Thesis (M. A.)--Acadia University, 1997. / Includes bibliographical references. Also available on the Internet via the World Wide Web.

Thesis (J.C.L.)--Catholic University of America, 1997. / Includes bibliographical references (leaves 58-63).

Thesis (M.A.)--University of North Texas, May, 2007. / Title from title page display. Includes bibliographical references.

In 2005 States accepted that there is a responsibility to protect ('RtoP') populations when "man's inhumanity to man" rises to the fore and that those entrusted to respond effectively should undertake appropriate protective action, not simply rely on 'it' going away. The question which the thesis explores, largely from a legal and practice based perspective, is what the evolution of each component of RtoP discloses, over the past seven years, about its scope, status, viability and, more specifically, whether RtoP as it currently stands adds value to, or just newly packages, old protection policies. The extensive practice reviewed, including over four hundred State views and fifteen country-specific studies, identifies which positions in the existing literature on RtoP may require revisiting, and what issues merit greater attention given their potential practical and policy significance. Where appropriate, the established field of minority protection is utilised to ground assessment of RtoP's value added and identify possible policy implications of, or explanations for, the development of a responsibility which is still in its formative years. In so doing, present understandings of RtoP's relationship to minority protection are examined and developed. The view taken is that RtoP's relationship with existing protection mechanisms is multifaceted and evolving, adding value in some ways but also creating points of departure. Whilst the broad based State support for RtoP developed since 2005 is cause for celebration, the Libya and Syria conflicts illuminated tensions inherent in RtoP, including whether it is possible to resist regime change and remain neutral in civil wars where governments perpetrate RtoP crimes. Until there is a greater cohesion among policymakers to address some of the controversial issues and other outstanding ambiguities, then it is quite likely that the focus on 'RtoP' from 2005 will now shift perhaps to more 'PtR' - 'Protecting the Responsibility'.

Values are operative in all of human rights law. That is an organizing principle of the entirety of this work. I have endevoured to remain true to a self-consciously value-orientated approach to elaborating a model against race discrimination in EU law, and 1 have made no attempt to disguise the substantive values which underpin it, or the commitment to protect fundamental human rights above market goals. While values are controversial, and while reasonable people will disagree on their application, it is submitted that attempting an articulation and exploration of those at work in antidiscrimination law is essential. Values are not, however, plucked from the abstract, and this is how context introduces itself, and remains central to this work. Context is viewed as determinative of values, and therefore of laws and their application. Chapter II offers a contextual definition of race and racism, looking to how a contextualised approach forces us to go beyond formalistic categorise and assumptions of objectivity in anti-discrimination law. The hope is that by freeing our legal conceptions of these categories, we may more fully appraise the extent of discrimination in context, and allow for more progressive strategies to combating it. Chapter III follows from the theoretic position established in Chapter II, looking to various aspects of the 'European context,' its history of immigration and the constitution of its diverse population. This chapter describes the political climate that prevails today and the rise of the extreme right in the past decade, as well as the social and economic consequences of racism in context. It examines also the emergence of 'Eurocentrism' as a new form of ethnocentrism specific to Europe, and partially reinforced by EU law. Chapter IV also relies on the contextual approach of Chapter 11 but applies it to a legal context. It examines the legal context of race discrimination in EU law, with special emphasis on the legal construction of race through the distinction between EU Nationals and Third Country Nationals. This discussion traces the roots of that foundational distinction to Member State laws and looks to the ways in which EU law has replicated and amplified it, and more importantly, to the ways in which it supports a racialised or even racist construct. The focus of this discussion is therefore de jure discrimination which effects race discrimination and how EU law participates in constructing racial Other. Chapter V concerns the corollary de facto discrimination affecting all minorities residing in the EU, but highlights this discrimination as the 'central case' because it afflicts minority EU citizens in the exercise of their EU law rights: in this way it is about insiders who are treated as Other. This chapter examines discriminatory contexts as they are reinforced by aspects of EU law, and as they generate an EU obligation to act from within EU law itself. Chapter VI is a theoretic excursus, which considers the multitude of choices which the anti-discrimination law may embody, dividing these into two basic poles: the liberal perspective and the alternative perspective. A number of central substantive tenets of anti-discrimination law are analysed from the perspective of these two poles. The second part of the chapter applies this theoretic modality to EU law, again considering substantive tenets in EU law in the light of the two poles of anti-discrimination law, with special emphasis on Article 13 and the new Race Directive. A final part of this chapter considers form and the adequacy of the current EU law anti-discrimination model in the light of other existing models. Chapter VII builds on Chapter VI but looks 'behind' the poles that present themselves in EU law, to the normative justifications and aims of anti-discrimination laws. Once again, this issue presents a multitude of choices. This chapter focuses on one such choice involving two distinct orientations in EU law: the Single Market and fundamental human rights. These are considered in tum as justifications for action against race discrimination, and it is argued that a balance between them is needed in EU law. Beyond that mutually defining coexistence, it is also argued that where they are irreconcilable, the normative prioritisation should favour fundamental human rights. An overarching theme of this work is the acknowledgment of the centrality of context and the duality of anti-discrimination law in terms of theoretic models, substantive choices and normative justification and aims. Acknowledging these offers a stronger model for combating discrimination in novel and sui generis contexts, such as the legal context of the EU, allowing us transcend existing legal models in search of more effective synergies. EU law cannot combat race discrimination without acknowledging the sui generis nature of its social and legal contexts and the politics and norms at work at all its levels, or without recognising the specific challenges presented by an economic law burgeoning fundamental rights provisions, or by the sheer diversity of standards and traditions and legal rules that exist within its boundaries.

Magister Legum - LLM / In this minithesis, I demonstrate that International Humanitarian Law and International Human Rights Law are two distinct but related fields of law. First, the examination deals with the instance that the aim of both branches of law, the protection of human rights, is common, but the approach to reach this aim is different. In this regard, I show numerous points of divergence of both branches of law which have their origin in the fundamentally different historical developments of International Humanitarian Law and International Human Rights Law. I give the main attention to the application of both sets of law, whereby the contractions and legal gaps of the protection of human rights become apparent. The proposals dealing with the solution of these issues are discussed. I argue that a new legal instrument for a comprehensive and compatible protection of human rights is necessary, especially in times of internal strife. Regarding the question as to whether International Humanitarian Law or International Human Rights Law should apply if both branches are applicable, I take the view to apply the roman principle of law lex specialis derogat legi generali in such a way that the more specific rule whenever they have a specific justification for dealing with specific problems is applicable. Both branches of law do not merge to one, but they converge to a harmonious relationship, where they complement each other and provide the highest protection of human rights. / South Africa

Magister Legum - LLM / South Africa

While the Universal Declaration for Human Rights (UNDHR) guarantees rights as absolute and universal, the practical realisation and extension of these rights remain arguable in different countries. With regard to UNDHR Article 25, the right to healthcare, the South African Constitution guarantees the right to primary health care for all. This obligation is fulfilled, from a legislative perspective, by the National Health Act. In the context of the HIV/AIDS pandemic, sex workers are a key population on account of both their vulnerability to infection and propensity to spread infection by virtue of the work they engage in. Their unrestricted access to healthcare services is critical in terms of the national response to the pandemic. Various studies have highlighted how, despite the existence of a progressive Constitution and progressive health legislation, sex workers continue to experience significant challenges in accessing public healthcare services. This study sought to provide an explanation for the contradictions between legislative provisions and the lived realities of sex workers. A multi-pronged theoretical approach was utilised that included a trans political and queer theoretical approach, complemented by an intersectionality perspective, as an analytical tool to explore the existence of invisible networks that create conditions for discrimination and exclusion. The study revealed the existence of invisible networks that work to deter sex workers from seeking health care services and other rights-related services, leaving them to employ survival strategies that are mostly unorthodox and harmful. The report concludes with recommendations on factors to consider if the access to health care services is to be fully realised by this important sub-population group. / Mini Dissertation (MPhil (Multidisciplinary Human Rights))--University of Pretoria, 2020. / Centre for Human Rights / MPhil (Multidisciplinary Human Rights) / Unrestricted

The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by equivalent free voting procedures1 The right to participate freely in the government of one’s country is recognized and protected in many international human rights instruments. These include the African Charter on Human and Peoples’ Rights (ACHPR), the International Covenant on Civil and Political Rights (ICCPR), the European Convention for the Protection of Human Rights and Fundamental Freedoms4 and the American Convention on Human Rights (ACHR). This right has generally been understood to include among others things, the right to vote and be voted through an election process that is free, fair transparent and convincing. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof.Babally Sall of the Faculty of Law and Political Science, University of Gusto Berger, Senegal. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

The essence of human rights and their dimension goes beyond national level. It is universal because it is inherent to human kind. The main source of human rights norms is international human rights instruments. The concern for human rights has grown worldwide and therefore they have been given priority by most nations. They are more and more integrated into national legal frameworks mainly in states constitutions with more or less enforcing mechanisms. As far as the realization of rights is concerned various mechanisms are involved on different levels: international, regional and national. Each of the three levels has its advantages and disadvantages. Yet, the local mechanisms appear to be more effective and adequate given the fact that they are closer to the real subject of the rights (the individuals). In point of fact, human rights involve mainly the relationships between individuals and states but sometimes also between individuals living somewhere in a nation. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM