This paper investigates the integration experience of refugee womxn in South Africa. It focuses on the areas of access to housing, employment and protection from gender-based violence. Through a human rights approach, influenced by intersectional feminist theory, it analyses the international normative and South African domestic framework and discusses its gaps and challenges. Thereafter, an overview of the experience of refugee womxn's access to housing, employment and protection from gender-based violence internationally and in South Africa is presented. Lastly, recommendations are made to the South African state suggesting reform in law, policy and practice.

Though hailed as one of the most exemplary laws on abortion, the 1996 Choice on Termination of Pregnancy Act of South Africa does not directly address conscientious objection. The consequences of such a gap serve as an obstacle to the efficacy of a liberal abortion law in practice. Where there are no clear laws or guidelines, the environment is conducive for healthcare providers acting within their ‘own’ interpretation of the law. This thesis centres around nurses as the largest single group of health care providers in South Africa. Within this context, it explores the factors that shape how and why nurses exercise conscientious objection to the provision of abortion services. Understanding providers’ practices of power in the exercise of conscientious objection requires attention at the intersection between gender hierarchies and power arrangements. The thesis further examines the conditions and challenges of nurses’ contemporary role in abortion service provision. It focuses on the structural conditions in which abortion - providing nurses perform their abortion services. The research conducted in this thesis provides an original contribution by employing feminist socio-legal methodologies to identify the complex and interwoven legal, political, and socio-cultural contexts. I utilised doctrinal and empirical research methods to draw conclusions of how we think about conscientious objection. Through in-depth interviews with nurses and information gathered from government officials, academics and members of civil society such as women’s rights organizations and litigators, this thesis determines a number on strategies to improve the transformative potential of sexual and reproductive health and rights of women and girls. Keywords: abortion, conscientious objection, South Africa, nurses, African feminism / Thesis (LLD)--University of Pretoria, 2020. / Centre for Human Rights / LLD / Unrestricted

Disability in South Africa is a complex issue to understand and address. Society is structured in such a way that ableism persists, creating ongoing challenges for minority groups such as those living with a disability. In the light of the above, this dissertation examines the right to education for children with disabilities. This dissertation has a narrowed focus, through a desktop study investigating legislation and policies addressing and supporting the right to education in South Africa. If the right to education is effectively addressed, it could lead to improved access to equality, dignity and freedom for children with disabilities, as enshrined in the Constitution. Civil society organisations have become increasingly involved in supporting and promoting the right to education for children with disabilities, to ensure that children with disabilities can and do access their basic rights, when government fails to provide for equitable realisation of this right. I propose that the government has accepted responsibility to meet its obligation1 to provide equal education opportunities for children with disabilities in South Africa through signing international and regional treaties but is ineffective in doing so. However, the pervasiveness of ableism is a major barrier to implement this obligation. As a result institutions such as civil society have been ‘required’ to fill the gap to avoid further marginalisation of children with disabilities and violation of their human rights.

This master thesis gives a comprehensive overview of the protection of journalists and media facilities in times of armed conflict. First, the thesis analyses, which legal regimes are applicable: international humanitarian or human rights law. In conclusion, it suggests a parallel application of both regimes while international humanitarian law is to be regarded as lex specialis in the event of an armed conflict. In the case of a discrepancy between norms of the two regulatory complexes, the lex specialis maxim solves the inconsistency as an interpretation rule. Thus, the human rights provision is interpreted in the light of the more specific humanitarian law provision. Secondly, the thesis examines the concrete norms under both legal regimes that protect journalists and media facilities. It finds that only human rights norms protect the work of journalists while international humanitarian law protects journalists as civilians and media facilities as civilian objects. In the event, that a (fatal) military attack on journalists or media facilities is justifiable under international humanitarian law, there exists a controversy with the right to life guaranteed in human rights law which is solved by means of the lex specialis principle. Finally, the extent of the de facto protection of journalists and media facilities in comparison to the assured de jure protection is tested. For this purpose, the effective protection of journalists and media facilities in general during the current South Sudan crisis is analysed as well as the protection of female journalists against gender-based rights violations in times of armed conflict. A huge discrepancy between the de jure granted protection and the actual protection is found in both cases. Therefore, this thesis stresses the need to adopt new binding international regulations specifically tailored to afford all journalists and media facilities the highest protection possible – especially in times of conflict.

Child marriage is defined as a marriage or informal union in which one of the spouses is under the age of 18. It is a widespread form of gender-based violence rooted in gender inequality, religious and cultural beliefs, and traditions. The practice is often associated with poverty, lack of education, domestic violence, and early pregnancy which entails serious health implications for girls. In times of armed conflict, child marriage frequently occurs as a coping strategy due to an increase of poverty and security threats. Ongoing crises in the Middle East and Africa have brought hundreds of thousands of refugees to Europe. Among them are hundreds of minor married girls, and European states are often unsure how to deal with them. This thesis aims to identify state obligations under international and European regional human rights law and refugee law. It finds that international human rights documents seek to eliminate child marriage through criminalisation of the practice but fail to determine a minimum age of marriage. International refugee law recognises child marriage as an asylum ground but does not stipulate binding provisions regarding family unity with the girl’s parents or her husband. Analysis of European law shows that the approach adopted by the Council of Europe corresponds with UNHCR guidelines, including a broad understanding of family. The European Union, on the other hand, follows a more restrictive way, excluding married minors from family reunification with their parents and preventing them from reunification with their spouse until a certain age. Several European states have tightened their laws and no longer recognise any child marriages concluded abroad. This paper argues that this narrow approach ignores the need for a case-by-case assessment and thus violates international standards of child protection, particularly the best interests principle.

Throughout the world human rights abuses are committed against individuals on the grounds of their sexual orientation, gender identity and expression or sex characteristics (SOGIESC). The Human Rights Committee (HRC), which is the monitoring body of the International Covenant on Civil and Political Rights (ICCPR), can play a role in ensuring that human rights violations targeting SOGIESC diverse groups end. This can be done through the advancement of SOGIESC norms. By advancing SOGIESC norms the HRC would affirm that the rights in the ICCPR extend to SOGIESC diverse groups, thus promoting protection of SOGIESC diverse groups' civil and political rights. This dissertation examines the extent to which the HRC advances SOGIESC norms. This is realized through a combination of quantitative and qualitative analysis of how the HRC has engaged with SOGIESC under the auspice of its three monitoring functions – Views in individual communications, Concluding Observations and General Comments. The findings are explored within the theoretical framework of norm formation and theories about intrinsic qualities of successful norms. The analysis reveals that the HRC's advancement of SOGIESC norms is characterized by uneven progress. On one hand, the analysis demonstrates that the HRC has progressed significantly in its advancement of SOGIESC norms during the last 25 years. The HRC has increasingly advanced norms to affirm that numerous rights enshrined in the ICCPR extend to SOGIESC diverse groups. On the other hand, the analysis shows that progression on advancement of SOGIESC norms by the HRC is qualified. The HRC has not advanced the distinct SOGIESC norms equally, nor do the SOGIESC norms advanced by the HRC apply equally to individuals of diverse sexual orientation and gender identity and expression and sex characteristics. It is concluded that there is still scope for the HRC to improve advancement of SOGIESC norms. The dissertation offers three recommendations as to how the HRC can improve advancement of SOGIESC norms to achieve more comprehensive protection of SOGIESC diverse groups' human rights.

No abstract available. / Thesis (LLD)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted

Compared to the more “traditional” Civil or socio-economic rights, which are regarded as being held by individuals; the notion that communities can also be holders of particular rights is still relatively new. And yet, the suffering inflicted on customary communities by states, corporations and even individuals dates back to the colonial modes of production, wherein colonial authorities would extract raw materials from colonies. This being the case, it is important for any modern system for the protection of human rights – especially on the African continent - to take the unique circumstances of communities adversely affected by extractive industries into account. It is with this in mind, that my dissertation aims to offer an in depth analysis of the legal relationship between the interests of extractive projects and the rights of communities affected by such projects. As I am writing from a South African context, a significant percentage of my research is concerned with how this relationship plays out in South Africa – with particular attention being paid to the cases of: the Xolobeni Community1 in the rural Eastern Cape, the Bakgatla Ba Kgafela in the North West2 and the Somkhele Community in Kwa-Zulu Natal3 . However, I do also address the broader context by spending an entire chapter dealing with the international, regional and sub-regional mechanisms which can have an impact on the rights of mining affected communities. I also spend a significant part of my research arguing in favour of the standard of Free, Prior and Informed Consent as the minimum standard of community involvement in the decision making process relating to project that might affect them (colloquially known as “FPIC”). These arguments are based on the findings of a number of theorists and legal practitioners who have found that the lack of FPIC is one of the most significant stumbling blocks for the promotion and protection of the rights of mining affected and other marginalised communities. It is my hope that this research will serve as the basis for discussions around these issues in academia and practice with the end goal of advancing the rights of communities affected by mining or other extractive operation.

The work tackles the social challenge of energy poverty through a human rights lens. Specifically focusing on Zambia, the work analyses how access to electricity features in international human rights instruments that Zambia is party to. It further assesses how this incorporation can be employed to address the rife energy poverty. While there lies great potential in mobilising the human rights framework to hold the Zambian government to its international obligation of securing electricity services to its citizens, for optimum results, there is need for some changes. Noteworthy is the domestication of international human rights instruments that have incorporated 'access to electricity'; full implementation of domesticating legislation and consistent engagement with the state reporting process. / Mini Dissertation (LLM (Multidisciplinary Human Rights))--University of Pretoria, 2021 / Queen Elizabeth Commonwealth Scholarship(QECS) / Centre for Human Rights / LLM (Multidisciplinary Human Rights) / Unrestricted

The international human rights system has formalised the evolution and normalisation of equal dignity for every human being. Human dignity as a core value is – as a right itself, or even as a principle – the foundation of human rights. Although existing social norms in the African context seem to dictate where and when the principle of human dignity should or should not be applied, the very existence of the African human rights system emphasizes that this concept is inherent in every human being and entails that states have a positive obligation to progressively realise it through its instruments. This research dissertation evaluates the inclusion of the rights of gender and sexual minorities within the African human rights system by giving a general understanding of this system’s normative and institutional frameworks, by inquiring into this system’s approach to gender and sexual minorities’ issues, and the extent to which this approach has been inclusive in realising their rights. The central argument in this dissertation is that the inclusion of gender and sexual minorities’ rights within the African human rights system is still hindered by various challenges even if progressive steps in advancing their rights within this system’s normative and institutional frameworks are noticeable. This research finds that gender and sexual minorities are rights-holders when it comes to normative frameworks of the African human rights system. The research also finds that even if the African Commission on Human and Peoples’ Rights has been pro-active in advancing the rights of gender and sexual minorities and leading the way for other human rights institutions within the African human rights system, its institutional independence has been questioned when it comes to advancing the rights of gender and sexual minorities. The research also contends that challenges that hinder the effective inclusion of the rights of gender and sexual minorities within the African human rights system are based on outdated principles and do not reflect the current realities experienced by African people. This paper concludes that the ideal of an all-inclusive African human rights system must be inclusive of and advance the rights of gender and sexual minorities. / Mini Dissertation (LLM (Human rights and Democratisation in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (Human rights and Democratisation in Africa) / Unrestricted