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Dissertations / Theses on the topic 'SOCIAL AND CULTURAL RIGHTS ECONOMIC'
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1
Dowell-Jones, Mary. "Contextualising the International Covenant on Economic, Social and Cultural Rights : assessing the economic deficit." Thesis, University of Nottingham, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.246409.
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Pérez, Gómez Laura Elisa. "Measuring advances on economic, social and cultural rights in the interamerican region." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118894.
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Progress indicators for measuring human rights, is a new paradigm established in the Inter-American region to identify improvements and formulate public policies based on empirical evidence. The analysis of the first round of reports for the Protocol of San Salvador was finished on May 2016, setting observations and recommendations to ensure expansion of economic, social, cultural and environmental rights in the Americas. This instrument with indicators must strengthen development policies and enforce human rights.La evaluación de derechos humanos vía indicadores es un nuevo paradigma establecido en la región interamericana para valorar los progresos en la materia y formular políticas públicas basadas en evidencia empírica. El proceso de análisis de la primera ronda de informes para el Protocolo de San Salvador culminó en mayo de 2016, con la generación de observaciones y recomendaciones orientadas a garantizar la expansión de los derechos económicos, sociales, culturales y ambientales en las Américas. Esta metodología de indicadores deberá constituir un instrumento para fortalecer las políticas de desarrollo y la exigibilidad de los derechos humanos.
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Barnsley, Ingrid Clare. "Understanding the domestic implementation of international law on economic, social and cultural rights." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.530016.
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Tooze, Jennifer A. "Identification and enforcement of social security and social assistance guarantees under the International Covenant on Economic, Social and Cultural Rights." Thesis, University of Nottingham, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.246933.
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Craven, Matthew C. R. "The international covenant on economic, social, and cultural rights : a perspective on its development /." Oxford : Clarendon, 1995. http://www.gbv.de/dms/spk/sbb/recht/toc/278681859.pdf.
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Craven, Matthew C. R. "The International Covenant on Economic, Social and Cultural Rights : a perspective on its development." Thesis, University of Nottingham, 1992. http://eprints.nottingham.ac.uk/11441/.
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The International Covenant on Economic, Social and Cultural Rights entered currently has 118 States Parties and has been in force for 17 years. Over the past five years, the implementation of the Covenant has come under the supervision of the Committee on Economic, Social and Cultural Rights. Unlike its predecessort, the Sessional W orking Group, the Committee has taken its supervisory role seriously such that it has begun to develop both the substance of the Covenant and the implementation procedures. This study, based principally upon the work of the Committee on Economic, Social and Cultural Rights, discusses a number of aspects in which the substance of the Covenant and its supervision procedures may be seen to have been developed. Chapter 1 traces the roots of economic, social and cultural rights and outlines their codification in the Universal Declaration of Human Rights, and later the Covenant, following the end of the Second World War. Significant aspects of the drafting process are analysed in detail. Chapter 2 discussest he nature and scope of the State obligations under the Covenant as regards the implementation of the rights. Particular emphasis is given to the terms of article 2(1) and how they have been interpreted in the work of the Committee. Chapter 3 analyses, primarily from a theoretical standpoint, the manner and degree to which the terms of the Covenant may be given "direct effect", or in other words, relied upon directly in domestic courts. Chapters 4 to 8 address particular articles within the Covenant and considers the interpretation given to them by the Committee. Chapter 4 deals with article 2(2) (and to a lesser extent article 3) concerning non-discrimination; Chapter 5 deals with article 6 concerning the right to work; Chapter 6 deals with article 7 regarding the right to just and favourable conditions of work; Chapter 7 deals with article 8 concerning rights related to trade unions; and Chapter 8 deals with article 11 concerning the right to an adequate standard of living and, in particular, the rights to food and housing. In each case, an attempt is made to evaluate the Committee's approach to each article and assess the possibilities for future development. Chapter 9 addresses the emergence, role and working methods, of the Committee as a human rights supervisory body. Particular consideration is also given to the problems encountered and the Committee's future prospects. Chapter 10, as the concluding chapter, draws together the observations made in earlier chapters and attempts to make an evaluation of the present and future utility of the Covenant as a mechanism for the promotion and protection of economic, social and cultural rights.
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Rubio, Patricio. "Cultural, social and economic rights in the Constitution corpus and Constitutional Court’s Case Law." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116539.
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This article deals with Cultural, Social and Economic Rights established in the Constitution and in Constitutional Case Law. So, after explaining its nature, state’s role according preservation and enforceability,relationship with other fundamental rights, among other key points, it isi ntended to answer, dealing with those rights, which of two scenarios have prevailed: internationalization of constitutional law or constitutionalization of international law.El presente artículo versa sobre la presencia de los derechos económicos sociales y culturales (DESC) en la Constitución y en la jurisprudencia constitucional. Así, tras abordar su naturaleza, el rol estatal respecto de su preservación, su exigibilidad y su relación con otros derechos fundamentales, entre otros importantes aspectos, intenta responder si en el tratamiento de los DESC en nuestro país se ha producido una internacionalización del derecho constitucional o más bien una constitucionalización del derecho internacional.
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Hardowar, Rishi Kumarsingh. "Improving domestic enforcement of socio-economic rights through international law : ratification of the International Covenant on Economic, Social and Cultural Rights by South Africa." Thesis, University of Pretoria, 2009. http://hdl.handle.net/11394/3220.
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Khumalo, Tridah Pardon. "The Ratification of the International Covenant on Economic, Social and Cultural Rights in South Africa." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46228.
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Raible, Lea Alexa. "Human rights unbound : a theory of extraterritorial human rights obligations with special reference to the International Covenant on Economic, Social and Cultural Rights." Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10041896/.
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This thesis advances four main arguments aimed at fundamentally changing the way we think about extraterritorial human rights obligations. First, I argue that the questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, I seek to show that human rights as found in international human rights law, including the International Covenant on Economic, Social and Cultural Rights, are underpinned by the values of integrity and equality. Third, I argue that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over said individuals. And fourth, I show that title to territory is best captured by the value of stability, as opposed to integrity and equality. Because of this, models of jurisdiction that incorporate a close relationship with title to territory cannot be successful. The consequence of these arguments is a major shift in how we view extraterritorial human rights obligations. Namely, the upshot is that all standards in international human rights law that count as human rights require that a threshold of jurisdiction, understood as political power, is met. However, on my account, this threshold is not a conceptual necessity but a normative one. It is the relevant threshold not only for practical reasons, but because it justifies the allocation of human rights obligations.
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Mbazira, Christopher. "The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/1062.
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"It is submitted that South Africa presents the African Commission on Human and Peoples' Rights (the Commission) and the African Court on Human and Peoples' Rights (the Court) with inspiration to draw from on how social-economic rights can be protected. Issues of locus, defining the state's obligations, effective remedies and their enforcement can be drawn from. However, it is impossible to transpose a domestic system directly into the regional system. It is also submitted that South Africa's Constitution and jurisprudence is not without criticisms as assessed against the backdrop of international human rights law. In this respect the United Nations Committee on Economic, Social and Cultural Rights (the Committee) offers immense inspiration. Through its practice of giving normative content to the rights in the ICESCR the Committee has given extensive definition to some of the rights in the ICESCR and the obligations that attach to them. The obligation of the states to take steps to the maximum of the available resources to achieve progressively the full realisation of the rights in the Covenant has been the subject of extensive elaboration by the Committee. In addition to this the Committee has read into the ICESCR a very important concept, the principle of 'core minimum obligations'. This concept sets the benchmark in determining whether the state has discharged it obligations at the minimum level. The Commission and Court should take advantage of the provisions of the Charter which allow for inspiration from other instruments. The Charter obliges the Commission and the Court to draw inspiration from international law and human and peoples' rights, including the UDHR and other instruments adopted by the United Nations and African countries in the area of human rights. This is in addition to taking into consideration other instruments laying down rules expressly recognized by the states. This paper sets out to show that the African system can draw inspiration from South Africa and the Committee in order to surmount the challenges affecting the realisation of the rights. The paper is divided into five parts. The first part outlines the normative framework of protection of economic, social and cultural rights within the ICESCR, the African Charter and South African Constitution. The second part explores the challenges hampering the effective realisation of these rights followed by an analysis of the African Court and the lessons it may draw not only from the Committee and South Africa's Constitution but from the African Commission as well. The fourth part looks at the forth-coming African Court and its challenges, pointing to aspects on which it may seek inspiration. This will be followed by a conclusion and recommendations." -- Introduction.Prepared under the supervision of Professor Sandra Liebenberg at the Faculty of Law, University of the Western Cape, South Africa
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Mbazira, Christopher. "Enforcing the economic, social and cultural rights in the South African Constitution as justicable individual rights: the role of judicial remedies." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7448_1254751404.
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Judicial remedies are, amongst others, a vehicle through which respect, protection, promotion and fulfilment of human rights can be delivered to those who need them. A remedy is the perspective from which litigants judge either the success or failure of judicial decisions. Judicial remedies make the rights whole, they complete the justiciability of human rights because without them human rights remain statements of legal rhetoric. The nature of the remedies that the courts grant is not only based on the normative nature of the rights they seek to enforce. They are also influenced by factors such as the goals and objectives of judicial remedies as defined, amongst others, by the ethos of either corrective or distributive forms of justice. This thesis explored these factors and their impact on judicial remedies. Stress is put on the impact of the separation of powers doctrine, institutional competence concerns and on the forms of justice pursued by courts. The study is based on the judicial enforcement of the socio-economic rights protected in the South African 1996 Constitution. The research undertaken here was intended to guide scholars, legal practitioners and judicial officers who confront socio-economic rights issues as part of their daily work.
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Rippenaar, Shéan Jamie. "The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing." University of the Western Cape, 2018. http://hdl.handle.net/11394/6828.
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Magister Legum - LLMAccess to adequate housing is an important socio-economic right and is of central importance for the enjoyment of all rights. The right to access adequate housing is viewed as a fundamental human right and has been described in both International Law and by the South African courts as being essential to the dignity of human beings. Access to adequate housing thus plays an important part in ensuring human dignity for all persons. It is also one of the key elements needed to ensure that all persons have access to an adequate standard of living. Access to adequate housing further plays a vital role in maintaining and improving the lives of all people as it provides both security and shelter. In modern day South Africa, access to adequate housing is held in very high regard. This is evident in the recognition it has received in the National Development Plan as two of the fourteen outcomes of the plan are to ensure that “all people are and feel safe” and “sustainable human settlements and improved quality of household life.” The drafters of the South African Constitution recognised the importance of access to adequate housing as provision was made for the right to access adequate housing in the Final Constitution in section 26. In considering the report submitted by South Africa, the United Nations Committee on Economic, Social and Cultural rights indicated (hereinafter referred to as the “Committee on ESCR”) the housing landscape in South Africa continues to be divided as a result of the past and that the apartheid spatial divide continues to dominate the landscape. Viljoen notes that despite numerous attempts to transform the housing regime from one which was grossly discriminatory to a welfare-orientated legal system that functions under the auspices of the rights and values entrenched in the Constitution of the Republic of South Africa the poorest households in South Africa remain subject to not only a lack of access to housing but also intolerable housing conditions. He writes further that the judicial enforcement of the right to access adequate housing is a difficult, complex and multi-layered issue with which the courts have been grappling for some time. An examination of the housing rights jurisprudence reveals that housing rights and access to adequate housing has been one of the most fiercely contested and frequently litigated topics in the country. The jurisprudence also shows that housing is an area where much legislative, policy and infrastructure progress has been made.
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Agbakwa, Shedrack Chukwuemeka. "Retrieving the rejected stone, rethinking the marginalization of the economic, social and cultural rights under the African Charter on Human and Peoples' Rights." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ57181.pdf.
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Espinosa-Saldaña, Barrera Eloy, and Burga Alberto Cruces. "Comments on the evolution of social, economic and cultural rights in Peru and the scope of its judiciability." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108998.
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Are social, economic and cultural rights really enforceable rights? Is their nature different from those of the civil and political rights? What does our Constitution state on the matter? What is the posture that national and international jurisprudence have adopted regarding the issue?In the article at hand, the authors challenge the common conception about those rights, and analyze the work done by the Peruvian Constitutional Court on the matter.¿Son los derechos económicos, sociales y culturalesexigibles realmente? ¿Su naturaleza es distinta a lade los derechos civiles y políticos? ¿Qué establece nuestra Constitución al respecto? ¿Cuál ha sido lapostura de la jurisprudencia nacional e internacional sobre la materia?En el presente artículo, los autores cuestionan la concepción que normalmente se tiene de dichos derechos, y analizan la labor que ha desarrollado el Tribunal Constitucional peruano al respecto.
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Khalfan, Ashfaq. "State obligations beyond borders relating to economic, social and cultural rights : legal basis, extent and implications for development cooperation." Thesis, University of Oxford, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669753.
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Janka, Dejene Girma. "The realization of the right to housing in Ethiopia." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5452.
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This research aims to answer the question whether Ethiopia has adopted adequate
measures to realize the right to housing. This dissertation will be informative to many Ethiopians about their right to housing vis-à-vis the duty of the government and the measures it has taken. It can also serve as an incentive for the government to take adequate steps to realize the right to housing thereby
influencing policy-making. Further, the research will bridge the gap in the existing literature on the subject.Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007.
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 Atangcho Nji Akonumbo of the Catholic University of Central Africa, Yaoundé, Cameroon.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Galliker, Doris. "The potential impact of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on the realisation of socio-economic rights in the international arena: what can be learnt from the justiciability of socio-economic rights in South Africa?" Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/4694.
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The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (the 'Optional Protocol' or the 'OP-ICESCR') has recently been adopted by the General Assembly of the United Nations. This document establishes a new complaints procedure for economic, social and cultural rights ('ESCR') within the United Nations human rights system. Hence, those rights ' as it is already the case for civil and political rights (CPR) ' will become quasi-justiciable at international level. Once the Optional Protocol will enter into force, individuals and groups victims of violations of any right contained in the International Covenant on Economic, Social and Cultural Rights (the 'Covenant' or the 'ICESCR') will have the possibility to submit communications to the United Nations Committee on Economic, Social and Cultural Rights (the 'Committee' or the 'CESCR'), as long as the state concerned is party to the OP-ICESCR.
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Eriksson, Stina. "The Right to a Living Wage : The Obligations of States Parties to the International Covenant on Economic, Social and Cultural Rights to Realise the Right to a Living Wage." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-260047.
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Karlsson, Elisabet. "Is an individual complaint mechanism an appropriate way to correct the imbalance between civil and political rights and economic, social and cultural rights? : From the perspective of justiciability." Thesis, Stockholms universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-105643.
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Shahid, Ahmed. "For Want of Resources: Reimagining the State's Obligation to Use 'Maximum Available Resources' for the Progressive Realisation of Economic, Social and Cultural Rights." Thesis, The University of Sydney, 2015. http://hdl.handle.net/2123/14369.
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This thesis provides insights into, additional commentary on and analysis of the fundamental role of resources in advancing Economic, Social and Cultural Rights (ESC rights). Its objective is to expand the policy space within which States can operate to fulfil their obligations related to these rights. It addresses a number of central questions about the resource dimension of ESC rights policy, including interpretation of the concept of ‘maximum available resources’ in the context of the International Covenant on Economic, Social and Cultural Rights (ICESCR). By applying a cross-disciplinary approach, the thesis investigates legal, economic and public policy dimensions of resource mobilisation, allocation and governance that are essential in advancing progressive realisation of ESC rights. This thesis proposes that the obligation to take steps to the ‘maximum available resources’ for the progressive realisation of ESC rights can be made more meaningful by adopting a broader interpretation of the concept of resources and by taking active steps to maximise the quality and quantity of resources available through public sector revenue, international assistance and co-operation and private sector investment, all of which can be enhanced through institutional mechanisms and processes of allocation and governance. This proposition is supported by an in-depth qualitative analysis of relevant ESC rights literature, interpretive works of the ESCR Committee and Special Rapporteurs, periodic reports of States, institutional documents and case studies, which provide evidence on the current understanding and application of the concept of resources in this context. Based on analysis of multiple sources of evidence on State practice, this thesis presents a cross-disciplinary model of the nature, scope and policy dimensions of resources for ESC rights and suggests how concerted State policy efforts can optimise their impact on the realisation of ESC rights.
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Chirwa, Danwood Mzikenge. "Towards binding economic, social and cultural rights obligations of non-state actors in international and domestic law: a critical survey of emerging norms." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This study argued that the issue of non-state actors requires a comprehensive response that includes the recognition of both non-binding and binding human rights obligations of these actors. It examined critically the emerging norms on voluntary obligations, state responsibility, and direct responsibility of these actors with regard to human rights at both international and domestic levels.
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Miamingi, Remember Philip Daniel. "Inclusion by exclusion? : an assessment of the justiciability of socio-economic rights under the 2005 Interim National Constitution of the Sudan." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8099.
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This work critically examines the justiciability of the Sudan model of constitutionalising socio-economic rights (SER) and the legal implications of this model. Discusses the following questions: (1) What is the scope and extent of the Sudan Bill of Rights? (2) What is the effect of section 27(3) on section 22 of the Sudan Interim National Constitution? (3) Does the Constitution provide for justiciable SER, if yes, can the South African model of
rendering SER justiciable and their standard of review provide a useful guide to the Sudan?Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Professor Julia Sloth-Nielsen of the Community Law Centre, University of the Western Cape
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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White, Robyn L. "Invisible Women: Examining the Political, Economic, Cultural, and Social Factors that lead to Human Trafficking and Sex Slavery of Young Girls and Women." ScholarWorks@UNO, 2013. http://scholarworks.uno.edu/td/1708.
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This thesis employs the most recent and best available data on human trafficking, the United Nations Office on Drugs and Crime’s Trafficking in Persons Global Report 2006, as well as nine independent variables to determine what their effects are on countries’ volumes of human trafficking outflows. By completing a cross-sectional analysis via an OLS regression, I found statistically significant support for three factors that I hypothesize lead to greater outflows of human trafficking. My findings suggest that countries that are less corrupt, have more seats in parliament held by women, and score higher on Cho, Dreher, and Neumayer’s Anti-Trafficking Policy Index are less likely to experience high outflows of human trafficking. Additionally, while they narrowly avoid statistical significance, this study also suggests that states that have a legal stance on prostitution and have fewer women employed in the non-agricultural sector experience less human trafficking outflows.
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Kasongo, Tshimpaka. "The implementation of the socio-economic rights provisions of the African Charter on Human and Peoples’ Rights at the national level : a case study of Democratic Republic of Congo (DRC)." Thesis, University of the Western Cape, 2014. http://hdl.handle.net/11394/4767.
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Magister Legum - LLMThis mini-thesis examines the issue of the implementation of the socio-economic rights provisions of the African Charter on Human and Peoples‘ Rights (ACHPR) at the national level, in a case study of Democratic Republic of Congo (DRC). These rights which comprise the right to property, the right to work, the right to health, the right to education and the protection of the family and cultural rights in Articles 14 to 18 of the ACHPR are provided for and guaranteed in the DRC Constitution of 18 February 2006 in Articles 34 to 48 and, accordingly, are legally enforceable under the Constitution. This study was motivated by the fact that despite the enforceability of these rights under the DRC Constitution, the real situation in the DRC remains worrying in that the economic, social and cultural rights (ESCR) of the ACHPR are violated from day to day by the government. The majority of Congolese live in poverty, disease and ignorance; they lack jobs, food and other basic necessities, such as, water and electricity, in spite of DRC‘s abundant natural resources (such as, oil and gas); minerals (such as cobalt, vanadium, manganese, phosphate, and bauxite); iron ore; and precious tropical rain forests. This situation is due to certain reasons, including: bad governance; mismanagement of public finances by political authorities at the expense of the majority; lack or weakness of the institutions or organs of implementation; and the ignorance of the Congolese people about their socio-economic rights even if they are massively violated by their government. Consequently, the marginalisation of socio-economic rights which results in their non-protection and non-realisation in DRC leads to a low expectation of the State and Government by the people, corruption, exclusion, racism, xenophobia, inequality, diseases, poverty, a feeling of betrayal of the people, a crisis of state and governmental legitimacy, popular insurrections and civil war in the country. To prevent the above consequences requires the DRC State to comply with Article 1 of the ACHPR which declares that the Member States of the Organization of African Unity that are parties to the ACHPR shall recognise the rights, duties and freedoms enshrined in it and shall undertake to adopt legislative or other measures to give effect to them. In addition, as the ACHPR complements human rights protection at the domestic level where the rights protected in the Charter should be realised, it is important for DRC to ensure that the ESCR of the ACHPR protected in its Constitution are given full legal effect under domestic law, such that the Charter‘s rights are made justiciable.
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Bekele, Eskedar A. "Implications of ECOSOCC's mandate for the promotion and protection of human rights in Africa: inquiry into the relationship between ECOSOCC and the human rights organs of the African Union." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1209.
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"By promoting and defending human rights and freedoms, by promoting the participation of African civil society in the implementation of the policies and programmes of the African Union (AU), and by forging greater partnership between social and professional groups and governments, the Economic, Social and Cultural Council (ECOSOCC) will play a critical role in the promotion and protection of human rights in Africa. However, it is far from clear how this important organ is related to human rights organs of the AU which includes the African Commission on Human and Peoples' Rights (the African Commission), the African Court on Human and Peoples' Rights (the African Court) and the African Committee of Experts on the Rights and Welfare of the Child (Committee of Experts). How can effective relationships between ECOSOCC on the one hand, and these human rights organs on the other, be achieved for the realisation of the human rights mandate of ECOSOCC? ... The essay comprises five chapters. Chapter one is [an] introduction and begins by posing the research question and the justification for the research. Chapter two gives the introduction of ECOSOCC, its background, structure and mandates and looks into the satutes of ECOSOCC, its draft rules of procedure and its strategic plan for the years 2005-2007. Chapter three makes a comparative analysis with other regional human rights sytems, namely the Council of Europe and the Organisation of American States as a point of inspiration for the African system. Under chapter four, the research discusses and analyses the possible relationships and coordinative mechanisms ECOSOCC can create with the human rights organs of the African Union in order to fulfil its human rights mandate. Chapter five makes a conclusion and concrete recommendations." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Dr. Alejandro Lorite Escorihuela at the Faculty of Law, American University in Cairo, Egypt
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Massalha, Manal. "In suspension : the denial of the rights of the city for Palestinians in Israel and its effects on their socio-economic, cultural and political formation : the case of Umm Al-Fahem." Thesis, London School of Economics and Political Science (University of London), 2014. http://etheses.lse.ac.uk/3351/.
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This thesis is concerned with the absence of substantive, functioning Palestinian cities, and of Palestinian urbanisation and urbanism in Israel. Framed and guided by conceptions of the city and public space, their potentialities, the possibilities they allow, and the challenges they pose to the state, the thesis using Umm al-Fahem as a case study seeks to investigate the Palestinian city in Israel, its materiality, the semiotics of its public space and socio-spatiality, and to deconstruct the historical, structural, political and social forces that shape its (un)making. Employing mixed qualitative methods of ethnography, photography, archival research, historical, sociological and discourse analysis, the thesis questions and deconstructs the nominal status of the city of Umm al-Fahem, the first Palestinian village to earn the official status of a city in Israel. It considers how to conceptualise Palestinian cities inside Israel and aims to give answers to questions such as: what can be made of Palestinian cities inside Israel? What kind of spatial configurations and arrangements are being formed and why? What kind of socio-political and cultural order is being formed and why? How does the city respond under (post)colonial conditions? Can there be a functioning Palestinian city and a fulfilment of the right to the city under (post)colonial conditions? Umm al-Fahem, the subject and object of research, suggests that the process unfolding is one of absenting the Palestinian city, depriving Palestinian citizens of the right to the city, and producing domesticated, suspended, fragmented city and citizens. The production and mastery of space is used as a technology of control to achieve this, and forms part of a governmentality project whose underlying objective is the management of Palestinians.
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Faifua, Denise Elizabeth. "Willing and social work participation : socio-cultural rationalisation in industrial organisation." Thesis, Queensland University of Technology, 2001. https://eprints.qut.edu.au/15824/1/Denise_Faifua_Thesis.pdf.
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In this thesis I interrogate the possibility of 'willing and social' work participation in industrial organisation. I draw on Habermas's (1976, 1979, 1984 & 1987) work to synthesise marxist and weberian ideas, and to derive a socio -cultural or cultural Marxist perspective on Capitalism. From this position I highlight the limitations of social action in theories of organisation and work. Moreover, I theoretically derive a model of work participation that acknowledges broader orientations to work. I interrogate that model of work participation in a study of four dominant forms of industrial organisation. Those organisations are SEQEB the South East Queensland Energy Board, Eagle Boy Pizzas in Queensland, the New South Sugar Milling Cooperative Ltd, and Budge -Ellis Staff Co-operative. Gathering data for this study involved both primary and secondary research. I used a comparative and longitudinal field research approach, unstructured interviews with an interview guide, and the collection of documents recommended by interviewees. I interviewed people working in the organisations and relevant government agencies. My research involved travel in Queensland and New South Wales, Australia. Ultimately, I produce a sociologically informed model for the establishment of 'willing and social' work participation. I conclude work participation exists within the context of capitalism, and social relations - either formally free or free; that work participation is directly influenced by rational configurations of the world of work comprising economic, political and social worldviews; and I argue the dominance of a worldview depends on whether the political action premises of buffering and shoring successfully neutralise competing worldviews; and whether the moral dictums or espoused values of work are prescribed or invoked and result in the exploitation or deployment of internal values. My thesis points in the direction of further work on co-operative forms of organisation and work and their commonweal ideologies. In particular, my findings demonstrate a crowding out of co-operative forms and ideologies, not only by capitalist forms but also by trade union collectives. The type of research I suggest has the potential to increase the legitimation of co-operative forms of organisation. Although, the Australian co-operative movement has many achievements there remains the problem of establishing a socially progressive rationality that makes practical or operational sense to people at work. The emancipator ideal of willing and social work participation is intended to epitomise the goals of the enlightenment project, and to lead in that direction.
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Faifua, Denise Elizabeth. "Willing and Social Work Participation: Socio-Cultural Rationalisation in Industrial Organisation." Queensland University of Technology, 2001. http://eprints.qut.edu.au/15824/.
Full textAbstract:
In this thesis I interrogate the possibility of 'willing and social' work participation in industrial organisation. I draw on Habermas's (1976, 1979, 1984 & 1987) work to synthesise marxist and weberian ideas, and to derive a socio -cultural or cultural Marxist perspective on Capitalism. From this position I highlight the limitations of social action in theories of organisation and work. Moreover, I theoretically derive a model of work participation that acknowledges broader orientations to work. I interrogate that model of work participation in a study of four dominant forms of industrial organisation. Those organisations are SEQEB the South East Queensland Energy Board, Eagle Boy Pizzas in Queensland, the New South Sugar Milling Cooperative Ltd, and Budge -Ellis Staff Co-operative. Gathering data for this study involved both primary and secondary research. I used a comparative and longitudinal field research approach, unstructured interviews with an interview guide, and the collection of documents recommended by interviewees. I interviewed people working in the organisations and relevant government agencies. My research involved travel in Queensland and New South Wales, Australia. Ultimately, I produce a sociologically informed model for the establishment of 'willing and social' work participation. I conclude work participation exists within the context of capitalism, and social relations - either formally free or free; that work participation is directly influenced by rational configurations of the world of work comprising economic, political and social worldviews; and I argue the dominance of a worldview depends on whether the political action premises of buffering and shoring successfully neutralise competing worldviews; and whether the moral dictums or espoused values of work are prescribed or invoked and result in the exploitation or deployment of internal values. My thesis points in the direction of further work on co-operative forms of organisation and work and their commonweal ideologies. In particular, my findings demonstrate a crowding out of co-operative forms and ideologies, not only by capitalist forms but also by trade union collectives. The type of research I suggest has the potential to increase the legitimation of co-operative forms of organisation. Although, the Australian co-operative movement has many achievements there remains the problem of establishing a socially progressive rationality that makes practical or operational sense to people at work. The emancipator ideal of willing and social work participation is intended to epitomise the goals of the enlightenment project, and to lead in that direction.
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Jackson, Laurie Ann. "The international covenant on economic social and cultural rights: A critical examination of the relative importance of resource constraints on benchmarks and benchmarking processes in the African context." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4701.
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Diós, Marcelle Mourelle Perez. "A concretização de políticas públicas na área cultural como garantia de efetiva concessão de direitos sociais." Universidade do Estado do Rio de Janeiro, 2012. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=7311.
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O estudo propõe uma reflexão sobre o Direito à Cultura sob a ótica dos Direitos Fundamentais por meio de uma abordagem contextualizada com as formas em que este direito, seja pelo enfoque individual, seja pelo aspecto coletivo, se concretiza e com as atuações estatais que contribuem para tanto em um cenário de prevalência do modo de vida urbano não só nas cidades, mas também em comunidades outrora tidas como rurais, mas que absorvem progressivamente o modo de vida urbano. A Constituição Federal reconhece amplamente os Direitos Culturais, tendo-os como direitos imprescindíveis para a dignidade da pessoa humana em uma vida em sociedade, mas também impondo ao Poder Público que articule as Políticas Públicas proporcionando instrumentos para que as relações sociais desenvolvam-se em um ambiente de respeito à diversidade cultural e de fomento às manifestações culturais, por ver nelas um patrimônio do povo brasileiro e um espaço de exercício da personalidade de cada indivíduo. Para tanto, a dissertação apresenta uma ampla pesquisa sobre a legislação relacionada com o setor e mostra como estas Políticas Públicas podem estimular a Economia da Cultura em prol de um novo modelo de desenvolvimento, mais sustentável do que o paradigma industrial apresenta.The study proposes a reflection on the Right to Culture from the perspective of Fundamental Rights through a contextualized approach with the ways of this right is realized, either by individual focus or in the collective aspect, and the performances that contribute to a scenario of prevalence of urban living not only in cities but also in land, but it progressively absorb the urban lifestyle. The Constitution recognizes widely Cultural Rights, taking them as rights essential to the dignity of human life in society, but also requiring the Government to articulate public policies providing tools for social relations developed in a environment of respect for cultural diversity and promoting cultural events, to seek them as patrimony of the brazilian people and a space for the exercise of the personality of each individual. To this end, the dissertation presents a comprehensive survey on legislation related to the industry and shows how these public policies can stimulate the economy of culture in favor of a new model of development more sustainable than the industrial paradigm presents.
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Müller, Amrie. "The relationship of state obligations under the International Covenant on Economic, Social and Cultural Rights and international humanitarian law : an analysis of health-related issues in non-international armed conflicts." Thesis, University of Nottingham, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.555706.
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The parallel application of international humanitarian law (IHL) and international human rights law (IHRL) to armed conflicts is widely accepted today. Its detailed legal consequences, which will help in understanding its practical effect and potential to enhance the protection of people affected by armed conflicts, remain to be analysed in many areas. This thesis investigates the relationship of state obligations under IHL and the International Covenant on Economic, Social and Cultural Rights (ICESCR), with a special emphasis on health-related issues in non-international armed conflicts. ICJ jurisprudence suggests that the simultaneous application of IHL and IHRL can be structured with the help of the lex specialis maxim. This thesis argues that the function of the lex specialis maxim is relative and highly situation-dependent. When this is recognised, the maxim - alongside other interpretative methods - promises to aid the flexible parallel application of IHL and economic, social and cultural (ESC) rights to non-international armed conflicts. Despite developments in customary IHL applicable to non-international armed conflicts, the distinction between international and non-international armed conflicts remains relevant in IHL. Likewise, questions remain regarding the threshold of application of some IHL rules. These factors will affect the parallel application of IHL and the ICESCR to non-international armed conflicts. The scope of state obligations under the ICESCR in times of armed conflict has received little attention so far. It is argued that this scope is determined by two Articles: the notion to 'take steps' towards the 'progressive realisation' of ESC rights in Article 2(1) ICESCR, and by Article 4 ICESCR, the Covenant's general limitation clause. It is shown that the minimum core approach can be helpful in interpreting both Articles - minimum core rights should be implemented as a matter of highest priority even in times of armed conflict. It is further argued that no derogations are permitted from the right to health and other ESC rights in times of armed conflict, in particular not from their minimum cores. Building on these findings and focusing on health-related issues, the thesis analyses how a relative and context-sensitive lex specialis maxim can assist in easing substantial tensions between elements of the right to health and IHL relating to the targeting of military objectives, in particular so-called 'dual-use' objects. IHL rules on military targeting are found most likely to be given preference in situations of active combat. Nonetheless, the simultaneous application of the right to health will ensure that adverse long-term public health and other socio-economic consequences of NIACs for civilians are not ignored even when hostilities are ongoing and military-target decisions are made. It is also shown that IHL on the protection and care of the wounded and sick and the right to health complement each other well in mitigating the direct and indirect health consequences of armed conflicts, similarly supported by a context-sensitive use of lex specialis. With certain nuances, these findings apply to the relationship between IHL and ESC rights more generally. The operationalisation of this thesis' findings, and of the legal implications of the parallel application of other ESC rights and IHL, requires further efforts. It is concluded that the development of guidelines that assist practitioners in assessing the flexible relationship between IHL and the ICESCR in a given situation are the most functional option in that regard.
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Sampaio, Fernando de Almeida Prado. "Direitos sociais em juízo: da falta de efetividade à falta de parâmetros de julgamento." Pontifícia Universidade Católica de São Paulo, 2014. https://tede2.pucsp.br/handle/handle/6598.
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Previous issue date: 2014-09-17The objective of this study is to analyze the problem of the effectiveness (or ineffectiveness) of economic and social rights in Brazil considering the legal understanding of our Courts. The work is divided into five chapters, the second being related to the emergence and historical development of economic and social rights; the third showing the search for effectiveness and possible legalization of same (especially by CESCR); the fourth showing the possibility of legalization in Brazil, as well as operational problems and interpretative nature of this possibility and, by last, a concluding fifth chapter
O objetivo deste estudo é analisar o problema da efetividade (ou falta de efetividade) de direitos econômicos e sociais no Brasil à luz do entendimento jurisprudencial de nossos Tribunais. O trabalho é dividido em cinco capítulos, sendo o segundo referente ao surgimento e à evolução histórica dos direitos econômicos e sociais; o terceiro demonstra a busca de efetividade e possibilidade de judicialização dos mesmos (especialmente pelo Comitê DESC); o quarto mostra a possibilidade de judicialização no Brasil, bem como os problemas de natureza operacional e interpretativa dessa possibilidade e, por fim, o quinto capítulo, a conclusão
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Mugambe, Lydia. "The exceptions to patent rights under the WTO-TRIPS Agreement : where is the right to health guaranteed?" Diss., University of Pretoria, 2002. http://hdl.handle.net/2263/980.
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"The thesis of this study is that the flexibility within the exceptions to patent rights protecton under the TRIPS Agreement has not sufficiently been exploited at the national level. The study conceptualises the regimes for the protection of the right to health and IPRs not as mutually exclusive but as potentially reinforcing. The contention is therefore that the obligations in respect to the right to health limit the manner in which states can exercise the flexibilty within the patent regime of the TRIPS Agreement. Eventually the study seeks to answer the question: Where does the guarantee for the right to health lie in light of the TRIPS regime? ... The study is divided into three chapters preceded by an introduction. The introduction lays the background for te discussion. Chapter one deals with the definition of important concepts and provides the context in which the study is set. The chapter also discusses the background to the creation of the TRIPS Agreement, with an emphatic discussion on the involvement or lack thereof of Africn and other least developed and developing countries in this process. Chapter two discusses the patent rights exceptions clause under the TRIPS Agreement. Against this background, compuslory licensing, government use and parallel importing as means of making accessibility to drugs a reality under the TRIPS Agreement will be discussed. Chapter three identifies other means of making drugs more accessible and identifying places where they have worked well. In this chapter, generic substitution, establishemnt of a pricing committee, therapeutic value pricing, pooled procurement, negotiated procurement and planned donations will be discussed. Finally a conclusion will be drawn from the discussion and recommendations will be advanced." -- Chapter 1.Prepared under the supervision of Riekie Wandrag at the Community Law Centre, University of Western Cape, South Africa
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2002.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Barreto, Santana de Andrade Débora. "Les droits de l'homme dans le droit de l'Organisation mondiale du commerce : vers la cohérence : le cas des droits économiques, sociaux et culturels." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0043.
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Depuis la création de l’Organisation mondiale du commerce (OMC), plusieurs incompatibilités ont été détectées à propos des droits économiques, sociaux et culturels (DESC), les plus affectés par le commerce international. Bien que des recherches et des analyses ont été menées à propos de la relation entre les droits de l’homme et le droit de l’OMC, en raison du fait que le droit de l’OMC ne fasse pas de référence expresse aux droits de l’homme dans ses textes juridiques, faute de compétence matérielle pour ce faire, et que le mécanisme de règlement des différends n’ait jamais connu une affaire entre les membres portant sur l’invocation directe des droits de l’homme, ces études n’ont pas connu de réel progrès. Face à la nécessité de cohérence dans l’ordre juridique international et à la liaison inévitable entre les droits économiques, sociaux et culturels et les règles commerciales de l’OMC, il convient d’assurer une coordination adéquate entre les deux régimes par le biais d’outils juridiques permettant d’atteindre cet objectif. Pour ce faire, il est utile d’analyser, premièrement, la complexité des rapports entre les obligations issues de chacun de ces régimes spéciaux et les entraves à la conciliation entre elles, et, deuxièmement, évaluer les mécanismes existants dans le droit de l’OMC à même de contribuer à éviter les conflits avec les droits économiques, sociaux et culturelsSince the creation of the World Trade Organization (WTO), several incompatibilities have been found, particularly with regard to economic, social and cultural rights (ESCR), which are the most affected by international trade. Research and analysis has been conducted on the relationship between human rights and WTO law, however, due to the fact that the WTO does not make explicit reference to human rights in its legal texts, by lack of substantive competence in the matter, and the dispute settlement mechanism has never a case between members on the direct invocation of human rights, these studies have not progressed. Given the need for coherence in the international legal order and the undeniable link between economic, social and cultural rights and the WTO trade rules, which implies normative conflicts, adequate coordination between the two regimes through is necessary by legal tools to achieve this objective. In order to do so, it is useful to analyze, firstly, the complexity of the relationship between the obligations arising from each of these special regimes and the obstacles to conciliation between them, and then to evaluate existing mechanisms in WTO law, which help to avoid conflicts with the economic, social and cultural rights
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Fonte, Felipe de Melo. "A intervenção judicial no âmbito das políticas públicas orientadas à concretização dos direitos fundamentais." Universidade do Estado do Rio de Janeiro, 2009. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=2315.
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O presente estudo se propõe a desvelar o espaço legítimo de controle de políticas públicas destinadas à concretização de direitos fundamentais pelo Poder Judiciário. Para tanto, inicialmente é apresentada uma teoria das políticas públicas, que compreende a busca de um conceito para a categoria e a apresentação de suas características e elementos mais relevantes. O estudo não prescinde da análise da teoria dos direitos fundamentais, em especial das questões atinentes à eficácia dos direitos ditos prestacionais, e também da chamada análise institucional, um campo de estudos recentemente reavivado nos Estados Unidos. Na segunda parte do trabalho, de natureza marcadamente propositiva, as políticas públicas são divididas segundo a sua natureza, e em seguida sugeridos diferentes níveis de controle jurídico. Para as políticas ligadas ao mínimo existencial, sustenta-se o controle por meio dos princípios da proibição da proteção insuficiente e vedação do retrocesso. Para as demais políticas públicas, o controle é analisado sob o prisma dos princípios da isonomia, eficiência e transparência. Após o estudo de questões incidentais, o trabalho segue para as modalidades de controle de políticas públicas, distinguindo-se entre o controle forte, em que a discricionariedade dos órgãos políticos é reduzida a zero, e o controle fraco, onde o Poder Judiciário apenas comprime o espaço de liberdade decisória.This paper aims to reveal the legitimate space given to the Judiciary to materialize public policies. Therefore, it is initially presented a theory of public policy, which includes the search for a concept for the category and the presentation of its features and its most relevant elements. The study does not obviate the analysis of the theory of fundamental rights, especially issues concerning the effectiveness of the so-called positive rights, and also the designated institutional analysis, a field of study recently brought to life in the United States. In the second part of the text, which has a distinctly purposeful feature, public policies are divided according to their nature, and then it is suggested different levels of legal control. For policies related to the minimum existential claims, we defend a control through the principles of the prohibition of insufficient protection and impediment of the fundamental rights retrocession. For other public policies, the control is analyzed under the influence of the principles of equality, efficiency and transparency. After the analysis of incidental issues, the paper leans to the study of the procedures for control of public policies, distinguishing between strong control, where the leeway of the political bodies is reduced to zero, and poor control, where the Judiciary only compresses the area of decision-making freedom.
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Musungu, Sisule Fredrick. "The right to health in the global economy : reading human rights obligations into the patent regime of the WTO-TRIPS Agreement." Diss., University of Pretoria, 2001. http://hdl.handle.net/2263/931.
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"The implementation of the TRIPS Agreement, within the wider context of globalisation, has brought about a conflict between the obligation of states to promote and protect health and the achievement of economic goals pursued under the WTO regime. Since trade is the driving engine of globalisation, it is imperative that, at the very least, rules governing it do not violate human rights but rather promote them. The problem of IP and the right to health therefore lies in ensuring that the integration of economic rules and institutional operations in relation to IPRs coincide with states’ obligations to promote and protect public health. ...
This study centres on the specific debate about health and IPRs in the context of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the WTO rules on IP protection. In terms of a human rights approach to the TRIPS Agreement, the ICESCR has been chosen for several reasons. First, the ICESCR specifically recognises both the right to health and the right to the protection of inventions in clearer terms than any other human rights instrument. Secondly, at least 111 of the state parties to the ICESCR are also members of the WTO including a large number of developing countries. Thirdly, if one sees the ICESCR as a vehicle for the fulfilment of the obligation to promote and protect human rights under the United Nations Organisation’s (UN) Charter, it can be argued that in line with article 103, the implementation and interpretation of TRIPS by all UN members states must take into account basic human rights. However, even with primary focus being on the ICESCR, most of the discussion on practical issues will focus on the experiences in Sub-Saharan Africa because the inequalities and problems of access to health care are most dramatically played out in this part of the world.
The objective of the study is to examine the relationship between the obligation of states to progressively realise and guarantee the right to health, and the IP rules under the TRIPS Agreement. The specific objective is to examine the relationship between the exceptions under the TRIPS Agreement and the obligation to protect health and the identification of a consistent way of achieving a convergence between the implementation and interpretation of the rules of the two regimes in the area of health." -- Chapter 1Mini Dissertation (LLM)--University of Pretoria, 2001.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Bittar, Carla Bianca. "Educação e direitos humanos: uma análise dos relatórios da plataforma DhESCA sobre a educação no Brasil de 2003 a 2009." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2140/tde-02102012-152537/.
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A presente pesquisa possui como objetivo detectar avanços e impasses da educação no País, analisando os principais problemas surgidos na concretização deste direito. Para tanto, busca refletir sobre a efetivação da educação como um direito humano, adotando como ponto de partida o contexto dos direitos humanos em que se encontra inserida, com suas características de indivisibilidade, universalidade e interdependência na garantia da dignidade da pessoa humana. Para a promoção desta reflexão, a metodologia adotada fora a revisão bibliográfica e análise dos relatórios brasileiros sobre educação produzidos pela Plataforma Brasileira de Direitos Humanos Econômicos, Sociais, Culturais e Ambientais (DhESCA) no período de 2003 a 2009. A primeira parte apresenta um apanhado geral sobre as barreiras que impedem a efetivação do direito à educação até os dias atuais, tanto do ponto de vista histórico quanto do ponto de vista jurídico. A segunda parte contextualiza a relação entre educação e direitos humanos, ressaltando-se que por meio do reconhecimento do direito à educação resgatam-se também outros valores, tais como a igualdade, a cidadania e o acesso a outros direitos. A terceira parte traz um apanhado geral do arcabouço legislativo nacional e internacional onde a educação está inscrita, analisando-se a sua concepção e tratamento a partir destes. Destaca-se, também a importância do papel desempenhado pelas organizações não governamentais para a plena efetivação do direito à educação. A parte final faz a análise propriamente dita da educação nos referidos relatórios nacionais, demonstrando-se os fracassos dos governos ao não promover a igualdade material deste direito em conjunto com os demais direitos humanos. Por derradeiro, as considerações finais relacionam as constatações feitas ao longo da pesquisa, retomando as discussões apresentadas na parte inaugural.This research has the objective of detecting which way education is being conducted in the country, analyzing the main problems encountered in implementing this law. Therefore, it seeks to reflect on the effectiveness of education as a human right, taking as its starting point the human rights context in which is inserted, keeping therefore the same characteristics: the indivisibility, universality and interdependence in guarantee of human dignity. To promote this reflection, the methodology was a literature review and analysis of reports on education produced by Brazilian Platform of Human Rights Economic, Social, Cultural and Environmental Rights (DhESCA) in the period 2003 to 2009. The first part presents an overview about the barriers that prevent the realization of the right to education until the present day, both from the standpoint of historical and legal point of view. The second part contextualizes the relationship between education and human rights, emphasizing that by recognizing the right to education is also rescue other values such as equality, citizenship and access to other rights. The third part presents an overview of national and international legislative framework in which education is entered, analyzing its design and treatment from them. Another highlight is the importance of the role played by non-governmental organizations for the full realization of the right to education. The final part is the actual examination of education in these national reports, demonstrating the failures of governments failing to promote equality of the right material together with other human rights. For the last, the final considerations relate the findings made during the research, resuming the discussions presented at the inaugural.
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Gripenholm, Anna. "Varför diaspora ingår i FN:s nya globala utvecklingsmål : En studie om vad diaspora som utvecklingsaktör kan innebära inom utvecklingsarbete." Thesis, Uppsala universitet, Teologiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-265950.
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This paper has concluded that the Diaspora contribute to the development of social, economic and political fields, which also means a high level of poverty reduction. This has been largely possible not least because of developments in computing and telecommunications, but also through the Diaspora's grassroots involvement. By being the only player who can get access to specific locations, and through their local knowledge the Diaspora can easily be seen as legitimate actors and therefore also play a unique role in peace processes. They are also not tied to bureaucratic structures on which they can act with direct effect. For example, they can assist quickly to different kinds of crisis situations, such as environmental disasters. Many governments and organizations are interested in cooperating with the Diaspora, but they also see many challenges with it. Further on, Diaspora can feel that their voices are not always heard. The essay has also reached a conclusion that a balance between the UN's two main conventions International Convention on Economic, Social and Cultural Rights and the Covenant on Civil and Political Rights increasingly may arise. This is thanks to the co-operations between liberal organizations and the Diaspora whose efforts may be in the private markets to create jobs and development, and their contributions in construction of social infrastructure. Other impacts on the organizational level may be towards more complex models of organization and partnerships, where not least the private sector may be included to a greater extent, which also demonstrates the enhanced globalization trends, where the private market is seen to be the answer to the solution of poverty. As regards to States and the role of various actors in these somewhat newer landscapes, they can also be a result from the processes of globalization and shifts in power from the state to the different levels at which non-state actors gets a stronger role. These processes may also have contributed to greater regionalization; forces which this paper found over time may be a competitor to a weak UN (and the EU) and therefore attract the Diaspora who also may find themselves to be better received there.
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Eriksson, Liselotte. "Life after death : The diffusion of Swedish life insurance - Dynamics of financial and social modernization 1830-1950." Doctoral thesis, Umeå universitet, Institutionen för ekonomisk historia, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-47966.
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The aim of this thesis is to understand the diffusion process of Swedish life insurance during the period c. 1830-1950, with the specific aim to understand financial modernization and social mobilization as reflected in the diffusion of life insurance to less well-to-do classes and women. In contrast to British and American experiences, the results of this thesis show that the rural classes played an important role in the diffusion of Swedish life insurance. The thesis shows that demand-side factors such as income and urbanisation cannot fully explain this diffusion of life insurance, and why additionally, non-quantitative factors need to be addressed. It is shown how cultural preferences assist in understanding the development of industrial life insurance in different countries. It is also stressed that women, in their capacity as policyholders, beneficiaries of life policies, as dependents, and their limited property rights, constituted the conditions under which the life insurance industry had to adjust and operate. In sum, female policyholders, cultural representations of women and legal constraints on women, constituted an important subset of the 'rules of the game' for the life insurance industry. Important results of the thesis are that female policyholders constituted a large part of the policyholders in the largest industrial life insurance company already in the early twentieth century. It is furthermore shown that life insurance representatives were members in organizations of the women's movement and that they acted for married women's property rights in parliament. It is also argued that different notions of 'a good death', as reflected in funeral practices, contributed to different developments of private and public insurance in Sweden and the United States. By widening the concept of 'business' and recognizing the cultural and social contexts under which the industry operated, this thesis highlights the interaction between business and social change."Den enskildes risk och det gemensamma åtagandet" Jan Wallanders och Tom Hedelius Stiftelse Tore Browaldhs stiftelse
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Júnior, Dimas Pereira Duarte. "Impacto dos mecanismos da international accountability na justicialização dos direitos humanos econômicos, sociais e culturais no Brasil." Pontifícia Universidade Católica de São Paulo, 2008. http://tede2.pucsp.br/handle/handle/2834.
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Previous issue date: 2008-09-16The study of the issue of accountability has been in evidence on the political agenda worldwide, anchor itself, especially as prerequisite for the construction of representative democracies or successful poliarquies. If within the term of Political Science already acquired privileged status and features quite prepared, the same can not be said with regard to their employment at international level. His introduction in International Relations occurs with the crisis of the nation-state and with the advent of international norms protecting human rights, inserted within the United Nations from 1948 that, during the twentieth century, came to pronounce and recognize a list of rights and subject of law increasingly extensive. The purpose of this study, therefore, is to analyze the impact of mechanisms for monitoring the rights set out in the International Covenant of Economic, Social and Cultural Rights of United Nations, adopted in 1966, in the process of justiciability of these rights in Brazil from 1988, when the new constitution is promulgated saddle the restoration of the democratic system and the institutionalization of human rights and country. Assuming that the international landscape that was created after the Second War, not only recognizes the states as subjects of law is the premise of which is that the systematic part of the international accountability of economic social and cultural rights inserted within United Nations does not have sufficient sanctioning instruments for wanting the international responsibility of the State for non-compliance of obligation under the 1966 pact. However, considering the fact that the viability of the exercise of the rights set out in the pact under consideration is for the State party and not the International Organization that monitors what is shown from the analysis of the Brazilian case, is that the finalization of international accountability can be complemented by internal mechanisms, under its own legal system and constitutional homeland, mainly through the actions of the Federal Public Ministry which has at its disposal various legal instruments provided for both the Federal Constitution of 1988 as the infra-constitutional legislation
O estudo do tema da accountability tem estado em evidência na agenda política mundial, ancorando-se, sobretudo, como pressuposto para a construção de democracias representativas ou poliarquias bem-sucedidas. Se no âmbito da ciência política o termo já adquirira status privilegiado e feições bastante elaboradas, não se pode dizer o mesmo no que concerne ao seu emprego no plano internacional. Sua introdução nas relações internacionais deu-se com a crise do Estado-Nação e com o advento da normativa internacional de proteção dos direitos humanos, preceituada no âmbito da Organização das Nações Unidas (ONU) a partir de 1948, que, ao longo do século XX, passou a proclamar e reconhecer um elenco de direitos e de sujeitos de direito cada vez mais extensos. O objetivo do presente estudo, portanto, é analisar o impacto dos mecanismos de monitoramento dos direitos enunciados no Pacto Internacional de Direitos Econômicos, Sociais e Culturais das Nações Unidas, adotado em 1966, na justicialização dos referidos direitos no Brasil a partir de 1988, quando, promulgada a nova Constituição, selou-se a restauração do regime democrático e a institucionalização dos direitos humanos no país. A premissa da qual se parte é que a sistemática da international accountability dos direitos econômicos, sociais e culturais preceituada no âmbito das Nações Unidas não dispõe de instrumentos sancionatórios suficientes para ensejar a responsabilização internacional do Estado por não-cumprimento de obrigação prevista no Pacto de 1966. No entanto, considerando que a viabilização do exercício dos direitos enunciados no Pacto em estudo compete ao Estado-parte e não à Organização Internacional que o monitora, constata-se, com a análise do caso brasileiro, que a finalização da international accountability pode ser completada por mecanismos internos, previstos no próprio ordenamento jurídico-constitucional pátrio, sobretudo por meio da atuação do Ministério Público Federal que dispõe de instrumentos jurídicos diversos previstos tanto na Constituição Federal de 1988 quanto na legislação infraconstitucional
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Duarte, Júnior Dimas Pereira. "Impacto dos mecanismos da international accountability na justicialização dos direitos humanos econômicos, sociais e culturais no Brasil." Pontifícia Universidade Católica de São Paulo, 2008. https://tede2.pucsp.br/handle/handle/3959.
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Dimas Pereira Duarte Junior.pdf: 1429565 bytes, checksum: ea427fb53ee2706709ec2e68c61f12d8 (MD5)
Previous issue date: 2008-09-16The study of the issue of accountability has been in evidence on the political agenda worldwide, anchor itself, especially as prerequisite for the construction of representative democracies or successful poliarquies. If within the term of Political Science already acquired privileged status and features quite prepared, the same can not be said with regard to their employment at international level. His introduction in International Relations occurs with the crisis of the nation-state and with the advent of international norms protecting human rights, inserted within the United Nations from 1948 that, during the twentieth century, came to pronounce and recognize a list of rights and subject of law increasingly extensive. The purpose of this study, therefore, is to analyze the impact of mechanisms for monitoring the rights set out in the International Covenant of Economic, Social and Cultural Rights of United Nations, adopted in 1966, in the process of justiciability of these rights in Brazil from 1988, when the new constitution is promulgated saddle the restoration of the democratic system and the institutionalization of human rights and country. Assuming that the international landscape that was created after the Second War, not only recognizes the states as subjects of law is the premise of which is that the systematic part of the international accountability of economic social and cultural rights inserted within United Nations does not have sufficient sanctioning instruments for wanting the international responsibility of the State for non-compliance of obligation under the 1966 pact. However, considering the fact that the viability of the exercise of the rights set out in the pact under consideration is for the State party and not the International Organization that monitors what is shown from the analysis of the Brazilian case, is that the finalization of international accountability can be complemented by internal mechanisms, under its own legal system and constitutional homeland, mainly through the actions of the Federal Public Ministry which has at its disposal various legal instruments provided for both the Federal Constitution of 1988 as the infra-constitutional legislation
O estudo do tema da accountability tem estado em evidência na agenda política mundial, ancorando-se, sobretudo, como pressuposto para a construção de democracias representativas ou poliarquias bem-sucedidas. Se no âmbito da ciência política o termo já adquirira status privilegiado e feições bastante elaboradas, não se pode dizer o mesmo no que concerne ao seu emprego no plano internacional. Sua introdução nas relações internacionais deu-se com a crise do Estado-Nação e com o advento da normativa internacional de proteção dos direitos humanos, preceituada no âmbito da Organização das Nações Unidas (ONU) a partir de 1948, que, ao longo do século XX, passou a proclamar e reconhecer um elenco de direitos e de sujeitos de direito cada vez mais extensos. O objetivo do presente estudo, portanto, é analisar o impacto dos mecanismos de monitoramento dos direitos enunciados no Pacto Internacional de Direitos Econômicos, Sociais e Culturais das Nações Unidas, adotado em 1966, na justicialização dos referidos direitos no Brasil a partir de 1988, quando, promulgada a nova Constituição, selou-se a restauração do regime democrático e a institucionalização dos direitos humanos no país. A premissa da qual se parte é que a sistemática da international accountability dos direitos econômicos, sociais e culturais preceituada no âmbito das Nações Unidas não dispõe de instrumentos sancionatórios suficientes para ensejar a responsabilização internacional do Estado por não-cumprimento de obrigação prevista no Pacto de 1966. No entanto, considerando que a viabilização do exercício dos direitos enunciados no Pacto em estudo compete ao Estado-parte e não à Organização Internacional que o monitora, constata-se, com a análise do caso brasileiro, que a finalização da international accountability pode ser completada por mecanismos internos, previstos no próprio ordenamento jurídico-constitucional pátrio, sobretudo por meio da atuação do Ministério Público Federal que dispõe de instrumentos jurídicos diversos previstos tanto na Constituição Federal de 1988 quanto na legislação infraconstitucional
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Putti, Charline. "Les obligations internationales des États en matière de droits économiques, sociaux et culturels : l’édification d’un régime obligataire spécifique aux droits à réalisation progressive." Thesis, Aix-Marseille, 2020. http://theses.univ-amu.fr.lama.univ-amu.fr/200214_PUTTI_762j261xonwce793ri606qm_TH.pdf.
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La formalisation du droit international des droits de l'homme a entériné le postulat voulant que les droits civils et politiques et les droits économiques, sociaux et culturels (DESC) n’appelleraient pas le même type de protection. La consécration des DESC traduit l’acceptation réaliste du fait que le manque de ressources et l'inertie de l'État peut entraver la pleine application des droits économiques, sociaux et culturels, constat dont découle le concept de « réalisation progressive » de ces droits. Cette clause de progressivité, bien que fondée, comporte des expressions et des notions particulièrement imprécises qui rendent son analyse assez complexe. Les obligations en matière de droits économiques, sociaux et culturels demeurent ainsi incomprises et ces droits continuent à être assimilés à des objectifs à long terme ou à de simples aspirations de justice sociale. Ce « concept » de réalisation progressive, pourtant extrêmement important dans l’interprétation des obligations liées aux droits économiques, sociaux et culturels peine à être saisi par les organes de protection dans la mesure où il est susceptible de faire obstacle à la mise en évidence d’obligations immédiatement exigibles. La thèse qui sous-tend ces travaux est celle de la nécessité d’édifier un régime obligataire conforme et propre aux exigences de mise en œuvre des DESC à réalisation progressive. Si la prétendue complexité de la mise en œuvre des DESC peut constituer un motif à l’inaction de l’État, transposée en un régime obligataire spécifique, compréhensible et immédiatement exigible, elle constitue le moyen privilégié pour y faire obstacleThe formalization of International human rights law has endorsed the assumption that civil and political rights and economic, social and cultural rights (ESCRs) do not call for the same type of protection. The consecration of the ESCRs also reflects the realistic acceptance that the lack of resources and the inertia of the state can hinder the full implementation of economic, social and cultural rights, the result of which is the concept of "progressive realization" of these rights. This progressive clause, although well founded, has particularly unclear expressions and notions that make its analysis complex. Obligations in economic, social and cultural rights are thus misunderstood and these rights continue to be equated with long-term goals or with simple social justice aspirations. This "concept" of progressive realization, yet extremely important in the interpretation of obligations related to economic, social and cultural rights, is difficult for the protection bodies to grasp since it is likely to hinder the identification of obligations immediately due. Also, ESC rights obligations were first brought closer to those on civil and political rights in order to establish the legality of so-called "second generation" rights. The thesis underlying this work is that of the need to build a bond regime compliant and specific to the implementation requirements of DESC progressive realization. If the so-called complexity of the implementation of ESC rights can be a reason for the inaction of the State, transposed into a specific, understandable and immediately exigible bonding regime, it is the preferred way to prevent it
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Southard, Nicole. "The Socio-Political and Economic Causes of Natural Disasters." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1720.
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To effectively prevent and mitigate the outbreak of natural disasters is a more pressing issue in the twenty-first century than ever before. The frequency and cost of natural disasters is rising globally, most especially in developing countries where the most severe effects of climate change are felt. However, while climate change is indeed a strong force impacting the severity of contemporary catastrophes, it is not directly responsible for the exorbitant cost of the damage and suffering incurred from natural disasters -- both financially and in terms of human life. Rather, the true root causes of natural disasters lie within the power systems at play in any given society when these regions come into contact with a hazard event. Historic processes of isolation, oppression, and exploitation, combined with contemporary international power systems, interact in complex ways to affect different socioeconomic classes distinctly. The result is to create vulnerability and scarcity among the most defenseless communities. These processes affect a society’s ideological orientation and their cultural norms, empowering some while isolating others. When the resulting dynamic socio-political pressures and root causes come into contact with a natural hazard, a disaster is likely to follow due to the high vulnerability of certain groups and their inability to adapt as conditions change. In this light, the following discussion exposes the anthropogenic roots of natural disasters by conducting a detailed case analysis of natural disasters in Haiti, Ethiopia, and Nepal.
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De, Bruin Louise. "The silent weapon in war and peace : the power of patriarchy." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/37375.
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History has proved that too much power, in any form, is detrimental to the greater good of the society concerned. People at the hands of the power-hungry face discrimination and are often subjected to extreme violence and abuse. Society has undergone several changes and progressions through time, including economic, political and social changes. One thing that has remained unchanged however, is man‟s power over woman. Patriarchal power is present in all sectors and scenarios of society, from the home to the international legal system.
My study focuses on the notion that an abundance of power leads to fear, violence and total disarray at the micro and macro levels of society. I argue that the essential problem in the relationship between man and woman is not a man‟s abuse of power, but rather that he has too much power in the first place. A culture of entitlement breeds among men, enabling them to treat women as inferior, sub-human objects.
Definitions of male and female prove to be concreted into specific roles and gendered identities within the home and the greater society. People fall automatically into these roles, blindly and unquestioningly. It is for this reason that I maintain all members of society ensure the survival of patriarchy – even if they do so unconsciously. While the difference in the understanding of rape and sexual intercourse should be stark, it is blurred because they are defined according to male terms. Man‟s entitlement allows him to think it his right to take sex from a woman, even if she does not offer it willingly. Culture and tradition serve as major obstacles in any possibility of society‟s progression. Culture has proved such an undisputed order in society that it even trumps the international legal system of human rights. Culture justifies, or at least trivialises, the abuse of women. The social stigmatisation of sexual abuse silences women, providing further endorsement for men to continue asserting their power. A woman‟s life, as determined by male hierarchy, gender bias, culture and social stigmas, is therefore fated. It is with this in mind that I strongly question the progression of society into a true form of liberality and equality. In order for society to attain such a transcended state, it will have to disregard everything that it knows and deconstruct everything that has defined it up to that point. Until this is achieved, women will continue to live their lives in fear of the silent weapon in war and peace.Dissertation (MPhil)--University of Pretoria, 2012.
gm2014
Centre for Human Rights
unrestricted
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Nemar, Khadidja. "Le cadre juridique des opérations militaires de stabilisation et de reconstruction : vers un code de conduite des opérations militaires en situation postconflictuelle fondé sur les droits de l’homme ?" Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0690/document.
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Plus de vingt-six ans après la publication de l’Agenda pour la paix par les Nations-unies, les opérations de stabilisation et de reconstruction menées en Afghanistan et en Iraq marquent une plus grande implication des forces armées dans les opérations de consolidation de la paix. De la conduite des hostilités au maintien de l’ordre dans le cadre de la stabilisation, à la fourniture de projets d’assistance et de développement à la population et de reconstruction de l’État, le rôle des armées s’est avéré central. Dans des situations, où l’État souverain connaît une transformation et une reconstruction de ses institutions, les forces intervenantes endossent un double rôle de « belligérant » face à des insurrections contestant la légitimité du nouvel ordre politique établit après les interventions, et de « souverain » prenant en charge les prérogatives souveraines tant sécuritaires que providentielles des États hôtes. À travers une étude des doctrines et pratiques américaine, britannique et française de ces opérations en Afghanistan et en Iraq, cette thèse a pour objet de définir les défis au droit international créé par ce double rôle des armées lors de situations transitionnelles entre guerre et paix. Face au constat d'’incertitude tant opérationnelle que juridique caractérisant ces opérations, la thèse propose de construire un cadre juridique régulant les activités des forces armées sur ces terrains, fondé sur le droit des droits de l’homme comme lex favorabilis. A partir de cette proposition, des lignes de conduite sont déduites pour traduire les obligations juridiques découlant de l’application des droits de l’homme en règles opérationnellesMore than twenty-six years after the United Nations' released the "Agenda for peace", stabilisation and reconstruction efforts in Afghanistan and Iraq have been marked by a greater involvement of armed forces in peace enforcement and peace building operations. From the conduct of hostilities to law enforcement operations to stabilise the country, to the provision of assistance and development to the population as well as State reconstruction, the role of the military became central. In situations where the sovereign state is undergoing a transformation and a reconstruction of its institutions, the intervening forces assume a dual role of “belligerent” in the face of insurrections challenging the legitimacy of the new political order established by the interventions on one hand, and of “sovereign” role taking over the host States' responsibilities in both its security and welfare functions. Based on a study of “post-conflict stabilisation and reconstruction” doctrines as interpreted and implemented by the armies of the United States of America, the United Kingdom and France in Afghanistan and Iraq, this thesis aims to define the challenges to international law created by this dual role of the military in transitional situations between war and peace. Faced with the operational and legal uncertainty characterising these operations, this thesis proposes a human-rights based legal framework to regulate armed forces activities, using human rights law as a lex favorabilis. On the basis of this proposal, guidelines are drawn to translate into operational rules the legal obligations arising from the application of human rights
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Cavalheiro, Ricardo Alves. "Economia criativa e organizações virtuais : modelo para o financiamento de empreendimentos culturais no Brasil." Universidade do Estado de Santa Catarina, 2013. http://tede.udesc.br/handle/handle/93.
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This study aimed to propose a complementary model of fundraising, using the contemporary method called Crowdfunding, in order to enhance the cultural policies and democratize the decision-making process of decision making about the use of public resources Brazilian State, with participation and social control, in harmony with the Brazilian Law. The research strategy used is multicase study, die predominantly qualitative and descriptive, procedural, contextual insight, using the method of historical-interpretive research. Data were collected through documentary research collection in regards to national and international affairs proposed, unstructured interviews with cultural entrepreneurs and by participant observation at conferences, meetings of the national cultural sector, with direct observation and the theoretical and practical pertaining to Cultural Rights, Public Cultural Policies, Creative Economy, Cultural Entrepreneurship, Virtual Organizations and Crowdfunding, in order to subsidize the contextualist analysis provided by the method of Pettigrew (1987). The analysis of the process of change occurring in the emergence of methodologies capture Rouanet and Crowdfunding was made by classifying and grouping the strategic agents, enabling the identification of the following dimensions of change: Brazilian State, Cultural Entrepreneurs, Organizations and Society civil. Based upon the results, it was proposed a platform for cultural funding directed to individuals able to promote the empowerment of civil society, with respect to national leadership in cultural production, particularly in defining the targets of application of public resources as the effectiveness of Brazilian cultural policies
O presente trabalho possui o objetivo de propor um modelo complementar de captação de recursos utilizando o método contemporâneo de financiamento colaborativo denominado Crowdfunding, visando potencializar as políticas públicas culturais bem como democratizar o processo decisório na resolução sobre a aplicação dos recursos públicos do Estado Brasileiro com participação e controle social, em harmonia com a Lei Rouanet. A estratégia de investigação utilizada é de estudo multicasos, de cunho predominantemente qualitativo e descritivo, em uma visão contextual-processual, utilizando-se do método de investigação histórico-interpretativo. Os dados foram coletados por meio de pesquisa documental no acervo nacional e internacional atinente aos assuntos propostos, de entrevistas não estruturadas com empreendedores culturais e pela observação participante em conferências, assembleias e reuniões do setor cultural nacional, além da observação direta e dos fundamentos teóricos e práticos concernentes aos Direitos Culturais, Políticas Públicas Culturais, Economia Criativa, Empreendedorismo Cultural, Organizações Virtuais, e Crowdfunding, no intuito de subsidiar a análise contextualista proporcionada pelo método de Pettigrew (1987). A análise do processo de mudança ocorrida no surgimento das metodologias de captação da Lei Rouanet e do Crowdfunding foi feita por meio da classificação e do agrupamento dos agentes estratégicos, possibilitando a identificação das seguintes dimensões de mudança: Estado, Empreendedores Culturais, Organizações e Sociedade Civil. Embasando-se no resultado disso, propôs-se uma plataforma de financiamento cultural direcionada às pessoas físicas, capaz de promover a emancipação da sociedade civil no que tange à tomada das rédeas da produção cultural nacional, em especial, na definição dos destinos de aplicação, tanto dos recursos públicos quanto da efetivação das políticas culturais brasileira
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Hosseini-Kaladjahi, Hassan. "Iranians in Sweden : economic, cultural and social integration." Doctoral thesis, Stockholms universitet, Sociologiska institutionen, 1997. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-47395.
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This study explores three dimensions in the integration of Iranian immigrants in Sweden: economic, cultural and social. To test the generalisability of the ideas presented, and to place them in a wider framework the integration of Iranians has been compared with those of three other minorities: Chileans, Poles, and Finns. Data used in the statistical analyses have been obtained from the Centre for Research in International Migration and Ethnic relations (CEIFO). Economic integration of an immigrant group in a new society has been defined as its economic equality with the host population. The first part dealing with this aspect of integration compares Iranians with Swedes by three economic indicators: the ratio of unemployment, socio-economic status and income. By all indicators Iranians hold a considerably lower position as compared with Swedes. Both socio-demographic factors related to the Iranians and discrimination exercised by Swedish employers have been found to be relevant to the economic integration of Iranians in Sweden. The comparison of Iranians with the three other minorities, in terms of discrimination, indicates that the discrimination of these minorities corresponds to their cultural distance from Swedes. Iranians, with the remotest culture from Swedes among the four minorities, suffer the highest degree of discrimination. Finns, with the closest culture, suffer the lowest degree of discrimination. And the two other minorities lie between these two groups, respectively. Discrimination manifests itself mainly in a differential size of incomes which derives from the differential distribution of these groups among the least desirable occupations. The second part dealing with cultural integration evaluates the adaptation of Iranian to Swedish culture by two indicators representing cognitive and normative acculturation. This part is especially focused on the proposition that the westernisation process in Iran and differential reactions against this process are relevant in the acculturation of Iranians in Sweden. Two hypotheses formulated on the basis of this proposition- the negative effects of commitment to Iranian culture and radicalism on the acculturation of Iranians in Sweden- have been supported by the indicator of normative acculturation, but not by that of cognitive acculturation. The comparison of the four minorities has demonstrated that generalities, clustering and uniqueness all exist among the factors explaining their acculturation. The generalities and clustering are more striking in cognitive acculturation. Similarities are more evident between Iranians and Chileans. Finally, the last part dealing with social integration concentrates on the association of Iranians with Swedes. Assuming that association of two individuals with each other requires a common language and a minimum degree of intersubjectivity, it has been generally hypothesised that: 1) social integration of minorities in the new society will be a function of their cultural distance from the host population, and 2) all processes contributing to the increasing or decreasing of cultural distance will contribute also to the increasing or decreasing of their social integration. On the basis of these general hypotheses the following concrete hypotheses have been tested. 1) Among the four minorities, Iranians, as culturally remotest from Swedes, will have the least degree of social integration, followed by Chileans, Poles and Finns, respectively. 2) Commitment of Iranians to Iranian culture, as a medium increasing cultural distance, will correlate negatively with their social integration in Sweden. 3) Countercultural elements in Swedish society, as a medium of cultural-distance reduction, will contribute to the social integration of immigrants in this society. All hypotheses have been supported by the existing data.
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Bindman, Eleanor Frances. "Economic and social rights within EU-Russia relations : a missed opportunity?" Thesis, University of Glasgow, 2013. http://theses.gla.ac.uk/4702/.
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In recent years the EU’s strategy towards promoting human rights in Russia has been the focus of considerable internal and external attention, much of it critical. Despite longstanding programmes for funding human rights projects in Russia and the launch of biannual EU-Russia human rights consultations in 2005, the subject of human rights remains contentious within EU-Russia relations. One striking aspect of the EU’s policy towards Russia is its focus on issues such as prison reform, freedom of speech and prevention of torture which can broadly be characterized as civil and political rights issues. The purpose of this thesis is to explore an area of human rights theory and practice which tends to receive far less attention, namely economic and social rights issues such as the right to housing, health, access to social security and workers’ rights. Utilising data gathered from interviews with EU and Member State officials and Russian NGOs and a discourse analysis of EU policy documents on human rights, the thesis examines how EU institutions, Member States and Russian civil society actors conceptualise the meaning and significance of economic and social rights in both a general and specifically Russian context. The study situates these understandings of economic and social rights and the State’s role in guaranteeing them in Russia in the historical context of the Soviet legacy of emphasizing such rights over civil and political rights. It also highlights enduring public expectations of what the State should provide and the policy of the various presidential administrations since 2005 of reasserting the State’s role in relation to the apparent realisation of economic and social rights through social service provision. It explores the differing approaches taken by human rights and more socially-oriented NGOs to engagement with various State structures and State-affiliated structures such as the regional human rights ombudsmen, and the privileged position Russian human rights NGOs appear to enjoy in terms of their relationship with the EU. The thesis argues that the EU’s closeness to this very specific type of civil society organisation and its apparent lack of internal and external consensus on the importance of economic and social rights issues hinders its ability to raise issues relating to these rights in its interactions with Russia. At the same time, the fact that economic and social rights continue to enjoy a relatively high degree of visibility and importance in Russia make cooperation on economic and social rights issues an area where more fruitful engagement on human rights could take place between the EU and Russia.
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Smyth, Claire-Michelle. "Ireland, the ECHR and the justiciability of social and economic rights." Thesis, Queen's University Belfast, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.696321.
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As debates in relation to the status of social and economic rights move to considerations of whether justiciability is the appropriate means for their adequate protection, a trend towards constitutionalisation is emerging in international, regional and domestic systems. Ireland, remaining relatively insulated from this evolution has steadfastly refused to constitutionalise social and economic rights, despite having ample opportunity to do so. Generally, international law is inapplicable in Irish courts and therefore has little impact on the furtherance of human rights within the domestic judicial system. The European Convention on Human Rights, having been transposed into national law, is uniquely placed to influence the development and protection of fundamental rights. From its earliest cases the European Court of Human Rights refused to definitely exclude social and economic rights, confirming the interdependence and indivisibility of all fundamental rights. It has continued to expansively interpret the textual rights of the Convention as including within its ambit, social and economic rights; an approach entirely at odds with the Irish interpretation of similar rights contained with the Constitution. The European Convention on Human Rights Act 2003 places a positive obligation on the court to interpret law in so far as is possible in a manner compatible with the Convention. This thesis determines whether the obligations placed on the courts by way of the European Convention on Human Rights Act 2003 could potentially result in the indirect constitutionalisation of social and economic rights in Ireland.