The professorial inaugural lecture is for the university an occasion to celebrate - celebrate in the full meaning of the word, i.e. to perform publicly and duly, to observe and honour with rites and festivities, to publish abroad, praise and extol. Through the custom of the inaugural lecture the university celebrates and affirms its basic function, that of creating, preserving, transmitting and applying knowledge, particularly scientifically-based knowledge. The university appoints to the position of professor one who has attained excellence in the handling of knowledge in her or his discipline, and through a jealous watchfulness over the dignity and esteem of this time-honoured position of excellence amongst scholars, defends the capacity of the university to advance human knowledge and human progress. The University of the Western Cape is particularly honoured to celebrate by way of this address the inauguration of its first ever Professor of Human Rights Law. We take pride from both the position and the incumbent: the post demonstrates our commitment to scholarly relevance, the incumbent to the pursuit of excellence. This university has distinguished itself amongst South African educational institutions for the way that it has grappled with questions of appropriate intellectual and educational responses to the demands of the social and political environment. That search involved debates and contests over what constitutes knowledge or valuable knowledge, over the nature of the process of knowledge production, over the relationship between theory and practice, about autonomy and accountability, about the meaning of "community" and about how the activities of a university are informed by the definition and conception of "community". The decision to establish a chair in Human Rights Law was arrived at as part of that process of searching for the appropriate forms of curricular transformation. South African society with its history of colonial conquest and latterly apartheid rule is one bereft of a rights culture; and where the discussion of a bill of rights and the general establishment of an awareness of human rights had been started in recent times, it has often been motivated by a concern with the protection of traditionally advantaged sectors of society. A university like ours has an obligation to contribute to the debate about and the promotion of human rights in ways which will also be concerned with healing, reparation and reconstruction in this severely brutalised nation. In this address marking his formal assumption of the University of the Western Cape’s Chair in Human Rights Law, Kader Asmal gives testimony of the depth of scholarly rigour and the breadth of humane concern brought to and emanating from this position. The integral coming together of Asmal the international scholar, the anti-apartheid activist of long standing, the seasoned international solidarity worker, the spirited publicist is evidenced in this address which is sure to stand as a signal point of reference in our national debate about this complex subject. The University had been privileged to attract to its staff some of the finest scholars from the ranks of the formerly exiled South Africans; this inaugural ceremony provides the institution with the opportunity to welcome into its midst one of those in the person of Kader Asmal. / Publications of the University of the Western Cape ; series A, no. 64

O presente trabalho examina o Programa Bolsa Família, uma política pública redistributiva no Brasil, que proporcionou os direitos fundamentais individuais de liberdade e igualdade inseridos na Constituição Federal de 1988. Este estudo verifica, também, se, por intermédio dessa política pública, conseguiu-se promover emancipação, autonomia e a cidadania dos beneficiários. Para tanto, partiu-se do estudo da Teoria da Justiça de John Rawls, para verificar se há ou não a presença dos princípios desse autor nesse contexto. A pesquisa debruça-se em verificar se com a inserção do Programa Bolsa Família e com a presença dos princípios de Rawls – no que se refere à igualdade e à liberdade – houve uma melhor condição de vida para as famílias brasileiras que vivem em situação de pobreza e/ou de extrema pobreza. O método utilizado é o analítico dedutivo, tendo como referencial de base a Teoria da Justiça, de John Rawls. Os resultados obtidos a partir da dissertação revelaram que existe uma melhora considerável na condição de vida dos beneficiários, isso ressalvado no fato de sua condição de vida anterior. Também, ressalta-se que há a presença dos princípios da justiça de Rawls no programa Bolsa Família no que se refere aos direitos fundamentais individuais de liberdade e igualdade. Por fim, observa-se que há autonomia e emancipação dos beneficiários do programa, tendo em vista sua condição de vida anterior. / Submitted by Ana Guimarães Pereira (agpereir@ucs.br) on 2015-09-03T16:56:30Z No. of bitstreams: 1 Dissertacao Cleide Calgaro.pdf: 1489456 bytes, checksum: 110996487a52f55403c61c0533396cfe (MD5) / Made available in DSpace on 2015-09-03T16:56:30Z (GMT). No. of bitstreams: 1 Dissertacao Cleide Calgaro.pdf: 1489456 bytes, checksum: 110996487a52f55403c61c0533396cfe (MD5) / The presente work examines the Bolsa Família (Family Allowance), a brazilian redistributive public policy that provided the individual fundamental rights of freedom and equality inserted in the Federal Constitution of 1988. This study checks, too, if its implementation has promoted the emancipation, autonomy and citizenship of the beneficiaries of these policies. Therefore, taking John Rawls and his Theory of Justice as basis, this work aims to verify whether or not are its principles present in this context. This research focuses on checking if the implementation of the Bolsa Família Program and the presence of Rawls‟ principles – with special regards to equality and freedom – have contributed to ensure a better quality of life for brazilian families living in poverty and extreme poverty. The method used is the analytical-deductive, having as basis of reference the "theory of justice" by John Rawls. The work results show that a considerable improvement occurred in the living conditions of the beneficiaries, in contrast with their former life status. Also, it emphasizes the presence of Rawls‟ justice principles in the program Bolsa Família, especially on the matter of individual fundamental rights of freedom and equality. Finally, it is observed that there is autonomy and emancipation of the program beneficiaries, in comparison with their former status.

LL.M. / Constitutions seldom protect the right to occupational freedom by name. When they do, the right is cast in a choice / practise mould or is protected with reference to a right to a livelihood. There is a lot of overlapping between this right and the other rights protected in the South African Constitution. For this reason it is sometimes asked if it is at all necessary to protect the right to occupational freedom by name in the Constitution. There are two considerations in favour of inclusion of the right in the Constitution. The first one is historic — in view of the previous serious human rights violations, it is important to also include this right in the Constitution. The second consideration centres around the importance of the right, where it relates to an activity that occupies an enormous amount of time and very often provides the main, if not the only, source of sustenance to the individual and his or her family. In terms of section 22 of the Constitution, only citizens can be bearers of the right. Whether juristic persons can also be regarded as citizens for purposes of this article, is a difficult question. It is suggested that a wider interpretation of the definition of a citizen is possible that would include juristic persons. This definition is derived from the Constitution itself, rather that from the terms of the Citizenship Act. If the Court finds that a juristic person cannot be regarded as a citizen, the juristic person should be able to turn to other rights in the Constitution that it can be a bearer of, for the protection of its right to occupational freedom. The right to occupational freedom encompasses a wide palette of activities that can all be embraced by the term "occupation". An occupation has two main characteristics: it is practised for a fixed period and provides income to an individual. The economic or social value of the occupation, or its lawfulness or harmfulness to society cannot be used as criteria to exclude a particular activity from the right's field of protection. It is submitted that section 22, despite decisions to the contrary, protects both the choice and the practice of an occupation. A different interpretation would render the right meaningless: it does not make sense to protect the right to choose an occupation, without also protecting the act with which the activity is made externally distinguishable. The fact that the section expressly provides for the regulation of the practice of an occupation would imply that this aspect of the right is also protected. Because the state is bound by the provisions of the Bill of Rights, it has the duty to protect, promote and fulfil the rights. There is however no positive duty on the state to provide work. The right to occupational freedom can also feature in private relationships. The justification of a limitation on the right presents a number of problems. It should firstly be emphasised that the second sentence in section 22 does not constitute a socalled "claw-back clause". Such an interpretation would not be in accordance with the supremacy and the justiciability of the Constitution. The second problem relates to the finding of a proper yardstick to evaluate the justification of limitations on the right. It is suggested that a rational connection test, as is applied in the United States in the case of economic regulation, is too narrow to provide for the wide array of scenario's and activities that is encompassed by the right to occupational freedom. This right provides a battlefield on which difficult choices must be made regarding the weighing of the (sometimes) very important interests of the individual against the, equally important, function of the state in regulating the economy. The situation is even more complicated when two private actors enter the scene, where both may claim protection under the right at the same time. For this reason, it is submitted, that a differential approach must be followed. The general limitation clause with its list of factors provides a very useful tool in this regard. The German Stufenlehre provides an example of how the requirements for a valid limitation can be adjusted to cater for varying degrees of intensity in the factual limitation of the right. The Stufenlehre classification of objective and subjective limitations on the choice of an occupation and measures relating to the practice of an occupation, may also be useful. This classification reflects the formal structure of section 22 and takes the distinction between the choice and practice of an occupation into account. The fact that only the latter incorporates a specific limitation may reflect the intention of the legislature to ease the requirements for the justification of an infringement on this aspect of the right to occupational freedom. The intensity of the infringement and the subsequent level of justification required must be determined separately in the case of each set of facts, while always applying section 36 of the Constitution.

This work explores the role that ideas about Africa played in the development of a specifically American identity among free blacks in the United States, from the early nineteenth century to the Civil War. Previous studies of the writings of free blacks in the Revolutionary period, and of the American Colonization Society (ACS), which was devoted to removing them back to an African homeland, have suggested that black discussions of Africa virtually disappeared after 1816, when the colonization movement began. However, as this work illustrates, the letters, books, newspapers, and organizational records produced by free blacks in the antebellum era tell a different story. The narrative of the ancestral homeland free blacks created in the late eighteenth century, when the Atlantic slave trade still supplied slaves to the United States, was one that emphasized the connections between Africa and its scattered descendants throughout the Americas. After the establishment of the ACS in 1816 free blacks’ dialogue related to the land of their ancestors did not disappear, but it did change dramatically. As this study reveals, the overarching impact of colonization, racial pseudo-science, and racism generally in the antebellum period, made Africa a subject that free black leaders and writers could not avoid. They had to talk about it. Paradoxically, they found that they needed to validate Africa, even as they rejected it. Free black Americans found themselves faced with the tasks, ultimately, of legitimizing their African origins, even as they spurned the idea of Africa as home.

Magister Legum - LLM / The current situation regarding the accountabilty of transnational corporations, using the lawsuit of the Herero community of Namibia against two German corporations that were involved in the German colonial enterprise that killed approximately 80% of the Herero tribe was explored. / South Africa

This thesis examines a group of Adrian Dominican sisters – how they maintained equilibrium through life transforming change wrought by Vatican II by engaging in a process of deep, long-term discernment. They are once again facing massive change. Their average age is 80, with as many as four sisters dying every month. Few new sisters are coming in, almost all of whom are women of color and born outside of the US. The sisters see a bright future in this demographic change. Through their history, their experiences of transformation track those of our society. Yet, they have managed change much differently. Through intense work, engaging in years of reflection on values, needs and desires, relying on each other for support, they have successfully transformed their lives and congregation. What can they teach us about coping with change? What can we learn from their process and from their outcomes, productive or dislocating?

The aim of the current study was to conduct a psychobiography of the life of Martin Luther King Junior, who was born in 1929 and died in 1968. He was an American clergyman, husband, father, activist, and prominent leader in the African-American civil rights movement. King fought for civil rights for all people. His “I Have a Dream” speech raised public consciousness of the civil rights movement and established him as one of the greatest orators in the United States of America. His main legacy was to secure access to civil rights for all Americans, thereby empowering people of all racial and religious backgrounds, and promoting equality in the American nation. This is a psychobiographical research study which aimed to explore and describe the life of Martin Luther King junior’s psychological development according to Erik Erikson’s Psychosocial Developmental Theory. King was selected through purposive sampling on the basis of interest, value, and uniqueness to the researcher. Alexander’s model of identifying salient themes was used to analyse the data which were then compared to Erikson’s theory through a process of analytical generalisation. Limitations of the current study were identified and certain recommendations for future research in this field are offered.

This study explored the balancing out of the rights associated with terrorist and counter-terrorist attacks by using descriptive case studies of the US 9/11 attacks; and the counter-terrorist attacks on Afghanistan and Iraq. The research was conducted within a critical theory paradigm, drawing on the ideas of Habermas and other Critical Theorists. The research design was influenced by the securitive and ideological nature of the topic and it was decided that an extensive review of literature would be more suitable than a field study. A small number of interviews added to the richness of the data. Human rights, needs and international relations were investigated to serve as a theoretical starting-point for the study (Chapter 2). The case studies were subsequently explored against the background of this theoretical approach. This thesis therefore assessed the impact of human rights law on terrorism and counter-terrorism attacks under the Human Rights Act (1998). It considered how the provisions of the Human Rights Act have influenced the formulation and interpretation of anti-terrorism laws, and it examined the role of the judiciary in adjudicating disputes between the individual and the state. It further discussed human needs and the progress on human rights, terrorist attacks, as well as counter-terrorism attacks. Extensive data was gathered on the 9/11 attacks, and it was concluded that these attacks fall within the definition of crimes against humanity under international human rights jurisprudence. To bring about a truly secure world we must adopt a new paradigm that shifts priority to the security of the individuals and of communities to achieving human security, the honouring of human rights, and respect for the rule of law. This will obviously require a renewed commitment by all individuals and a shared sense of responsibility for all people, all over the world. What we need now is a major course correction – a new iii A. Fabbriciani approach which begins with a broader understanding of what defines human rights and the rule of law (Wilson, 2007). The study also focuses on counter-terrorist attacks in Afghanistan and Iraq (Chapters 3 and 4). It was shown that counter-terrorist attacks had an effect on the global economic system and development policies, which have been dominated by ideological strategies for many years. However, resistance has come from Islamic states, which have realised that new-liberal economic practices are incompatible with their theological and economic traditions. This has caused a situation to rethink global development programmes by political leaders, and to move away from new-liberal schemes towards true global development strategies. One of the main findings of the study was that the crimes of persecution and torture on the basis of political or religious views have been perpetrated by both parties, namely Al-Qaeda, and the US and its allies. It has been shown that the explored acts of terrorism and counter-attacks represent crimes against humanity, as defined by the relevant provisions of international law.

Ronald Dworkin has achieved prominence in the field of jurisprudence through his book, Taking Rights Seriously, (hereafter TRS) his many articles in the "New York Review of Books," and other publications that pursue a coherent philosophy for liberals. In response to criticism of his earlier work, Dworkin has expanded and clarified his liberal position on equality rights. This thesis will address how Dworkin's later writings attempt to fill in gaps that occur in Dworkin's first arguments for a hierarchical, principled picture of the law. It will be argued here that Dworkin's views require an unusual perspective on the concept of an individual, and this renders his rights-based political morality seriously deficient. The nature of Dworkin's theory is first indicated by an attack on the "ruling theory of law" which he characterizes as positivistic when asked what the law is, and utilitarian when required to decide what the law should be. His central criticism charges that legal arguments are incomplete without principles which refer to or are implications of rights. Dworkin's liberal political morality is founded on rights to equal respect and concern. The elaboration of what these rights mean is sustained throughout Dworkin's publications. He maintains that his liberal rights-thesis is the theoretical articulation of the constitutional right to equality. Applying Dworkin's rights-theory to the Regents of the University of California v. Bakke2 case illuminates many of the more abstract aspects of his views. This thesis will argue against Dworkin by focusing on the too-narrow conception of individuals implied by his theory of rights. The ideal Dworkin employs of a right to 'equality of resources' justifies an aggressive redistributional scheme, unchecked by a fuller conception of what is an individual. Dworkin is only able to hold his ideal of a right to 'equality of resources' together with his notion of individual rights by accepting a diminished concept of the individual. This argument suggests that a fuller conception of an individual recognizes the connection between merit and entitlement. Dworkin's scepticism regarding the feasibility of merit being protected by individual rights is undercut by introducing a distinction between merit and success. Leaving key aspects of an individual, such as merit and its related features, out of official deliberation about rights, conceptually inhibits the extent of individualizability in a rights theory. If we wish to maintain such features, and value their protection and cultivation by a political order, adopting Dworkin's rights-thesis and its consequences is impossible. / Arts, Faculty of / Philosophy, Department of / Graduate

Asian women make up the fastest growing category of the world's population of migrant workers. The thesis examines labor and immigration policies of Canada as a host country for Filipino women migrant workers. It also determines how Canada's working environment for Filipino women migrant workers is mapped out. The thesis is anchored on three major concerns. The first is an analysis of the Philippines as a leading labor exporting country. The thesis expounds on the state mechanisms promoting labor exportation and the corresponding problems that ensue. It is argued that a majority of the problems of labor migration from the Philippines can be attributed to the inadequate policies and laws of the government in the 1970s when labor export first flourished. The second area of concern is a situation analysis of the Filipina migrant workers who come to Canada to work as live-in caregivers. This discussion is focused on Canada's general framework of immigration laws, foreign worker policies and the pertinent provincial labor laws of British Columbia. It analyzes how these pieces of legislation have been shaped by Canada's national policies. The thesis argues that Canada's regulations restricting the rights of foreign domestic workers and the marginalization of their social mobility and status reflect the unequal relationship between the host and the sending countries. The third and most important concern is a policy analysis of the Live-In Caregiver Program vis-a-vis migrants' rights and labor issues. The thesis argues that Canada, through the continuation of the Live-In Caregiver Program, provides Filipino domestic workers inequitable working conditions. It is argued that since Canada is an international forerunner in championing human rights, it becomes anachronistic that a cluster of the country's immigration policies continue to advocate indentured form of labor. Canada is in a unique position, both as a traditional immigrants' country and as an international player, to blaze the trail for international recognition of migrant workers' rights. Canada must eliminate the double standards in the Live-In Caregiver Program vis-a-vis the general immigration policies. Therefore, it is argued that in order to maintain the high marks it has been receiving at the international level, Canada must eliminate two requirements of the Live-In Caregiver Program: First, the two-year live-in requirement and second, the temporary migrant status of live-in caregivers upon initial entry to Canada. Live-in work must be optional and not subject to the granting of permanent residence status. To preserve it international reputation, Canada must also make reforms on the international level by ratifying and implementing international conventions. / Law, Peter A. Allard School of / Graduate