward. Such a right would not undermine rightsholders incentives to offer works online and develop new business models but would acknowledge the users’ interest to interact and tinker with digital works taking full advantage of the new possibilities offered by digitisation.
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Adrian, Angela. "Property rights and personality rights in a virtual world." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/203.
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Personality rights and property rights are not adequately protected by End User License Agreements (EULAs). This thesis explains how they may be safeguarded by expanding traditional intellectual property rules and developing more cohesive rules for user-generated content. Currently virtual property is governed under a system where initial rights are allocated to traditional intellectual property rights holders, and subsequent rights are governed by EULAs. The traditional intellectual property rights holders have been systematically eliminating any emerging or potential virtual property rights to which game players may be entitled. This is causing an imbalance in resources and rights. The law of contract and the law of property have traditionally balanced each other. The law of contract permits parties to realize the value of idiosyncratic preferences through trades. The law of property traditionally limits the burdens that parties may place on the productive use or marketability of high-value resources by means of contract. Presently, emergent useful property forms in cyberspace are being eliminated by contract. Property law theories provide strong grounds for recognizing that property rights should inhere in virtual assets. Intellectual property rights, specifically copyright, protect the author’s expression of his ideas. The question remains who is creating what? Is it the games company who provide the backdrop and venue or the players who provide the dialogue, action, and plot? The structure and building-blocks are the legal property of the creator-company; however, each character is the embodiment of a player’s story. The fair use doctrine creates a “breathing space” for certain subsidiary or derivative uses of a work by declining to recognize the copyright holder’s entitlement to control (or exploit) the markets for these uses. In determining which of these uses fall into this breathing space, the courts will use a sliding scale.
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Bastidas, Hugo J. "Listen to the (in)mate, a life history, readers theatre (re)presentation of women in Ecuador jails accused of drug trafficking." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq62880.pdf.
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Van, der Haer Anthony Abner. "How would an accused / defence successfully argue non-pathological criminal incapacity or alternative defences, namely in the battered wife / partner syndrome?" Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/27419.
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Boyd, David Richard. "The environmental rights revolution : constitutions, human rights, and the environment." Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/23334.
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This thesis examines the growing recognition of the right to a healthy environment and its potential influence on public policy and environmental protection. It includes an analysis of 192 national constitutions, a survey of 500+ environmental law experts, an examination of environmental laws and court decisions in 86 nations, and a comparison of the environmental performance of nations with and without constitutional environmental protection using three comprehensive indices and three time-series.
Constitutional environmental protection is widespread—incorporated in 140 national constitutions—including 86 constitutions that explicitly recognize the right to a healthy environment. Common law nations lag behind civil law nations in this regard. Environmental rights also are recognized in four binding international agreements covering 115 nations in the Americas, Europe, Africa, and the Middle East.
Constitutionalizing the right to a healthy environment appears to have significant legal consequences. In 72 of 86 nations studied, national environmental laws were strengthened and incorporated environmental rights post-constitutionalization. In 50+ nations—spanning Latin America, Europe, Asia, and Africa—courts have enforced the right to a healthy environment. Argentina, Brazil, Colombia, and Costa Rica have pioneered simple and inexpensive judicial processes for protecting the right to a healthy environment. Increasingly, international courts and commissions are applying environmental rights in human rights cases.
In some nations, the constitutional right to a healthy environment appears to be contributing to: enhanced enforcement of environmental laws; a barrier to rollbacks in environmental law; greater government accountability; a level playing field with other rights; reduced environmental injustice; and improved access to information, public participation in decision-making, and access to justice.
Preliminary analysis suggests a positive relationship between environmental protection provisions in constitutions and environmental performance. Nations with constitutional environmental provisions have smaller ecological footprints, rank higher on comprehensive indices of environmental indicators, and reduced emissions of air pollutants and greenhouse gases faster than nations without such provisions. Additional quantitative research is needed to further explore the impact of constitutional provisions on environmental outcomes.
In conclusion, constitutionalizing environmental protection, particularly the right to a healthy environment, represents a potentially transformative act, capable of reconfiguring legal systems to place unprecedented priority on ecological sustainability.
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Palmer, Ellie. "Judicial Review, Socio-Economic Rights and the Human Rights Act." Thesis, University of Essex, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.510528.
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Friman, Josefine. "LGBT-rights : sexual orientation, gender identity and the human rights." Thesis, Stockholms universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-109324.
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Dudas, Jeffrey R. "Rights, resentment, and social change : treaty rights in contemporary America /." Thesis, Connect to this title online; UW restricted, 2003. http://hdl.handle.net/1773/10719.
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Bajor, William J. "Discussing 'human rights' : an anthropological exposition on 'human rights' discourse." Thesis, University of St Andrews, 1997. http://hdl.handle.net/10023/15382.
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This thesis examines how the displaced Sudanese in Egypt, Kenya, and the United Kingdom discuss the topic of "Human Rights". Whereas many studies on "Human Rights" are primarily concerned with the opinions of outsiders, an attempt is made here to provide an alternative perspective in that the focus of this dissertation is on how the displaced Sudanese, themselves, discuss "Human Rights" in view of their situation as exiles. The thesis begins by tracing the historical evolution of the 'Western' concept of "Human Rights" and investigating the historical relationship between Anthropology and "Human Rights". Attention is paid to the role of the doctrine of "cultural relativism" in the discipline of Anthropology. After briefly looking at Sudan's geographical and social makeup, I explain the difficulties I encountered as an independent scholar conducting research on "Human Rights" and Sudan. This is followed by descriptions of the fieldwork locations. What comes next is the heart and soul of the thesis. After giving brief descriptions of the interviewees, 1 analyse how the interviews were conducted and explain how the issue of "Politics" dominated practically every discussion with the interviewees. Next, excerpts from nineteen interviews are presented for the reader to get acquainted with the conversations between the Interviewees and myself. Finally, an examination is made of how "Human Rights" is employed as a manipulative device (or tool) by the interviewees. This is essentially the crux of the study. The chief aim of the thesis is to present various ways the notion of "Human Rights" can be (and is) interpreted and utilised by the displaced Sudanese in the context of their own circumstances as exiles.
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Morwe, Clement Shane. "Minority language rights in Namibia: An international human rights perspective." University of Western Cape, 2019. http://hdl.handle.net/11394/7562.
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Magister Legum - LLMNamibia is home to a number of linguistic minorities. According to the 2011 census, the Owambo constitute 49.35 per cent of the population, accounting for almost half of the country’s total population.1 The rest of the linguistic groups include the Bushman (San) (0.95 per cent), Caprivians (4.5 per cent), Herero (8.99 per cent), Kavango (10.42 per cent), Damara/Nama (11.32 per cent), Setswana (0.26 per cent), Afrikaans (8.72 per cent), German (0.54 per cent), English (2.43 per cent), other European languages (0.69 per cent), other African languages (1.74 per cent), Asian languages (0.08 per cent) and other unidentified languages (0.02 per cent).2 English is, however, the only official language in terms of the Constitution of the Republic of Namibia, 1990 (“Constitution”).3
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Villanueva, Kevin Henry Reyes. "Constructing human rights : language in the ASEAN Human Rights Declaration." Thesis, University of Leeds, 2014. http://etheses.whiterose.ac.uk/7235/.
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Why did ASEAN agree a to a human rights regime? The 10 member countries launched the ASEAN Intergovernmental Commission on Human Rights in October 2009, a little less than a year after the ASEAN Charter was ratified, bestowing the organisation legal personality. Article 14 of the Charter provided for the establishment of a “human rights body”. These events transpired just over a decade after the Asian Values Debate reached its apogee in the mid 1990s, and over four decades after the founding of the organisation in 1967. The existing literature points to the plurality of actors in the regional campaign for human rights and power of norms on domestic change. This study looks deeply into the validity of the following hypothesis: ASEAN agreed to an international human rights regime because rights discourse was able to accommodate contradictory notions of human rights and the different social and political orders of the organisation, its member states, elite groups and civil society. The use of text and discourse gave rise to the admissibility of what would otherwise have been, or constantly branded as, a “Western liberal project”. My argument goes against the common observation that rhetoric can become a substitute for real change: one cannot say what one cannot do, one cannot write that which (almost always) one cannot commit to do. Social and political change does not happen without the representational and constitutional power of language. For this I draw up what I call the “language pendulum”. It is a model that explains the power of language and discourse in international politics. I use as a my case study the drafting process of the ASEAN Human Rights Declaration (a “bill of rights”) to illustrate how human rights norms are socialised in a variety of transactions through the use of discursive strategies.
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Edlich, Harry Sutton. "Basic Economic Rights." Digital Archive @ GSU, 2005. http://digitalarchive.gsu.edu/philosophy_theses/2.
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The world’s human population is presently politically organized into an international system of territorially-defined nation-states. Each nation-state claims sovereign rights to non-interference and self-determination which minimize the legitimate influence of all other nation-states on the conduct of its internal affairs. International political discourse using the concept of human rights has become increasingly influential in addressing the regulation and restrictions of coercive activity that governing institutions can exact upon citizen populations. If there are universal human rights that all persons possess regardless of national affiliation, does this include basic economic rights that should insure all persons the basic economic goods necessary for healthy subsistence? Philosophers working within the state of nature contractual theory of government philosophical tradition, including Hobbes, Locke, Nozick, and Rawls, reach contradictory conclusions regarding the existence of universal basic economic rights. More recently, Shue has provided arguments affirming the existence of universal basic economic rights.