Tesi: "Rights of the biological father"

1

Young, Julius A. Jr. "Charles Hamilton Houston as the father of the Civil Rights Movement". DigitalCommons@Robert W. Woodruff Library, Atlanta University Center, 2013. http://digitalcommons.auctr.edu/dissertations/751.

Testo completo

Abstract (sommario):

This study explores the idea of who was the first to foster a national movement to weaken Jim Crow laws. This study was based on the premise that Martin Luther King, Jr. was an important figure, but not the actual father of a movement to grant blacks equal rights, as many suggest. A case study analysis approach was used to analyze data gathered including primary sources, personal letters from Charles Hamilton Houston to his parents and friends, as well as court documents related to cases he argued in federal and state courts. In addition newspaper/magazine articles from Houston's time, articles focusing on him after his death, and sociological studies from that time were also utilized. The research found that Charles Hamilton Houston was the first black lawyer to challenge "separate but equal" with national success. Houston used empirical and scientific data of that time to show the facilities were not. The conclusion drawn from the findings suggests that the legal victories Houston achieved provided all Americans with a basis from which to challenge segregation and unequal treatment under the law in America.

Gli stili APA, Harvard, Vancouver, ISO e altri

2

Ives, Jonathan. "Becoming a father/refusing fatherhood : how paternal responsibilities and rights are generated". Thesis, University of Birmingham, 2007. http://etheses.bham.ac.uk//id/eprint/254/.

Testo completo

Abstract (sommario):

In this thesis I explore, both philosophically and empirically, the moral significance of genetic relatedness within the father/child relationship. In doing so I utilise a novel ‘empirical bioethics’ approach, in which I use specifically gathered qualitative data to inform the philosophical debate. I present qualitative data, gathered over 12 focus groups, which explores men’s normative constructions of fatherhood. The data suggests that fatherhood is essentially a social relationship, constructed within a narrative of responsibility, and that there is a distinction between being a ‘father’ and being a ‘progenitor, both of which give rise to different kinds of responsibilities and rights. I go on to construct a normative framework of paternal rights and responsibilities, which is informed by the qualitative data. I make a distinction between ‘material’ and ‘paternal’ responsibility, and in doing so I argue that a man can cause a child to exist, and be fiscally responsible for a child, without being a father. I argue that a man becomes a father (in a valuable sense), and earns paternal rights, when he accepts paternal responsibility and forms a paternal relationship with a child.

Gli stili APA, Harvard, Vancouver, ISO e altri

3

Dalzell, Ann. "'It just hasn't happened yet': stories of not being a biological father". Thesis, University of Bristol, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.658209.

Testo completo

Abstract (sommario):

The lived experiences of men who are childless and want to be biological parents are rarely heard. This in-depth narrative study focuses on the stories of five men who want to be biological fathers but who do not have children for reasons other than male infertility. The aim of this research is to explore and understand how each man navigates not being a biological father within the contours of pronatalist constructs which, politically, culturally and socially, support prevailing assumptions regarding men who are not fathers. In recogmtlOn of the differently patterned and multi-layered configurations of the relationships these men have with being childless - and in order to remain close to the detailed stories of each man - this research is carried out within a narrative inquiry, anchored in postmodern/poststructural, feminist, thinking, interwoven with critical reflexive and visual inquiry practices. To acknowledge the liminal spaces between expectations of fatherhood and lived experiences of being childless, and to embrace multiple responses to these narratives, this research is presented in the physical form of a literary triptych. The creation of the three books making up the thesis - 'stories of 'expert' knowledges', 'stories of not being a biological father' and 'stories of multiple meanings' - dissipates possible assumptions that one set of stories has authority over others. The triptych is accompanied by an introductory set of 'gallery notes'. Through our unstructured research conversations, this group of men generate rich stories of pronatalist pressures, opportunities to parent, making choices, looking for the 'right' woman, outsiderness, the impact of a 'moral panic' around men and children, fantasies of fatherhood and fathering, as well as revising individual assumptions that becoming a father was inevitable. These stories are told within the context of relationships, race, history, shifting identities and engagements with heteronormative expectations. This research has implications for individuals in relationships with men who are not fathers and those in professional roles within, for example, healthcare, counselling, education, social policy making and reproductive sociology. The narratives arising out of this research encourage a (re)view of personal/institutional/professional assumptions about childless men who want to become fathers.

Gli stili APA, Harvard, Vancouver, ISO e altri

4

Williams, George Russell. "The associations between biological father involvement (quantity and quality) and family support with adult child well-being". Diss., Kansas State University, 2016. http://hdl.handle.net/2097/32866.

Testo completo

Abstract (sommario):

Doctor of Philosophy
School of Family Studies and Human Services
Walter R. Schumm
The purpose of this dissertation was to investigate factors related to quantity and quality of biological father involvement in non-intact families and family support and their association with young adult child outcomes. The independent variables examined were the biological father's number of years living with his child, early, middle and late developmental periods present, number of transitions, and relationship quality with the young adult child during childhood. The dependent variables were related to sexual health and five distinct domains that have emerged from the research literature: 1) education, 2) economic, 3) physical, 4) social, and 5) emotional. This dissertation drew on a subsample of the 2,988 respondents of the New Family Structures Study (NFSS). Biological fathers were examined from non-intact families (n = 1793) of which 1,080, lived with their child for at least part of a year. The Father Adult-child Involvement Relationship Outcomes (FAIRO) Model was developed with current literature and theory to form quantity and quality father involvement hypotheses and test those using mean comparisons, bivariate, and multivariate analyses. This study detected weak to moderate positively statistically significant associations between the quantity and quality of the biological father involvement in the non-intact families and young adult child outcomes. The results seemed to indicate the importance of the role of the father; even in a non-intact family where the father spends time apart from his children, he is still able to influence the outcomes of his children. The findings pointed to the need for further research into fatherhood transitions, early involvement, and the salient influence of family support. This research takes a small step in examining quantity and quality father involvement associations on young adult outcomes to make an incremental contribution to the research, theory, and practice of father involvement that may benefit the future well-being of children.

Gli stili APA, Harvard, Vancouver, ISO e altri

5

Herrell, Bradley. "Perceptions of Student Experiences in Secondary Education Without the Presence of a Biological Father". Digital Commons @ East Tennessee State University, 2020. https://dc.etsu.edu/etd/3736.

Testo completo

Abstract (sommario):

This qualitative study examined the perceived impact of absent fathers on students’ emotional, social, and academic constraints. Many factors can contribute to the loss of a father; so, for the purpose of this research, the researcher examined the impact of the absent father through incarceration and divorce. The research may enable educators to identify the challenges, celebrate victories, and explore what it the phenomenon of an adolescent without the presence of your biological father in our community, from the perspective of the educators. Information gathered through the administration of educator perception interviews was utilized to identify how an absent father manifests in our secondary students. The educators answered the questions based solely on their perceptions of students without a father they have encountered throughout their careers. The analysis of the data collected for the study allowed the researcher to develop an understanding of the social, emotional, and academic effects of father absence. The data collected could be utilized to teach educators how to recognize and react to the perceived implications of an absent father on a secondary student. The educators perceived that these students without a father are consistently searching for a father-figure to fill the void left by the absent father. The participants tended to perceive that this lack of a family structure can also lead to disciplinary, relational, academic, emotional, and communication struggles for these students. The perception of poverty and sadness or emptiness often exists, leading to low confidence, low motivation, and a lack of accountability. The perception of the educators was that the lack of security led to overall concern for responsibility and work ethic. The lack of structure outside the school can contribute to questioning authority or being disrespectful. The lack of discipline at home is perceived to equate to a poor work ethic, low amounts of responsibility, and a low quality of work. These students sometimes have a low self-esteem, thus low expectations and little attention to detail. It may not be the priority of the student to complete all work and therefore they become apathetic with low confidence and expectations for academic success.

Gli stili APA, Harvard, Vancouver, ISO e altri

6

Kock, Martine Sue. "An explorative study of the experiences of partners and adolescent children when the biological father is incarcerated". University of the Western Cape, 2015. http://hdl.handle.net/11394/4720.

Testo completo

Abstract (sommario):

Magister Artium (Social Work) - MA(SW)
Fatherhood is a role that is understood and exercised differently, but to most it infers a responsibility to provide and protect. Fatherhood is associated with manhood, in the sense that a man is expected to take on the role of fatherhood. The relationship between manhood and fatherhood is: the physical act of begetting a child (manhood) and the processes of accepting, as well as, performing, the role of a father (fatherhood). A paternal identity, or a man’s identity as a father, comprises of all the internalized expectations of behaviour that he has associated with being a father (e.g. being a breadwinner, being a caregiver). In the Western world, it is widely accepted that a man becomes a father when he impregnates a woman; however, masculinity is neither biologically determined nor automatic. There are many different, culturally sanctioned ways, of being a man; not only one universal masculinity. It can therefore be presumed that masculinity/fatherhood/manhood is acted or performed. This study focuses on biological fathers, instead of the broader concept of father figures. Any male can fulfil the role of a father figure to a child and take responsibility for rearing a child, but biological fathers indicate a blood relationship and a biological connection. A paternal father also retains his status as a biological parent of a child, regardless of the level of subsequent contact or involvement in the child’s life. The aim of this study is to explore the experiences of the partners and adolescent children, when biological fathers are incarcerated. In order to do this, an assessment of the biological father’s experiences, in prison, is first implemented. Paternal incarceration places a strain on families, especially children, who experience parent-child separation. The unexpected separation of a child from the parent can be linked to various emotional consequences. Incarceration limits fathers ‘familial involvement and parenting capacity’, thereby compromising family relationships. Incarcerated fathers are separated from their partners and children, which limits family contact in many ways, weakening familial bonds, not only while time is being served, but also after release. The incarcerated man also experiences a sense of insignificance, being devalued as a person and powerless.A qualitative research approach was used to explore the objectives of the study. Purposive sampling was used to select twenty incarcerated participants for this research. Due to the strict selection criteria, only fourteen (14) were eventually chosen to participate in the study. Their fourteen (14) spouses/partners and biological adolescents were also expected to participate, however, only four (4) partners, one (1) significant carer and 5 adolescents formed part of the sample for this study, due to some partners not wanting to expose their adolescents, nor their personal details, to scrutiny and others simply not being interested to participate. Data was collected by using semi-structured interviews with face-to-face interaction, open-ended questions (with fathers) and focus discussion groups (with the partners, significant carer and adolescents). Although the theoretical framework focuses on Attachment Theory, the study also considers other principles of criminological theories, regarding the identified increase in child disruptive and criminal behaviour, caused by parental incarceration. A thematic data analysis approach was used to extract themes. The main findings of this study show that the fathers experienced difficulties with maintaining their role as a father prior to, and after, incarceration. They were concerned about the financial adversity their families had to endure when they were imprisoned and the mothers/partners being forced into single parenthood. They also felt excluded from all decision-making processes and isolated from the development of their children. The partners experienced financial difficulties, loneliness and humiliation, as a result of the biological father’s incarceration. The significant carer, who was involved as a result of the biological mother not being able to fulfill the caring role, identified the problems experienced as financial difficulties, lack of child-care support and, in some cases, the substance abuse of the biological mother. The separation affected the adolescent children psychologically, when they were exposed to the stigma attached to having a father, who was incarcerated. They also identified feelings of abandonment because of the lack of a father-child relationship and being deprived of opportunities to share important events and personal achievements with their biological father.

Gli stili APA, Harvard, Vancouver, ISO e altri

7

Scheepers, Chanéll. "The general responsibilities and rights of an unmarried father in terms of the Children’s Act 38 of 2005 / Chanéll Scheepers". Thesis, North-West University, 2011. http://hdl.handle.net/10394/8423.

Testo completo

Abstract (sommario):

This thesis explores the impact of the new Children’s Act, Act 38 of 2005 on the acquisition by unmarried fathers of parental responsibilities and rights. The research has shown that the Children’s Act has fundamentally transformed the way in which parental responsibilities and rights are acquired. Parental responsibilities and rights can now be automatically acquired by a committed unmarried father. Although the Act has undergone major changes, unmarried fathers must still satisfy many more requirements than mothers, and thus it is asserted that the Act is deemed not to have been progressive enough. Granting full parental responsibilities and rights to both parents, based on their biological link to the child, would meet the constitutional demands of sex and gender equality. This would also place the focus on the child, and the best interests of the child. The importance in securing these best interests that the presence of both parents has in the life of the child is emphasised.
Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2011

Gli stili APA, Harvard, Vancouver, ISO e altri

8

Brent, Eric Von Sr. "Fatherless Households: Factors Contributing to the Academic Outcomes of High School Male Students". Diss., Virginia Tech, 2017. http://hdl.handle.net/10919/85051.

Testo completo

Abstract (sommario):

High school males from fatherless households are less likely to receive the needed support to succeed in school than their peers from two parent households (Astone and McLanahan, 1991). Research indicated that the biological father's influence will sway the male child's overall development (Jones, 2004). This qualitative study explores the connections between fatherless households and school achievement among high school males. Its purpose is to enlighten school leadership about strategies for assisting high school males from fatherless households with obstacles that may affect their school performance. The grounded theory study includes findings from one-on-one interviews of seven adult males from fatherless households, ages 28 and older, with varying careers, education, and marital status backgrounds who currently work or previously worked in some capacity with high school males from fatherless households. During the interview, common words, responses, shared experiences, and patterns emerged that identified factors that contribute to the academic outcomes of high school male students. Findings include the following: 1) Relationships with the biological father, biological mother, as well as the relationship between the father and mother, have a positive or negative emotional effect on high school males; 2) High school experiences and factors, such as academics, attendance, discipline, and various obstacles were impacted by fatherless households; 3) The influences of biological and other adult males are critical to the academic success of high school males from fatherless households; 4) There are positive and negative factors that affect high school males from fatherless households; and 5) Various roles, strategies, and programs contribute to the academic success of high school males from fatherless households. In addition to these findings, this study identifies further research needed for educators to explore other facets of high school males from fatherless households and school performance.
Ed. D.
This research study explores the connections between fatherless households and school achievement among high school males. Its purpose is to enlighten school leadership, parents, and community about strategies for assisting high school males from fatherless households with obstacles that may affect their school performance. The study includes findings from one-on-one interviews of seven adult males from fatherless households, ages 28 and older, with varying careers, education, and marital status backgrounds who currently work or previously worked in some capacity with high school males from fatherless households. During the interview, common words, responses, shared experiences, and patterns emerged that identified factors that contribute to the academic outcomes of high school male students. Findings include the following: 1) Relationships with the biological father, biological mother, as well as the relationship between the father and mother, have a positive or negative emotional effect on high school males; 2) High school experiences and factors, such as academics, attendance, discipline, and various obstacles were impacted by fatherless households; 3) The influences of biological and other adult males are critical to the academic success of high school males from fatherless households; 4) There are positive and negative factors that affect the high school males from fatherless households; and 5) Various roles, strategies, and programs will contribute to the academic success of high school males from fatherless households. In addition to the findings, this study identifies further research needed to explore other facets of high school males from fatherless households and school performance.

Gli stili APA, Harvard, Vancouver, ISO e altri

9

Smith, Samantha. "Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15196.

Testo completo

Abstract (sommario):

The terrain of family law is increasingly complex and diverse and is constantly adapting to the changing social, cultural, political and economic landscape in which it is located. It is thus open to much development, particularly in the area of parenthood. In its simplest form, parenthood results when two consenting adults, knowingly and willingly, engage in sexual intercourse to conceive a child. The allocation of parental rights and responsibilities is therefore simplified on the basis that both parties consented to becoming parents. However, the assignment of legal parenthood is not always as clear-cut. Over the past three decades, the courts in the United States, in particular, have been tasked with adjudicating cases in which a biological father has refused to furnish child maintenance on the grounds that he was sexually forced into parenthood. These claims have highlighted the tension between biological fatherhood and legal parenthood, and have thus created a legal, ethical and practical quagmire in family law. Therefore this dissertation will explore the instances in which paternity is deceitfully imposed, the plethora of legal problems that arise and the possible legal routes open to involuntary fathers to avoid paying child support.

Gli stili APA, Harvard, Vancouver, ISO e altri

10

Björkman, Barbro. "Ethical aspects of owning human biological material". Licentiate thesis, KTH, Philosophy and History of Technology, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-610.

Testo completo

Gli stili APA, Harvard, Vancouver, ISO e altri

11

Björkman, Barbro. "Virtue Ethics, Bioethics, and the Ownership of Biological Material". Doctoral thesis, KTH, Filosofi, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-4814.

Testo completo

Abstract (sommario):

The overall aim of this thesis is to show how some ideas in Aristotle’s Nicomachean Ethics can be interpreted and used as a productive way to approach a number of pressing issues in bioethics. Articles I-II introduce, and endorse, a social constructivist perspective on rights (as opposed to the more traditional natural rights idea). It is investigated if the existence of property-like rights to biological material would include the moral right to commodification and even commercialisation. Articles III-V discuss similar questions and more specifically champion the application of an Aristotelian virtue ethics perspective. The articles are preceded by an introductory essay on some of the central themes in the Nicomachean Ethics. This section also includes a very brief account of what the connection between virtue ethics and a theory of social construction, including rights, could look like. The thesis seeks to show that if read somewhat creatively many of the ideas in the Nicomachean Ethics make for a highly useful approach to modern moral problems. It should be noted, however, that this thesis in no way claims to be an exegetic, or a complete, study of the Nicomachean Ethics. Article I deals with ownership of biological material from a philosophical, as opposed to a legal, perspective. It is argued that a strand in liberal political theory that treats property relations as socially constructed bundles of rights, as developed by e.g. Felix Cohen and Tony Honoré, is well suited for discussions on ownership of biological material. Article II investigates which differences in biological material might motivate differences in treatment and ownership rights. The article draws on the social constructivist theory of ownership which was developed in Article I. Article III employs virtue ethics to explain why it is morally permissible to donate but not to sell organs such as kidneys. It is suggested that the former action will bring the agent closer to a state of human flourishing. Article IV argues that virtues like philia, justice, beneficence and generosity — traditionally all seen as other-regarding — contain strong self-regarding aspects. The central claim is that these self-regarding aspects of the other-regarding virtues are necessary components of complete virtue and thus that the fully virtuous agent has to act virtuously both in her dealings with herself and others. Article V applies the ideas that were developed in Article IV to the case of living organ donations to next of kin. It is proposed that such an act, although noble and fine, is supererogatory, rather than obligatory, as the donor is morally entitled to be partial to herself. This argument is made against the backdrop of a discussion on some Aristotelian ideas on philia and partiality.
QC 20100709

Gli stili APA, Harvard, Vancouver, ISO e altri

12

Adams, Delecia Leigh. "The challenges that unmarried fathers face in respect of the right to contact and care of their children: can amendments to the current law make enforcement of these rights more practical?" University of the Western Cape, 2016. http://hdl.handle.net/11394/5348.

Testo completo

Gli stili APA, Harvard, Vancouver, ISO e altri

13

Antons, Christoph. "Traditional Knowledge, Biological Resources and Intellectual Property Rights in Asia: The Example of the Philippines". Graduate School of International Development, Nagoya University, 2007. http://hdl.handle.net/2237/7487.

Testo completo

Gli stili APA, Harvard, Vancouver, ISO e altri

14

Hahlin, Sanna. ""This is my father and he's a woman" : En undersökning av framställningar av transpersoner i tv-serierna Orange Is the New Black och Transparent". Thesis, Umeå universitet, Institutionen för kultur- och medievetenskaper, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-134684.

Testo completo

Abstract (sommario):

The purpose of this essay is to examine how transgender people are represented in modern day popular fiction. To do this, I have analyzed two tv-programmes, Orange Is the New Black and Transparent. To do this, I have used thematic analysis as well as analyzed the images produced within the programs. The theories that I base my analysis on is largely based on the theories of representation as coined by Stuart Hall as well as queer theory and Judith Butler’s take on gender. I find that they share many common themes such as the process of “coming out” and a clear focus on what transgender peoples’ bodies look like and how they interact with gender. It is mainly trans women who are the subject of fictional movies and tv-programmes and this is perhaps because they are believed to be more approachable and hu-morous than other transgender people. The key to representation is variation and overlook-ing the fact that trans women are somewhat overrepresented, Orange Is the New Black and Transparent portray transgender people in a realistic and intersectional fashion.

Gli stili APA, Harvard, Vancouver, ISO e altri

15

Jackson, Tracey. "Applying the Multiple Constituents’ Model and Social Justice Variables to Determine the Constituents’ Perception of the Virginia Putative Father Registry". VCU Scholars Compass, 2013. http://scholarscompass.vcu.edu/etd/2974.

Testo completo

Abstract (sommario):

A putative father registry represents a legal option for unmarried males who wish to secure legal notice regarding an adoption proceeding for a child they may have fathered. Putative father registries must balance the interests of the putative father against those of the child, the birth mother, and the adoptive parents. This study utilized a framework adapted from the Multiple Constituency Model and used social justice, as indicated by distributive justice and procedural justice, to determine the perceptions among primary constituency groups of the Virginia Putative Father Registry. This research utilized a mixed-methods approach to analyze qualitative data from focus groups in combination with quantitative results from an online survey. The results of the qualitative analysis revealed eight principal findings: First, nearly all putative fathers were unaware of the existence of putative father registry in general, or the Virginia Putative Father Registry in particular. Second, putative fathers were unaware that sex is legal notice in Virginia. Third, once aware of the concept of a putative father registry, the focus group males had positive opinions about putative father registries and the Virginia Putative Father Registry. Fourth, putative fathers preferred to receive notice through the mail regarding an alleged child. Fifth, putative fathers have a negative opinion of providing notice by posting it in newspapers. Sixth, promoting awareness of putative father registries needs to target male audiences and preferably have an interactive component. Seventh, putative fathers expressed strong positive feelings about knowing about a child they may have fathered being placed for adoption. Finally, single male participants in the focus groups were more convinced about the importance of a putative father registry in comparison to married male participants. Quantitative survey data indicated that putative fathers were perceived as the primary constituent group that would benefit the most from a putative father registry. The safeguard variable was significant as it relates to occupation, putative fathers and birth mothers. The study also found that survey respondents indicated that the general public was not aware of putative father registries, and this perception was borne out in focus group results.

Gli stili APA, Harvard, Vancouver, ISO e altri

16

Reimerson, Elsa. "Nature, culture, rights : exploring space for indigenous agency in protected area discourses". Doctoral thesis, Umeå universitet, Statsvetenskapliga institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-110737.

Testo completo

Abstract (sommario):

There is considerable geographical overlap between areas set aside for nature conservation or protection and Indigenous peoples’ lands, and the social, economic, and political consequences of protected areas have often been extensive for Indigenous peoples. Discourses of conservation converge with discourses of Indigenous peoples, and both carry a legacy of colonial constructs and relationships. With these overlaps as a point of departure, the purpose of this thesis is to explore how the discourses that govern nature conservation and protected areas shape the conditions for Indigenous peoples’ influence and participation in the governance and management of protected areas on their lands. I pursue this aim by analyzing, and critically examining the consequences of, the construction of Indigenous subject positions and conditions for agency in discourses of nature conservation and protected areas. The empirical focus of the thesis lies with international discourses of protected areas and Indigenous peoples and on local and national discourses articulated in relation to two cases of protected areas in Sápmi. My analytical framework builds on postcolonial theory and discourse theory. I use space for agency as a concept to describe and analyze the effects of the discursive positionings and constructions that shape the ability or capacity of individuals or group to act or to be perceived as legitimate actors. My results show twomain articulations of Indigenous subject positions in protected area discourses, which enable and restrain the space for Indigenous agency in different ways. One articulation connects Indigenous peoples to conservation through the concept of traditional knowledge, thereby positioning Indigenous subjects mainly as holders of traditional knowledge and justifying Indigenous influence by its potential contribution to conservation objectives. The other articulation focuses on the rights pertaining to Indigenous peoples as peoples, including land rights and the right to selfdetermination. These articulations are not necessarily mutually exclusive, but they have potentially different consequences and indicate discursive tensions that can affect the space for Indigenous agency in relation to protected areas. Moreover, my results demonstrate the hegemony of discourses that takes conservation through area protection for granted and subordinates Indigenous land use to conservation objectives, structure Indigenous agency as “participation” in specific types of arrangement, and articulate Indigenous rights in relation to hegemonic constructions of sovereignty, self-determination, and rights. These hegemonic formations silence articulations that would challenge the authority of colonizing societies over Indigenous territories, suppress radical critique of the fundamental nature of arrangements for protected area governance and management, and subdue alternatives to discourses of contemporary liberal democracy and individual property rights.

Gli stili APA, Harvard, Vancouver, ISO e altri

17

Schedin, Henrik. "Waiting for the state : Sociopolitical identities of persons with hemophilia in Nepal". Thesis, Uppsala universitet, Kulturantropologiska avdelningen, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-175718.

Testo completo

Abstract (sommario):

A biological citizenship can be important to gain human rights. This is evident for the disability movement in Nepal, which recently have gained a lot of ground in their struggle for their rights. The NGO Nepal Hemophilia Society (NHS) is a part of this movement and has also profited from this progress. However hemophilia is disease that mostly transmitted to males, which means that the female members of NHS is not affected medically by the disease but socially to a high degree. This thesis aims to explore how the female members handle this situation and find an agency in their vulnerable position.

Gli stili APA, Harvard, Vancouver, ISO e altri

18

Ebersohn, Suzette. "Die verhouding van die vader in 'n hersaamgestelde gesin met sy nie-inwonende kind". Diss., Pretoria : [s.n.], 2006. http://upetd.up.ac.za/thesis/available/etd-10022007-100056/.

Testo completo

Gli stili APA, Harvard, Vancouver, ISO e altri

19

Dutra, Paula Hebling. "Institution Interaction and Regime Purpose - Considerations Based on TRIPS/CBD". Ohio University / OhioLINK, 2007. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1180729582.

Testo completo

Gli stili APA, Harvard, Vancouver, ISO e altri

20

Sutherland, Johanna, e mhsjaireth@netspeed com au. "Power and the Global Governance of Plant Genetic Resources". The Australian National University. Research School of Pacific and Asian Studies, Department of International Relations, 2000. http://thesis.anu.edu.au./public/adt-ANU20091228.092344.

Testo completo

Abstract (sommario):

This thesis explores the location and nature of the power that is deepening and broadening the revolution in modern biotechnologies, and which is inherent in the global governance of one type of genetic resource plant genetic resources. Plant genetic resources are of increasing importance within the global political economy and ecology because of the power/knowledge networks contributing to, and responding to developments in the biotechnology sector, and concerned with the rampant erosion of biological diversity. The thesis argues that transnational norms, values and knowledge are important aspects of power. Discursive power, and particularly the power inherent in discourses of sustainable development, security and human rights, are a central focus of the thesis. The thesis challenges realist, neo-realist and other structural analyses of power which focus on relative distributions of power at the level of individual states or at the global level.

Gli stili APA, Harvard, Vancouver, ISO e altri

21

Costa, Ana Paula Correia de Albuquerque da. "Direitos humanos e vida extrauterina: risco versus responsabilidade na manipulação de matéria biológica humana nos tratamentos de reprodução medicamente assistida". Universidade Federal da Paraíba, 2016. http://tede.biblioteca.ufpb.br:8080/handle/tede/9644.

Testo completo

Abstract (sommario):

Submitted by ANA KARLA PEREIRA RODRIGUES (anakarla_@hotmail.com) on 2017-09-29T14:37:32Z No. of bitstreams: 1 arquivototal.pdf: 2749902 bytes, checksum: 6ca49a6498aa9a2e01ec8e299990ea2d (MD5)
Made available in DSpace on 2017-09-29T14:37:32Z (GMT). No. of bitstreams: 1 arquivototal.pdf: 2749902 bytes, checksum: 6ca49a6498aa9a2e01ec8e299990ea2d (MD5) Previous issue date: 2016-07-18
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES
Improvements in science and reproductive technology reached levels never before imagined. With real possibilities of genetic manipulation, extrauterine pregnancy and consequent economic fallout attached to them, It must be questioned the risks involved in procedures which emerged once just to help people achieve family planning. Moreover, these technologies have brought to the world elements whose concepts originally known by the law apparently presented as insufficient to cover, which are the gametes and embryos in vitro, still in need of specific regulation in Brazil. From the reality that is announced, the present thesis proposed to solve the following problem: in the absence of law about in Brazil, how to deal with ethical, legal, economic and social impact on the assisted human reproduction techniques, more specifically with regard to the use of gametes and embryos? How conceptualize them and what their Staff Regulations to be followed? In order to make a critical analysis of AHR procedures from the Resolution No. 2,121 / 2015 of the Federal Medical Council in the light of the principles of civil and constitutional law. To do so, it followed the deductive method of approach, starting from a set of ideas and rules relating to civil law institutes to analyze specific aspects of the legal protection of AHR techniques, production of gametes and embryos, concluding following a decreasing order of reasoning. In what regards the methods of procedure, reconciled to the historical method, in view of the concept of the evolution of the study and methods of AHR and legal standards, particularly of civil law, relevant affiliation and family entities; the interpretative method, from the deepening of doctrinal interpretation of the concepts mentioned above associated with the rules of public and private law applicable to the species, and the comparative method, through analysis of the rules applicable to foreign law. In the end, we came to the conclusion as to the most appropriate legal status to gametes and embryos, and established guidelines for proper protection, based on an ethic of responsibility.
Os avanços da ciência e da tecnologia reprodutiva chegaram a patamares nunca antes imaginados. Com possibilidades reais de manipulação genética, gestação extrauterina e consequentes consequências econômicas que lhes são inerentes, há de se questionar os riscos envolvidos em procedimentos que surgiram outrora tão somente para auxiliar pessoas a realizarem o planejamento familiar. Além disto, estas tecnologias trouxeram ao mundo elementos cujos conceitos originariamente conhecidos pelo direito se apresentaram aparentemente como insuficientes para abarcar, que são os gametas e embriões in vitro, ainda carentes de normatização específica no Brasil. A partir da realidade que se anuncia, a presente tese tem o objetivo de resolver o seguinte problema: diante da ausência de lei a respeito no Brasil, como lidar com as repercussões éticas, jurídicas, econômicas e sociais acerca das técnicas de reprodução humana assistida, mais especificamente no que diz respeito ao uso de gametas e embriões humanos? Como conceitua-los e qual o respectivo estatuto a ser seguido? Pretendeu-se fazer uma análise crítica dos procedimentos de RHA a partir da Resolução nº 2.121/2015 do Conselho Federal de Medicina, sob a luz dos princípios de direito civil-constitucional. Para tanto, seguiu-se o método de abordagem dedutivo, partindo de um conjunto de ideias e normas relativas a institutos de direito civil para a análise de aspectos específicos relativos a tutela jurídica das técnicas de RHA, produção de gametas e embriões, chegando à conclusão seguindo uma ordem de raciocínio decrescente. No que diz respeito aos métodos de procedimento, conciliou-se o método histórico, em face do estudo da evolução do conceito e métodos de RHA e das normas jurídicas, notadamente de direito civil, pertinentes filiação e entidades familiares; o método interpretativo, a partir do aprofundamento da interpretação doutrinária dos conceitos citados anteriormente, associada às normas de direito público e privado aplicáveis à espécie, e o método comparativo, por meio de análise das normas aplicáveis na legislação estrangeira. Ao final, chegou-se à conclusão quanto a condição jurídica mais adequada aos gametas e embriões humanos, sendo estabelecidas diretrizes para uma tutela adequada, pautada em uma ética de responsabilidade.

Gli stili APA, Harvard, Vancouver, ISO e altri

22

Joelle, Dountio Ofimboudem. "The protection of traditional knowledge: challenges and possibilities arising from the protection of biodiversity in South Africa". University of the Western Cape, 2011. http://hdl.handle.net/11394/2887.

Testo completo

Abstract (sommario):

Magister Legum - LLM
Traditional Knowledge (TK) is the long standing wisdom, teachings and practices of indigenous communities which have been passed on orally, in the majority of cases, from generation to generation. TK is expressed in the form, medicine, agriculture, understanding of the ecology, music, dance, stories, folklore, poetry, spiritual, cultural and artistic expressions, and knowledge relating to bio-diversity. This thesis focuses on plant bio-diversity, as part of TK, and the problem of bio-piracy. We attempt a definition of TK; its characteristics; possible measures that can be taken to ensure its protection; and challenges that are likely to be faced in seeking to ensure its protection, first at the global level, then with particular attention to South Africa. Some of the suggested measures include the enactment of sui generis laws to protect plant biodiversity, rather that the adaptation of the existing IP regime. Some of the challenges include unwillingness of some countries to participate in international initiatives, like the US, which is not even a signatory of the CBD, and the difficulty of identifying the persons in whom ownership of the TK should be vested when it is possessed by many communities. This issue is a very sensitive one because there have been numerous cases of bio-piracy in developing countries perpetrated by corporations from industrialised countries. Some of the notable examples of bio-piracy include; The Neem tree from India whose products are used in medicine, toiletries and cosmetics; the Ayahuasca a vine used in India for religious and healing ceremonies; the Asian Turmeric plant used in cooking, cosmetics and medicine, the Hoodia Cactus plant in the Kalahari Desert of southern Africa used by the San people to stave off hunger. These instances have given rise to increased talks about the necessity of a law on the protection of TK relating to bio-diversity in general at the international, regional and national levels. The World Intellectual Property Organisation (WIPO) is working on enacting measures to ensure the protection and conservation of TK at the international level; in 2002 it created nine fact finding commissions on TK in general. These fact finding missions on TK innovation and creativity were undertaken with the intention of seeking possibilities of protecting the intellectual property rights of TK holders. In 2002, The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) was created to continue with this task. The 1993 Convention on Biodiversity (CBD) encourages States to enact measures to implement its provisions on the protection of knowledge, innovations and practices of indigenous and local communities. This trend in protection of TK relating to biological resources has been followed by the Nagoya Protocol of October 2010. The World Trade Organisation (WTO) also makes mention of protecting plant varieties. The research suggests that one could use both Intellectual Property Rights and Sui Generis measures to address and secure protection of TK, and provide compensation to holders for the use of the intellectual property.
South Africa

Gli stili APA, Harvard, Vancouver, ISO e altri

23

Papadopoulou, Frantzeska. "Opening Pandora's Box : Exploring Flexibilities and Alternatives for Protecting Traditional Knowledge and Genetic Resources under the Intellectual Property Framework". Doctoral thesis, Stockholms universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-100568.

Testo completo

Abstract (sommario):

What happens when resources get valuable and scarce? How is Intellectual Property dealing with market failures related to sub-patentable innovation or purely traditional knowledge with interesting applications? The protection of traditional knowledge and genetic resources (TKGR) has been one of the major modern challenges in international IP law. The entry into force of the Convention on Biological Diversity (CBD) and its implementation in national legislation has created more questions than the ones it answered. The objective of this dissertation is to assist in the evaluation of current national and regional implementation initiatives as well in the presentation and evaluation of different forms of entitlements that could be applicable in the case of TKGR. The dissertation has employed a theoretical framework for this evaluation, by combining the Coase Theorem and Rawls' theory of justice. The choice of these two theoretical models is not a random one. In order for the entitlement covering TKGR to be successful, it has to be efficient. It has to offer a stable and efficient marketplace where access to TKGR is possible without unnecessary frictions. However, efficiency could not be the only objective. An entitlement focusing solely on efficiency would fall short of the needs and special considerations of TKGR trade. It would above all be counter to the objectives and major principles of the CBD, the “fair and equitable sharing of the benefits” and would certainly fail to address the very important North-South perspective. Fairness is thus a necessary complement to the efficiency of the proposed entitlement. This dissertation proposes a thorough investigation of the special characteristics, of right-holders, subject-matter, market place as well as of the general expectations that an entitlement is supposed to fulfill. In parallel to that, it looks into the meaning and scope of alternative entitlements in order to be able to propose the best alternative.

Gli stili APA, Harvard, Vancouver, ISO e altri

24

Mason, Nicholas Craig. "Forging a New Global Commons Introducing common property into the global genetic resource debate". Thesis, University of Canterbury. School of Political Science and Communication, 2004. http://hdl.handle.net/10092/904.

Testo completo

Abstract (sommario):

This thesis provides an analysis of recent attempts to regulate the governance of genetic resources through the initiation of new global commons regimes. These attempts have arisen out of a combination of the growing recognition of genetic resources' value and global nature; a new resurgence in support for the common property paradigm; and, during a period in which the world is becoming increasingly globalised, with many governance competencies moving to the supranational level. They can be viewed as part of a broader effort to proffer the common property approach as a legitimate alternative in the property regime debate: a debate that has increasingly become trapped in the public-private dichotomy at the dawn of the twenty-first century. The aim of this thesis is to investigate the success of these attempts, and offer suggestions about how future attempts might be more successful. While there are a multitude of books, articles, opinion pieces and media reports produced that concern themselves with property theory, intellectual property theory, the efficacy or morality of applying property regimes to living materials, and the threats and promises of globalisation, all of which influence the notion of a potential global genetic commons, relatively little has been written directly on the idea of applying global common property regimes to genetic resource governance issues. The first part of this thesis constructs a theory of a global genetic commons, drawing inspiration from a variety of sources, while the second part tests this theory in order to analyse the outcomes of the recent attempts, and suggest directions for future research. The thesis finds that the conception of a global genetic commons is indeed a valid one, and that while not all attempts so far have been successful, the common property paradigm does offer valuable insights for the future governance of genetic resources at the global level.

Gli stili APA, Harvard, Vancouver, ISO e altri

25

Du, Preez Lezel. "’n Regsvergelykende ondersoek oor aanneming met besondere verwysing na die regte van die natuurlike vader en die kind se reg op die afkomskennis (Afrikaans)". Diss., 2004. http://hdl.handle.net/2263/29485.

Testo completo

Abstract (sommario):

AFRIKAANS: Hierdie verhandeling ondersoek aspekte van kinderregte met die doel om die huidige status daarvan te analiseer en moontlike aanbevelings te maak. Meer spesifiek word daar na die aspekte van aanneming, die posisie van die natuurlike vader en die kind se reg op afkomskennis gefokus. Die metodiek wat gevolg word is dié van 'n aanvanklike bestudering van die relevante• statute, regspraak en verslae wat die huidige posisie van bogenoemde aspekte in Suid-Afrika weergee ten einde die posisie te vergelyk met die in ander regstelsels. Met die benadering verander die doel van die verhandeling van 'n blote versameling regsreëls en dies meer in 'n regsvergelykende studie wat ten doel het om die heersende posisie in Suid-Afrika krities te kan evalueer. ENGLISH: In this dissertation aspects of children's rights are investigated with the aim of presenting the current situation and making several recommendations which would improve the current position of children. The aspects of adoption, the position of the natural father and the right of the child to knowledge of lineage are focused on in more detail. The methodology used starts by presenting an initial study of all relevant statutes, legal authority, court decisions/rulings and legal reports in order to allow for the comparison of the current position of the above mentioned aspects in South Africa with the position in other countries. By following this methodology, the purpose of the dissertation changes from just being a collection of legal rules amongst others to being a comparative legal study which strives to critically evaluate the current position in South Africa.
Dissertation (LLM)--University of Pretoria, 2010.
Private Law
unrestricted

Gli stili APA, Harvard, Vancouver, ISO e altri

26

Rutledge, Martin Shawn. "Biological father/daughter sexual abuse and step-father/step-daughter sexual abuse compared". 1991. http://hdl.handle.net/1993/17418.

Testo completo

Gli stili APA, Harvard, Vancouver, ISO e altri

27

Manyatshe, Livhuhani. "Why mothers do not tell : narratives of maternal non-disclosure of biological paternal identity". Thesis, 2013. http://hdl.handle.net/10539/12966.

Testo completo

Abstract (sommario):

Children with absent and unknown fathers (also referred to as undisclosed paternal identity) have distinctly been identified as an interest group due to their increased risk to adverse psychological effects specifically associated with not knowing one’s biological father. It is taken for granted that these children have the freedom of asking their mothers and female caregivers who their fathers are, not taking into account that often there is a tacit rule within these homes whereby the biological father is never discussed. The aim of this exploratory study was to use narratives of mothers and guardians who have children under their care who do not know their true fathers’ identities, in order to explore the range of probable reasons that contribute to maternal caregivers not disclosing the identity of biological fathers. Eight face-to-face, individual interviews were conducted with female participants from varying cultural and socioeconomic backgrounds within the Johannesburg area. The women aged between 33 and 60 years were recruited with the assistance of a non-governmental organisation and from online forums. Interviews were conducted in English or a language that the participants understood and lasted on average an hour. Thematic analysis was used to analyse the transcribed text. The study was undertaken using an interpretive approach that explored the phenomenon of the participants' lived experience of not disclosing. A gendered analysis provided a distanciated framework to review the findings against current societal arrangements. Findings indicated that mothers not disclosing could be linked to the fathers’ behaviour such as inconsistent commitment to the paternal role, denial of paternity and at times, whereabouts were not known limiting what could be conveyed to the children. For this particular study, the nature of the relationship, which is often characterised by the instability of the parents’ relationship at the time of the birth, and subsequent separation, seemed to be a risk factor that a child may not be told who their true father is. Gender-based violence was also found to be contributing to the separation between parents and this in turn created an opportunity for the uninvolved fathers to be absent and unknown to the children. The cultural script that silences women’s experiences of gender-based violence means that father absence that resulted from the violence was difficult to talk about in the homes. The data also gave insight into the differential experiences among the women when dealing with absent, unknown whereabouts and absconded fathers. Although this study was conducted on an exploratory basis, it is suggested that continuous engagement with this topic through research and public discourse would best define how to address the issue. The findings suggest a need to provide mothers who may be considering disclosure with strategies on how to disclose. There is also a broader need to address structural issues that may be contributing towards the phenomenon such as men's violence towards their families.

Gli stili APA, Harvard, Vancouver, ISO e altri

28

Chang, Chia-Tuan, e 張家端. "A Study Of The Feasibility Of The Legitimate Denied Filed By Biological Father In Taiwan". Thesis, 2012. http://ndltd.ncl.edu.tw/handle/67898028185427928668.

Testo completo

Abstract (sommario):

碩士
中國文化大學
法律學系
100
In order to determine the identity of the child as soon as possible, let the child could be raised by legal parents from their birth, and because of the belief in marriage and to save the cost of review, Taiwan civil law constitutes the regulation of the presumption of the legitimacy of a child. But the inconsistency of the legal parent-child relationship and the biological one may occur. And because the gender relationship is more and more open nowadays, the inconsistency is common. Therefore, civil law constitutes the regulation of the action for disavowal the legitimacy of a child. For now, either the husband, the wife, or the child may bring an action for disavowal if he or she can prove that the child was born out of wedlock. And even where the husband or the wife dies within or before the commencement of the statutory period for initiating an action to disavow the legitimacy of a child, a person whose right to inheritance is injured may initiate such action. But the biological father still doesn’t have this right in law. It seems that the benefit of child cannot be protected completely. The thesis focuses on discussion of the regulation of the presumption of the legitimacy of a child, and the regulation of the action for disavowal the legitimacy of a child. Moreover, with the in depth analysis of J.Y. Interpretation No. 587, to understand the main reason why the law which disqualifies a biological father from bringing an action for disavowal his child presumed to be born in wedlock. Also, introducing the regulation of the action for disavowal the legitimacy of a child brought by a biological father in Germany civil law, to compare and analyze it as the reference for legislation. Finally, the thesis tries to establish the regulations about biological father should be qualified to bring an action for disavowal the legitimacy of a child. Without violating the value (marriage, family harmony and the right of a child being educated) that is protected by the J. Y. Interpretation No.587, it is expected to produce feasible conditions and reasons, and “conditional” approve of the disavowal the legitimacy of a child brought by biological father. Thus, it may protect the benefit of a child and match the real parent-child relationship more adequately.

Gli stili APA, Harvard, Vancouver, ISO e altri

29

Mneney, Edith. "Intellectual property rights and biological diversity : an international legal analysis". Thesis, 1999. http://hdl.handle.net/10413/9523.

Testo completo

Abstract (sommario):

Biological diversity is defined in Article 2 of the Convention on Biological Diversity as the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part. This, includes diversity within species and of ecosystems. Biological diversity and its components is valuable in meeting the social, economic, scientific, educational and other human needs. Biological diversity is also important for revolution and maintaining of life sustaining systems of the biosphere. For many years biological resources were treated as coon heritage of mankind; free access was consequently accepted. Most of the genetic resources used for developing new products originated from developing countries in the South; on the other hand research and development in respect of new technologies is carried out mostly by firms in developed countries in the North. New products resulting thereof are subsequently protected by the intellectual property rights (IPR). It is now recognised that new products using biological resources benefit directly or indirectly from indigenous knowledge. Such knowledge is of significant value for the understanding of the natural environment and for sustainable use of natural resources. However, the contribution made by these communities does not receive the same recognition or protection as products which benefit from their knowledge. Existing IPR systems were not designed to extend benefits to indigenous knowledge. Changes in this area were necessitated by concerns about the significant reduction of biological diversity due to certain human activities. These concerns coupled with the recognition that issues of conservation of biological resources cannot be dealt with without addressing issues of equity in access to and sharing of both genetic resources and technologies, recognition of the role of indigenous and local communities, eradication of poverty and international co-operation among others. The Convention on Biological Diversity entered into force in 1993 as a global effort into addressing these issues. It is recognised in the Convention that access to and transfer of technology among members are essential elements for the attainment of its objectives. Parties are therefore called upon to facilitate access and transfer technologies that are relevant to conservation and sustainable use. Protection to IPR holders is provided by the requirements that access to and transfer of technology which is subject to patents and other IPR is to be provided on terms which recognise and are consistent with the adequate and effective protection of IPR. The relationship between environmental protection and IPR is thus made an important issue which may influence implementation of the Convention. This thesis focuses on the study of national and international IPR regimes and their role in implementation of the provisions of the convention. Limitations of these regimes are identified, recent developments in addressing these limitations are analysed and possible alternatives are proposed. This study purports to supplement global efforts to effectively implement provisions of the Convention.
Thesis (Ph.D.)-University of Durban-Westville, 1999.

Gli stili APA, Harvard, Vancouver, ISO e altri

30

SHIEH, TEH-CHIEN, e 謝德謙. "The Impact of Biological Diversity Convention on Intellectual Property Rights". Thesis, 1997. http://ndltd.ncl.edu.tw/handle/98459430776250626482.

Testo completo

Abstract (sommario):

碩士
東吳大學
法律學類
85
Intellectual property (IP) is a system to secure the innovators some exclusive rights to their useful intelligence activity , while in the mean time fully disclose their work to benefit the whole society. The central dogma of IP lies in the balance between the interest of individual and those of the whole. As prosperous as the development of IP seems to be, the IP in biotechnology still raises some controversies. On the otherhand, the ownership of genetic resources is also a constant dispute in international society. CBD is the product of consensus of international society to protectglobal environment. The main objectives of CBD are conservation of biological diversity, the sustainable use of its components and the fair and equitablesharing of the benefits arising out of the utilization of genetic resources. Both IP and CBD manage to improve the welfare of human beings, whilethere remain something that are especially contradictory in betwen. Some of the measures CBD takes to fulfill its goals invove intellectual property, especially those in technology transfer and benefit sharing, which delve into the deep entanglement between the protection of said rights and the commitment of preservation of global biodiversity. In this article, the impact of CBD on intellectual property rights willbe fully discussed, especially the provisions concerning the transfer oftechnology and benefit sharing. The strategies of industrial countries andthose of countries of origin of genetic resources, especially the developing ones will also be emphasized. What will be mentioned particularly is the exactinfluence of said circumstances toward Taiwan, and the possible measures Taiwanshould take. Some criticism on the current development of intellectualproperty rights will be emphasized,too.

Gli stili APA, Harvard, Vancouver, ISO e altri

31

Oguamanam, Chidi Vitus. "Biological diversity and intellectual property rights : the challenge of traditional knowledge". Thesis, 2000. http://hdl.handle.net/2429/10735.

Testo completo

Abstract (sommario):

The abundance of wealth and technology in the North, and biological diversity and poverty in the South provokes an inquiry into an appropriate modality for the equitable harnessing and allocation of biodiversity dividends. Over the years, the traditional knowledge relating to biological diversity has been regarded as part of the "global intellectual commons", open to exploitation by all, and subject to validation by formal methods. That knowledge has remained the source of both increasing knowledge and critical discoveries of the therapeutic values of most components of biological diversity. There is a consensus between the North and the South that an effective biodiversity conservation strategy should be one capable of providing incentives to the traditional custodians of wild habitat. Intellectual property is generally recognised as an appropriate framework to implement this objective. However, as a perennial subject of North-South disagreement, there is no consensus on the relevant details or mechanisms for deploying intellectual property rights to effectuate the objective. The United Nations Framework Convention on Biological Diversity (CBD) signifies a global regime embodying the ideals of incentivising the traditional custodians of the wild habitat as well as equitable sharing of the benefits of biodiversity. Arguably, it marks an end to the idea of regarding traditional knowledge as part of the global intellectual commons. This thesis contends that the CBD regime carries with it the burden of unresolved North-South perspectives on intellectual property rights. It argues that the heart of the conflict is the reluctance of the North to accord intellectual property status to traditional knowledge. This is partly because of the latter's informal nature but most importantly it derives from an inherent geo-political ideological conflict on the subject of intellectual property rights. Presently, the recognition of rights over traditional knowledge is approached on a sui generis basis. This thesis takes the position that the approach with its several limitations is not persuasive. It contends that on the merits, traditional knowledge is, and ought to be recognised as a subject matter of intellectual property rights. The recent elevation of intellectual property (a traditional subject matter of national law) to the international level under the WTO/TRIPs Agreement further undermines traditional knowledge. This has posed a setback not only to the global biodiversity conservation initiative, but also to the quest for equitable allocation of its dividends. It is my thesis that a national approach offers a better option for accommodating the intellectual property status of traditional knowledge and consequentially for advancing the quest for biodiversity conservation as well as equitable allocation of the dividends arising therefrom.

Gli stili APA, Harvard, Vancouver, ISO e altri

32

Louw, A. S. (Anna Sophia). "Acquisition of parental responsibilities and rights". Thesis, 2009. http://hdl.handle.net/2263/27861.

Testo completo

Abstract (sommario):

The thesis explores the impact of the new Children’s Act 38 of 2005 on the acquisition of parental responsibilities and rights within a newly proposed framework designed for the purpose of reflecting the various ways in which parental responsibilities and rights can be acquired. The research has shown that the Children’s Act has fundamentally transformed the way in which parental responsibilities and rights are acquired. The transformation has created a scheme for the acquisition of parental responsibilities and rights that is for the most part constitutionally compliant and progressive insofar as it gives recognition to the different family forms found in South Africa. To this end the Children’s Act has considerably expanded the ways in which parental responsibilities and rights can be acquired. Whereas previously exclusively the preserve of heterosexual married parents in a nuclear family, parental responsibilities and rights can now automatically be acquired by a committed biological father and a married lesbian couple conceiving by artificial means. Apart from authorising courts to assign parental responsibilities and rights, the Children’s Act allows any holder of parental responsibilities and rights to confer responsibilities and rights on another by prior approved agreement. The Act also includes specific provisions to regulate the acquisition of parental responsibilities and rights by commissioning parents in the case of a surrogate motherhood agreement. The structure developed for the research topic reflects the transformation of the law in this regard by making the application of the best interests-standard, rather than the marital status of the child’s parents, the distinguishing feature of the subdivision between automatic and assigned acquisition. In this way the structure is an embodiment of the paramountcy of the best interests principle in section 28(2) of the Constitution. Insofar as the law still requires a distinction to be made between biological mothers and fathers, on the one hand, and naturally and artificially conceived children, on the other, the structure also highlights the remaining shortcomings of the law in this regard. The structure is, furthermore, necessarily complicated by the need to distinguish between the acquisition of care, on the one hand, and guardianship, on the other. As far as fathers are still not treated the same as mothers in the automatic allocation of parental responsibilities and rights, the Act is deemed not to have been progressive enough. Conferring full parental responsibilities and rights on both parents based on their biological link to the child would not only be in line with worldwide trends, but would also meet the constitutional demands of substantive sex and gender equality. It will further place the focus on the best interests of the child, which emphasises the importance of both parents for the child. While the research shows that tensions between the biological and social constructs of parenthood may possibly hamper the legal recognition of de facto care-givers or other persons with whom the child has developed a psychological bond, the greatest weakness of the Act would seem to lie in the failure to implement an integrated family court structure. Please cite as follows: Louw, AS 2009, Acquisition of parental responsibilities and rights, PhD thesis, University of Pretoria, Pretoria, viewedyymmdd < http://upetd.up.ac.za/thesis/available/etd-09102009-170707/ > Copyright
Thesis (LLD)--University of Pretoria, 2009.
Private Law
unrestricted

Gli stili APA, Harvard, Vancouver, ISO e altri

33

Killos, Lydia F. "Does dad matter? the role of biological, residential father involvement in predicting changes in pre-adolescent academic, behavioral, and social development /". 2007. http://wwwlib.umi.com/dissertations/fullcit/3305893.

Testo completo

Gli stili APA, Harvard, Vancouver, ISO e altri

34

CHEN, YEN-LING, e 陳彥伶. "A Study on the Framework of the Convention on Biological Diversity and Aboriginal Hunting Rights". Thesis, 2019. http://ndltd.ncl.edu.tw/handle/mq57e4.

Testo completo

Abstract (sommario):

碩士
國立中正大學
法律學系碩士在職專班
107
There are sixteen Taiwanese aboriginal peoples, and each has its unique culture. Although Taiwanese aboriginal peoples’ population is a minority of the total population, their interests are worthy of protection. Hunting, for the aborigines, is an important way of subsistence and cultural preservation, and their hunting culture in the conservation management has always been controversial. In this study, collected related information and cases about Taiwanese aboriginal hunting and Taiwan’s laws. There are three areas of conflict between traditional hunting behavior and Taiwan law. First was legal entry of protected area and against law of National Park Law and Cultural Heritage Preservation Act. Second was against law of Wildlife Conservation Act, and third was against law of Controlling Guns, Ammunition and Knives Act. The traditional hunting culture had been effect by the policy, economic and religion. These factors seriously affect the traditional hunting culture in the concept of conservation management. Under the framework of the Convention on Biological Diversity, this study try to find be a sound balance between aboriginal hunting culture and wildlife conservation. The Convention on Biological Diversity emphasizes the principles of sustainable use of natural resources, and attaches importance to scientific monitoring techniques. Under these principles, Aboriginal hunting can be an active management model for wildlife resources. Currently, without aboriginal perspective in the setting up of the hunting laws, these Acts content usually conflict with aboriginal custom, culture and values. From biodiversity conservation, the aboriginal hunting culture was play an important role in the conservation of the forest ecological. This study suggests that we should regulations the law of aboriginal hunting, with preservation of aboriginal hunting culture, conservation and management of the hunting animals, hunting equipment and regional management. Training hunters for traditional hunting culture and certified them, with scientific monitoring wildlife resources, and setting a hunting program under according aboriginal hunting culture and conservation wildlife. By this way, on hunting culture protection and wildlife conservation issues of resource management have real consensus between the government and aboriginal peoples in co-management mechanism.

Gli stili APA, Harvard, Vancouver, ISO e altri

35

Rivard-Royer, Maude. "Le meilleur intérêt de l'enfant, les tests de paternité et le droit civil québécois". Thèse, 2006. http://hdl.handle.net/1866/2433.

Testo completo

Abstract (sommario):

L'A.D.N. détermine toute fonction nécessaire à la VIe humaine. Les tests d'A.D.N. peuvent identifier presque tous les êtres humains. Exacts et fiables, ces tests ne nécessitent qu'un échantillon minime d'A.D.N. Ils ont chamboulé, non seulement la science, mais aussi le droit. Lorsque ces tests sont utilisés dans un but d'identification génétique (contrairement à un but médical), ceux-ci peuvent établir définitivement des liens filiaux. Comment le droit civil québécois détermine le meilleur intérêt de l'enfant lorsque des tests de paternité sont utilisés comme moyens de preuve de la filiation d'un enfant? Le meilleur intérêt de l'enfant est un concept-clé dans le droit civil québécois. Les règles régissant la filiation légale et la hiérarchie des moyens de preuve pour cette filiation sont aussi affectées. Une étude du droit civil québécois révèle différentes approches afin de déterminer le meilleur intérêt de l'enfant dans les cas de paternité: 1) l'approche de la primauté de la stabilité socio-affective de l'enfant, 2) celle de la primauté de la vérité biologique de l'enfant, et 3) celle dite «personnalisée». L'approche personnalisée pourrait être la plus adaptée puisqu'elle traite chaque enfant comme une personne à part, considère tous les facteurs dans sa vie et pèse les différentes relations entre les parties. L'approche semble répondre aux besoins et à la situation de chaque enfant comme personne unique.
DNA determines all functions necessary to human life. DNA tests can identify almost every human being. Accurate and reliable, these tests need only a minimal quantity of DNA. They have changed radically not only science, but also the law. When used for genetic identification purposes (as opposed to medical), they can establish definitely filial links. How does Québec's civil law determine the best interests of the child when DNA paternity tests are offered as proof of the filiation of a child? The best interests of the child are a key concept in the civil law of Québec. The rules establishing legal filiation and the hierarchy of proof within are also affected. A study of Québec case law reveals different approaches in determining the best interests of the child in paternity cases: 1) the approach preferring the primacy of socio-affective stability of the child, 2) the approach preferring the primacy of biological truth, and, 3) the personalized approach. The personalized approach may be the most appropriate since it treats each child as unique, considers every factor in his or her life and weighs aIl the different relationships between parties. This approach seems to provide for the needs and situation of every child as an individual.
"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de maîtrise en Droit option Droit, Biotechnologies et Société"

Gli stili APA, Harvard, Vancouver, ISO e altri

36

Palkosková, Mirka. "Legitimita umělých potratů dnes". Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-373616.

Testo completo

Abstract (sommario):

(in English): The thesis deals with the problem of induced abortions. It focuses on, and offers an analysis of, common ways in which abortion has recently been defended in the Czech Republic. In an examination of usual lines of defence of abortion, a description of ongoing philosophical debate about morality of abortion is employed. Arguments founded on bodily integrity and drawn from general feministic positions are attacked with the aim to show that all these ways of defending abortion elude the crucial problems such as the moral status of a fetus, father rights, the nature of discourses which underlie women's choices to abort, and the consequences of the common contemporary view of abortions for women's lives. The tension between basic sexual needs and responsibility for a human life that begins is set forth as the pivotal problem. Concerning the theoretical question of the moral status of a fetus, the thesis endorses a skeptical stance. As a consequence, unassailable solution to the question of permissibility of abortions is rejected as an impossible task. Such a negative result invites a question of how, if at all,the contemporary discourse might be substantiated in which abortions are treated quite straightforwardly as permissible acts. The acquaintance with philosophical problems concerning...

Gli stili APA, Harvard, Vancouver, ISO e altri

37

Marion, Suiseeya Kimberly Ruggles. "The Justice Gap in Global Forest Governance". Diss., 2014. http://hdl.handle.net/10161/9056.

Testo completo

Abstract (sommario):

Claims of injustice in global forest governance are prolific: assertions of colonization, marginalization and disenfranchisement of forest-dependent people, and privatization of common resources are some of the most severe allegations of injustice resulting from globally-driven forest conservation initiatives. At its core, the debate over the future of the world's forests is fraught with ethical concerns. Policy makers are not only deciding how forests should be governed, but also who will be winners, losers, and who should have a voice in the decision-making processes. For 30 years, policy makers have sought to redress the concerns of the world's 1.6 billion forest-dependent poor by introducing rights-based and participatory approaches to conservation. Despite these efforts, however, claims of injustice persist. This research examines possible explanations for continued claims of injustice by asking: What are the barriers to delivering justice to forest-dependent communities? Using data collected through surveys, interviews, and collaborative event ethnography in Laos and at the Tenth Conference of Parties to the Convention on Biological Diversity, this dissertation examines the pursuit of justice in global forest governance across multiple scales of governance. The findings reveal that particular conceptualizations of justice have become a central part of the metanormative fabric of global environmental governance, inhibiting institutional evolution and therewith perpetuating the justice gap in global forest governance.

Dissertation

Gli stili APA, Harvard, Vancouver, ISO e altri

38

Bichança, Marta Sofia Pinto. "A evolução da prova criminal motivada pelos avanços da ciência: o recurso ao ADN e a criação da base de dados de perfis genéticos em Portugal". Master's thesis, 2015. http://hdl.handle.net/1822/44546.

Testo completo

Abstract (sommario):

Dissertação de mestrado em Direito Judiciário
A presente dissertação de mestrado pretende dar a conhecer o ácido desoxirribonucleico – o ADN – e as suas principais características, bem como a forma como este pode ser aproveitado no âmbito da identificação criminal. Os pilares fundamentais desta temática encontram-se na Lei nº 5/2008, de 12 de fevereiro e na jurisprudência portuguesa, que são aqui analisados com o intuito de perceber a forma como é regulamentada a base de dados de perfis de ADN e qual a valoração atribuída a este tipo de prova, respetivamente. No decurso do estudo do recurso ao ADN como prova criminal afigura-se essencial analisar a criação e implementação da base de dados de perfis genéticos em Portugal, passando pelos problemas relacionados com esta, entre os quais se encontram conjeturas de direitos violados, e por isso se considera necessário aferir do fundamento das mesmas através da análise individual de cada uma. Desta forma, considera-se necessário perceber qual a relevância desta base de dados na prática judiciária mediante a observação do número de perfis de ADN inseridos em conjunto com o número de correspondências conseguidas, quer referentes a amostras-problema quer a amostras-referência, desde o momento da sua criação até ao dia 30 de junho do presente ano. Em suma, pretende-se aferir até que ponto podem ser aproveitadas as potencialidades do ADN no âmbito criminal, sem que tal implique inadmissíveis violações de direitos, liberdades e garantias dos cidadãos.
This dissertation has the purpose of studying deoxyribonucleic acid – DNA – and its main features, aswell as the way as it can be used for criminal investigation. The basis of this theme can be found in the law nº 5/2008 of 12 of February and in the Portuguese jurisprudence, which are analyzed with the goal of knowing how databases of DNA profiles are regulated and what value is given to this kind of proof. During the study of the resort to DNA as criminal proof it will be essential to focus on the creation and implementation of databases of DNA profiles in Portugal, particularly in its problems, among which we can point out the possibility of violation of several rights, which requires an individual analysis of each one. Bearing that in mind, it’s necessary to figure what is the relevance of these databases judiciary law through the observation of the number of DNA profiles inserted along with the number of matches achieved, related to sample-problem or sample-reference, since the moment of its creation till 30 of June of the current year. Concluding, we intend to appreciate how the potential of criminal evidence can be applied in criminal matters without harming, in an inadmissible way, rights, civil liberties and guarantees of the citizens.

Gli stili APA, Harvard, Vancouver, ISO e altri

39

Dountio, Ofimboudem Joelle. "The protection of traditional knowledge: challenges and possibilities arising from the protection of biodiversity in South Africa". Thesis, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9133_1363011819.

Testo completo

Gli stili APA, Harvard, Vancouver, ISO e altri

40

Coetzee, Linden. "Die konstitusionele implikasie van Fraser V Children's Court, Pretoria North 1997 2 SA 261 (CC)". Diss., 1997. http://hdl.handle.net/10500/17907.

Testo completo

Abstract (sommario):

Text in Afrikaans, abstract in English
Writer investigates the constitutionality of section 18(4)(d) of the Child Care Act 74 of 1983 against the backdrop of the South African common law and the common law of comparative legal systems. In the South Africa law the mother of an illegitimate child has guardianship. The natural father does not have parental power which weakens his legal position. In analysing the judgement of the Constitutional Court, writer criticises the court for stating that in the case of a newborn baby the kind of discrimination which section 18( 4 )( d) authorises against a natural father may be justifiable in the initial period after the child is born. The constitutional position of the natural father in American jurisprudence is discussed at length. Writer concludes that the natural father has to take positive steps to vest a right to be heard in an adoption application. Proposals for legal reform are also made.
Private Law
LL. M. (Law)

Gli stili APA, Harvard, Vancouver, ISO e altri

41

Schaeffer, Erin. "Comparative Analysis of Maori of Aotearoa and James Bay Cree of Eeyou Istechee Cultural Heritage Values and Political Histories of Land Tenure Systems". 2012. https://scholarworks.umass.edu/theses/828.

Testo completo

Abstract (sommario):

This thesis relies on an interdisciplinary framework to conduct an investigation of seminal national policies and planning processes in New Zealand and Quebec Province, Canada related to sovereignty, indigenous land rights, and customary land tenure systems. Theoretical frameworks for this research include a comparative analysis of European legislative systems and traditional planning frameworks in relation to indigenous governance systems and land tenure systems for the Maori (NZ) and James Bay Cree (QC). Through interviews and experiential knowledge I will document tools and techniques that these indigenous communities use to navigate complex cross-cultural policy and planning processes for their own advocacy of cultural heritage values. From the Maori perspective, cultural heritage values include the concept and principles of kaitikatanga. James Bay Cree cultural heritage values include the concept and guiding principles embedded in Eeyou Iyihtiwin. These cultural heritage values represent abstract concepts and guiding principles that are embedded in and gain meaning from local context, cultural knowledge and customary traditions. The Maori and James Bay Cree share a similar orientation to the meaning and importance of land. Together these indigenous communities view land as the foundation for collective and individual identity and cultural traditions. From this perspective and meaning of land, the Maori and James Bay Cree recognize that people are a part of a greater interconnected system that spans across physical and metaphysical spaces. In practice, native or customary land tenure systems are based on cultural heritage values that support a spirit of reciprocity with an underlying expectation that a balanced system will provide for all life. This analysis may provide a new cross-cultural framework for policy and planning processes to provide opportunities for fair negotiation of sustainable land tenure systems and natural resource management.

Gli stili APA, Harvard, Vancouver, ISO e altri

Tesi sul tema "Rights of the biological father"

Cita una fonte nei formati APA, MLA, Chicago, Harvard e in molti altri stili