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The place of individuals? duties in international human rights law : perspectives from the African human rights systemMalila, Mumba January 2017 (has links)
Some worry has been expressed in human rights circles that the human rights archetype has for some time now, disproportionately preoccupied itself with the culture of rights and claims at the expense of individuals? duties and responsibilities. A claim is made that while rights are individualistic, self-seeking, unworldly, self-indulgent and anti-social, individual duties and responsibilities are collective, social, humane, nuanced and associated with correct traditional and social behaviour and human values. The language of rights has dominated the texts of bills of rights in constitutions, and international instruments, and many view this rhetoric as unproblematic. Others, however, consider the currency of that language as overlooking, with dire consequences to human society, the concept of duty as the missing link of human dignity. There have, accordingly, been calls for a renewed focus on individual duties and responsibilities in the human rights discourse. The question is whether focussing on individual responsibility is necessary to counterbalance what is viewed by some as a bias towards rights.
Efforts to raise international consciousness of what is regarded as the limitation of a purely rights-based approach to human rights has been spearheaded by, among others, faith based organisations. These have advocated not only a more visible recognition of individual duties and responsibilities generally, but an international declaration of human responsibilities as a ?common standard for all people and all nations.? The calls being made are premised on, first, a view that a device in the form of an international declaration ? a set of international rules ? should be developed to change the current human rights architecture. This code of ethical obligations is necessary to guide and change individual behaviour. Second, a belief that greater emphasis should be laid on individual duty responsibility to supplement existing international human rights norms and standards, and finally, that human rights principles alone are inadequate for modern societies to regulate themselves well.
With particular reference to perspectives from the African Charter based human rights system, this project interrogates these concerns regarding duties with a view to ascertaining whether there is justification in them. Using as a reference point the concept of duties in the African Charter and to a small extent that in the African Children's Charter, which represents the older
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and more established part of the African human rights system, the project concludes that although individuals? duties are important and deserve greater attention, there is no convincing case for the calls that are being made in this regard. / Thesis (LLD)--University of Pretoria, 2017. / Centre for Human Rights / LLD / Unrestricted
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An Afrocentric exploration of South Africa's homeland policy with specific reference to VhaVenda Traditional Leadership and Institutions, 1898-1994Mahosi, Theodore Nkadimeng January 2020 (has links)
Thesis (Ph.D. (History)) -- University of Limpopo, 2020 / The subject of traditional leadership has been, and will always be, the subject of academic debate in various disciplines and varying objectives throughout the years. However, it is in South Africa to a large extent, but Venḓa specifically, that this study focuses on the discussion on the controversial subject of vhuhosi (traditional leadership) within the homeland system. This study specifically identifies vhuhosi and institutions of Vhavenḓa as a topic for research given its muddied history during the dark days of colonial subjugation and apartheid oppression and suppression. It is for this reason that this study explores South Africa’s homeland policy with specific reference to vhuhosi of Vhavenḓa and institutions (1898-1994). In order to do this the study starts by describing the nature of the relationship between the South African government and vhuhosi of Vhavenḓa on the eve of homeland policy as a way of setting the tone of the Afrocentric exploratory paradigm. The objective is to expose the gradual political and socio-economic changes that vhuhosi and institutions of Vhavenḓa were subjected to during South Africa’s political development. The study then analyses the development of ethnicity vis-à-vis the influence of ethnic identity during the period surrounding the establishment of Vhavenḓa homeland. Given this background it then describes the changing power relations between the South African government and mahosi within the Venḓa homeland. Significantly, the study examines the impact of Vhavenḓa homeland on the internal relations among mahosi of Vhavenḓa as well as Vhavenḓa’s cultural conception of royalty and governance.
The current researcher identifies the Afrocentric theory as a vehicle to embark on the explorative nature of this study. Unlike other theoretical paradigms that conducted research on vhuhosi and institutions for colonial and apartheid objectives, the Afrocentric approach was preferred as it puts African values at the centre. Therefore the Afrocentric theory was preferred as a way of debunking the Eurocentric/Western and liberal research on African subjects such as vhuhosi and institutions. Hence oral interviews played an important role to complement the written and archival material available.
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An analysis of marriage relationships among Tswana speaking Catholics in the Odi district : a theological ethical studySenekane, Clement Kokoana 11 1900 (has links)
This dissertation deals with an ethical analysis of marriage
relationships among Tswana speaking Catholics in the light of the
understandings of marriage of both the African and Christian traditions.
These traditions have certain practices and perspectives that, if they are put
together, can enrich marriage in all its aspects.
The first two chapters analyse the practices and perspectives of
marriage within the African and Christian traditions, while the third
compares and contrasts them. The aspects dealt with are a) compatible
values from African and Christian marriage and b) incompatible values
from African and Christian marriages.
In chapter four, the role of the Church in restoring the purpose and
the meaning of marriage and what it can do to improve Catholic marriage
relationships among Tswana speaking people are discussed and some
practical suggestions are proposed. / Philosophy, Practical & Systematic Theology / M. Th. (Theological Ethics)
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An analysis of marriage relationships among Tswana speaking Catholics in the Odi district : a theological ethical studySenekane, Clement Kokoana 11 1900 (has links)
This dissertation deals with an ethical analysis of marriage
relationships among Tswana speaking Catholics in the light of the
understandings of marriage of both the African and Christian traditions.
These traditions have certain practices and perspectives that, if they are put
together, can enrich marriage in all its aspects.
The first two chapters analyse the practices and perspectives of
marriage within the African and Christian traditions, while the third
compares and contrasts them. The aspects dealt with are a) compatible
values from African and Christian marriage and b) incompatible values
from African and Christian marriages.
In chapter four, the role of the Church in restoring the purpose and
the meaning of marriage and what it can do to improve Catholic marriage
relationships among Tswana speaking people are discussed and some
practical suggestions are proposed. / Philosophy, Practical and Systematic Theology / M. Th. (Theological Ethics)
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