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Abortion and the right to life: A case study of South Africa and GermanyZimmer, Martina January 2016 (has links)
Magister Legum - LLM (Public Law and Jurisprudence) / The issue of abortion and the protection of the right to life have been discussed by many academics,
yet remains an unresolved topic in many countries. The mere fact that abortion is the deliberate
termination of a human pregnancy raises the question, whether or not such an act violates the right to
life. Abortion has been legalised in South Africa and Germany. This study explores the area of
abortion vis a viz the obligation of South Africa and German under the international and regional
human rights instruments to protect the right to life. Notably, the right to life is protected under a
plethora of international and regional human rights instruments. At international level, the right to
life is protected under Article 3 of the Universal declaration of Human Rights and Article 6 of the
International Covenant on Civil and Political Rights. At regional level of the right to life is protected
by Article 2 of the European Convention on Human Rights and Article 4 of the African Charter on
Human and Peoples� Rights. To give a broad understanding of the meaning, nature and content of the
right to life, this mini-thesis shall critically analyse the words used under the above Articles which
protect the right to life. Then the paper will endeavour on its main objective which is to determine
whether or not the legalisation of Abortion in South Africa and Germany violates the right to life?
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The Killing of Osama bin Laden, Was it Lawful?Elfström, Amanda January 2012 (has links)
The main purpose of this work is to investigate if the US ́s killing of Osama bin Laden on 2 May 2011 in Abbottabad in Pakistan was lawful. The background to the killing is what happened on 11 September 2001 when four US airplanes were hijacked and crashed into World Trade Center and Pentagon. Al Qaeda, a terrorist organisation led by Osama bin Laden, was immediately suspected for the attacks, which led to the starting point of the US ́s ‘global war on terror’. This work tries to give a short brief on ‘global war on terror’ and answer if there is a global war on terror and/or if a new category of war is needed. In order to get an answer to the main question of this work I had to investigate if US is in an international armed conflict or in a non-international armed conflict with Al Qaida. Another important question to investigate is if an armed conflict in one State can spill over to another State and still be consider as an armed conflict. Other important questions to answer are, if Osama bin Laden was a legitimate target under international humanitarian law, if he was a civilian or if he had a continuous combat function and what level of participation in hostilities he had? Not less important is also to investigate if human rights law is applicable when Osama bin Laden was killed, especially the fundamental right to life. Lastly I end my investigation with a quick review of the laws of jus ad bellum in order to get an answer if US had a right to resort to force in Pakistan. My conclusion is that the US was not involved in an armed conflict with al Qaeda in Pakistan where the killing took place. The conflict between the US and al Qaeda in Afghanistan is to be categorised as a non-international conflict. This conflict cannot be described as a conflict that has spilled over to Abbottabad where Osama bin Laden was killed. All people, including Osama bin Laden, has a right to life. Because of lack of information on what happened in Abbottabad when Osama bin Laden was killed it is impossible to give a clear legal answer if the US had the right to kill him. It could be lawful, but it could also be considered as a crime against international human rights law.
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