M.Ed. / Democracy is the focal point of this discussion. South Africa is a new democracy and its success depends on the quality of the contribution that her citizens will make. Enthusiasm alone will not work, but if coupled with a knowledge about democratic principles, it can make a difference. This study focuses on participation and co-responsibility as democratic principles. The school is seen as a place where these principles can be taught in a systematic way. The problems which are therefore addressed in this dissertation are, whether children are sufficiently informed about participation and co-responsibility by the time they reach Std. 10 and whether there are any aspects with regard to these principles about which children have almost no knowledge.

This paper seeks to insert the voices of students into the historical discussion of public school integration in New Orleans. While history tends to ignore the memories of children that experienced integration firsthand, this paper argues that those memories can alter our understanding of that history. In 1963, Benjamin Franklin High School was the first public high school in New Orleans to integrate. Black students knowingly made sacrifices to transfer to Ben Franklin, as they were socially and politically conscious teenagers. Black students formed alliances with some white teachers and students to help combat the racist environment that still dominated their school and city. Ben Franklin students were maturing adolescents worked to establish their identities in this newly integrated, intellectually advanced space. This paper explores the way in which students – of differing racial, socio-economic, religious, educational, and political upbringings – all struggled to navigate self and space in this discordant society.

Conservative theology was consistent with the advance of racial justice in the Southern Baptist Convention during the second half of the twentieth century. Historians have downplayed the role of conservative theology in the advancement of racial justice within the Southern Baptist Convention. Yet rank-and-file Southern Baptists went along with efforts to abolish segregation only when those efforts did not conflict with evangelical interpretations of Scripture. Between World War II and the Supreme Court's school desegregation decision, Southern Baptists from all theological camps advocated racial equality. They did not consider, however, that a belief in equality might conflict with segregation. The changing social climate between 1955 and 1970 drove Southern Baptists to reflect on segregation and subsequently to change their views based on their theology. Even within the theologically liberal Christian Life Commission, progressive thinkers appealed to evangelical theology to move their denomination on the race issue. Southern Baptist seminaries and colleges gradually integrated and appropriated conservative theology to gain support from the denomination. African Americans felt evangelical theology logically demanded racial inclusiveness and wondered why the Southern Baptist Convention failed to live up to the theology it professed to believe. By the 1980s, evangelical views had established denominational opinion in favor of racial equality and integration. Because of the widespread agreement on race, people on both sides of a denominational controversy agreed in their approach to race despite disagreeing on a host of other issues. / This item is only available to students and faculty of the Southern Baptist Theological Seminary. If you are not associated with SBTS, this dissertation may be purchased from <a href="http://disexpress.umi.com/dxweb">http://disexpress.umi.com/dxweb</a> or downloaded through ProQuest's Dissertation and Theses database if your institution subscribes to that service.

A dissertation submitted in fulfilment of the requirements for the degree: Masters of Laws LLM by Dissertation (Research) LAWS8002 Faculty of Commerce, Law and Management - School of Law University of Witwatersrand, 2017 / Inmates’ rights are of utmost importance in shaping a democratic society based on human dignity, equality and freedom. The State cannot unjustifiably infringe on inmates’ rights and continue to play an active role in exacerbating correctional centre conditions. This study is of significance in confronting the reality of the plight of inmates’ rights violations in a country that is plagued with crime and scepticism towards acknowledging inmates’ rights. The dissertation offers a critical analysis of the impact of South Africa’s correctional centre conditions on inmates’ human rights in a constitutional democracy. The study unlocks three key correctional centre conditions that impact on inmates’ rights. These three correctional centre conditions have been identified as overcrowding, gangsterism and sexual violence, and access to healthcare facilities. In delving deeper into each of the aforementioned correctional centre conditions, international, regional and statutory instruments were examined. Thus, the dissertation also considered the extent of South Africa’s compliance with its international human rights and constitutional obligations to protect and enforce inmates’ rights. The study has investigated the State’s accountability in relation to South Africa’s infringement on inmates’ rights. This endeavour was realised by tracing trends and statistics from State reports. An enquiry into ground-breaking case law addressing the impact of correctional centre conditions on inmates’ rights demonstrated the need for, inter alia, Constitutional Court litigation as a form of recourse for inmates and emphasised the State’s responsibility to prohibit the cruel, inhuman and degrading punishment of inmates. The dissertation has observed that over a period of 20 years of democracy, South Africa’s correctional centre conditions have severely impacted on inmates’ rights directly and indirectly. It concludes that firstly, the primary problem of overcrowding is a global phenomenon and that there is no single solution to fully eradicate its spiralling consequences. Overcrowding infringes on inmates’ foundational rights - rights to accommodation, fair trial, food and privacy. Secondly, the impact of gangsterism and sexual violence in South African correctional centres has severely infringed on inmates’ rights and case law evidences that this correctional centre condition has been 6 ruled as cruel, inhuman and degrading punishment by the United Nations Human Rights Committee. This study observes that the incidence of rape in correctional centres is a common practice and there is a greater risk of transmission of communicable diseases. In the treatment of these communicable diseases, an inmate is dependent on State healthcare facilities. Thirdly, the dissertation concludes that there have been specific instances where there was limited or no access to healthcare facilities which infringed on an inmates’ right to healthcare and life. In this regard, the Constitutional Court has held the State accountable for the infringement of an inmate’s right to access healthcare facilities. Therefore, this dissertation clearly illustrates that South Africa does not comply with its international, regional and domestic obligations. Practical recommendations for reform of South Africa’s correctional centre conditions are then offered so as to prevent the infringement of inmates’ human rights. / XL2018

The South African Refugees Act1 makes a distinction between an asylum seeker and a refugee. The Act defines an asylum seeker as “a person who is seeking recognition as a refugee in the Republic”. A refugee on the other hand, is a person “who has been granted asylum” in the Republic.2 The legal position in South Africa is that before a person is recognized as a refugee, he or she is protected by the Bill of Rights to a certain extent. In the case of Lawyers for Human Rights v Minister of Home Affairs the Constitutional court confirmed that the protection afforded by the Bill of Rights applies to everyone, including illegal foreigners and asylum seekers.3 This means that asylum seekers and refugees are entitled to most of the rights in the Constitution except those specifically reserved for citizens. Practically though, a refugee enjoys more rights than an asylum seeker. It is therefore in the interest of asylum seekers to have their status as refugees determined. The process of applying for refugee status can be a challenge for those seeking refuge in the Republic of South Africa. For applicants coming from non-English speaking countries, language barrier can also present its own challenges. In terms of the Refugees Act, the first application is to the Refugee Reception Officer at the refugee reception office. The application must be made in person.4 When an asylum seeker is deemed fit to qualify for asylum, he or she will be issued with a permit in terms of section 22 of the Refugees Act. The permit allows the asylum seeker to temporarily reside in South Africa until the finalisation of the asylum claim. This permit does not mean that the asylum seeker is already recognised as a refugee. The permit is an indication that the asylum seeker’s application as a refugee is not yet finalised. The application is considered finalised when it has gone through the hearing before the Status Determination Officer and any review or appeal following from that decision. It is the Refugee Status Determination Officer who will grant asylum or reject the application.5 For people applying for refugee status, the determination by the Status Determination Officer may in itself mark the beginning of the process to be repatriated back to the country they were running away from in the first place. An aggrieved applicant can also apply to have the adverse decision reviewed or even lodge an appeal in accordance with the provisions of the Refugees Act.6 For as long as the application is still pending, the government cannot deport any asylum seeker. An asylum seeker who enters the Republic of South Africa, either through a port of entry or illegally faces many challenges before he or she could reach a refugee reception office. Those who come in through a port of entry face being turned away by Immigration Officers due to lack of documentation. Often, asylum seekers find it hard to reach the refugee reception offices as there is no co-operation between the Immigration Officers, the South African Police Service and the functionaries in the refugee reception offices. To make things worse, the Immigration Amendment Act has reduced the days from fourteen to five, for asylum seekers without valid documentations to reach any refugee reception office. Since refugee reception offices are located only in five cities in the country, these have conditioned asylum seekers and refugees to stay and make their living in those cities as they are required to make frequent renewal of their permit. The closure of some of the refugee reception offices like the Johannesburg refugee reception office has caused a major concern to asylum seekers and refugees. This persistent closure of refugee reception offices may be seen as a further persecution in the eyes of asylum seekers and refugees. The inability of the different functionaries to differentiate between asylum seekers and economic migrants adds to the problem concerning the process of refugee status determination. Instead of seeking to identify people in need of protection from persecution or events seriously disturbing public order, the process is used as an immigration control and this causes more people to be turned away or returned to countries where their lives may be at risk. The communication between the asylum seeker and all the functionaries of the Department of Home Affairs is very important. The lack of professional interpretation functionaries to help asylum seekers who need interpretation contributes to the problems asylum seekers face. Often, asylum seekers have to provide their own interpreters if the Department is unable to do so. The purpose of the study is to investigate the status determination process from a South African perspective and to make recommendations which will try to resolve the problem(s) identified. / Public, Constitutional, and International / LL. M.

The current study examined the relationship of testifier type (expert, character witness) and race. Fifty-three participants were selected via convenience sampling to read four scenarios and answer a series of questions regarding the guilt or innocence of the defendant in each scenario. The scenarios included the absence or presence of racial identifiers and the presence of either a character witness or the testimony of an expert. It was hypothesized that the scenario with the presence of expert testimony will yield more guilty verdicts as well as the effectiveness of the testimony will cause a participant to yield a guiltier verdict. The research concluded that participants rendered more guilty verdicts in the absence of race. Additionally, expert testimony was found to be more effective than the testimony of a character witness even when both testifiers presented the same information.

Made available in DSpace on 2016-08-10T10:32:15Z (GMT). No. of bitstreams: 1 EUZAMAR RIBEIRO DE OLIVEIRA.pdf: 1604217 bytes, checksum: 26c2ee79de1da353ab073623045d55d9 (MD5) Previous issue date: 2014-06-26 / This paper focuses on educational services offered to teenagers who are interns at the detention center schools in Anápolis -GO. The purpose of this study is to understand and analyze whether the education services provided to adolescents in this juvenile correctional facility meet the legal parameters such as the Statute of Children and Adolescents and the National System of Socio-Educational Services. The method of data collection used by the researcher was a semi-structured interview followed by the analysis of the responses given by managers of the Department of Education, professors who deal directly with the teenagers and staff responsible for implementing the educational measures. The theoretical framework guiding the study discusses the State, society and the treatment given to children and adolescents in Brazil in a conceptual theoretical perspective that brings reference to the contributions of Marx and Gramsci. This work presents the concept of citizenship as a social and human right. The central categories in this study are: The State, Education, Citizenship rights and Educational policies. Public policies are discussed; specially social care and education policy as government policies to fulfill socio-educational measures to assist and protect adolescents while in Correctional Youth Facilities. Through this study, one can realize how precarious are the educational services offered to the adolescents at this Correctional Youth Facility because the basic social policies such as education and health care that intent to guarantee the rights of these young people are fragmented and uncoordinated. The realization of the precariousness of the educational services offered in this Correctional Youth Facility reflects the poverty situation of the services offered in social care. These educational services are unable to enhance the skill of the teenagers deemed necessary to empower them and rehabilitate them in the process of socialization that prepares them for adult life. / O presente estudo tem como objeto a educação escolar na perspectiva de garantia de direitos oferecida aos adolescentes privados de liberdade no CIAA. O objetivo é, portanto, compreender de que forma a efetivação do direito à educação escolar ao adolescente em situação de privação de liberdade é garantido no Centro de Internação para Adolescente de Anápolis. Utilizou-se como referência para essa análise, os depoimentos dos gestores da Secretaria Estadual de Educação SEE, professores que exercem suas funções na instituição e gestores responsáveis pela execução da medida socioeducativa de internação. Os depoimentos foram concedidos à pesquisadora por meio de entrevistas semiestruturadas. Os referenciais teóricos que orientam o estudo discutem Estado, sociedade e a política de atendimento à criança e ao adolescente no Brasil em uma perspectiva teórico conceitual que traz como referência as contribuições de Marx e Gramsci. Apresenta-se a concepção de cidadania e educação como direito humano e social. As categorias centrais neste estudo são: Estado, educação, direitos de cidadania e políticas educacionais. Discutem-se as políticas públicas, dentre elas a política de educação e de assistência social, enquanto políticas de atendimento e proteção do estado direcionadas ao adolescente em cumprimento de medida socioeducativa de internação. Infere-se, por meio deste estudo, que a educação escolar direcionada ao adolescente em situação de privação de liberdade no CIAA se apresenta fragilizada, uma vez que as políticas sociais básicas como educação, saúde e assistência, cujo intuito é a garantia de direitos desse segmento, não se materializam enquanto um sistema articulado. Nesse sentido, a particularidade da educação escolar no CIAA é reflexo da precariedade da educação formal oferecida aos demais segmentos sociais. A situação da educação escolar oferecida ao adolescente em cumprimento de medida socioeducativa de internação não tem contribuído com seu processo de socialização, ressocialização, preparação para o mundo do trabalho, autonomia e emancipação.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-04-18T11:34:32Z No. of bitstreams: 1 Davi Mendes Caixeta.pdf: 785411 bytes, checksum: f4bbe4be3a10f869d552f1f0a3f45120 (MD5) / Made available in DSpace on 2018-04-18T11:34:32Z (GMT). No. of bitstreams: 1 Davi Mendes Caixeta.pdf: 785411 bytes, checksum: f4bbe4be3a10f869d552f1f0a3f45120 (MD5) Previous issue date: 2018-03-14 / Human rights have been universally declared by important documents and international treaties, constitutionally guaranteed by several countries, in order to ensure the life, liberty, dignity of all people. Based on the human being, these rights were considered universal, inalienable, irrefutable. However, the political crises of the beginning of the twentieth century, such as world wars, nationalist conflicts, totalitarian governments, concentration camps, questioned the claim to the universality of human rights. Although they were affirmed as universal postulate for all mankind, many people and several social groups, like stateless persons and refugees, were totally deprived of fundamental guarantees, they were excluded from society. Thereupon, it is necessary to take a critical and sharp look at discourses involving the universality of these rights, to overcome a naive or idealized approach, and to consider how these rights were placed in a terrible paradox, revealing contradictions and exceptions. This research seeks to do a critical study about the claim to the universality of human rights, presenting and understanding the meaning of paradoxes and exclusions. The main question that inspires this work is: why are human rights, universally declared, denied on many occasions to many people and several social groups? The first approach discusses the paradoxes of universality contained in universal declarations, like the documents of 1789 and 1948. Another approach considers the problem of contradictions related to State, the sovereign, who declares and ensures rights, but also decides on cases of exception. This comment also highlights the situation of subjects who are excluded from society, and it analyzes paradoxes related to citizenship. The category of stateless persons emerges, they are rejected by society, excluded by State, deprived of all rights. Thereby, there is an intension to contribute to the dialogue on human rights, considering, mainly, people who are being excluded every day / Os direitos humanos foram declarados de forma universal por importantes documentos e tratados internacionais, garantidos constitucionalmente por vários países, a fim de assegurar a vida, a liberdade, a dignidade a todas as pessoas. Fundamentados no próprio ser humano, esses direitos foram considerados universais, inalienáveis, irrenunciáveis. No entanto, as crises políticas da primeira metade do século XX, como as guerras mundiais, os conflitos e querelas nacionalistas, os governos totalitários, os campos de concentração, questionaram a pretensão à universalidade dos direitos humanos. Embora tenham sido afirmados como um postulado universal para toda a humanidade, muitas pessoas e diversos grupos sociais, como apátridas e refugiados, foram totalmente privados das garantias e liberdades fundamentais, excluídos da sociedade. Diante disso, é preciso ter um olhar crítico e aguçado sobre os discursos envolvendo a universalidade desses direitos, superando uma abordagem ingênua ou idealizada, para considerar como esses direitos foram colocados num terrível paradoxo, revelando contradições e exceções. A presente pesquisa busca elaborar um estudo crítico sobre a pretensão à universalidade dos direitos humanos, apresentando e compreendendo o significado dos paradoxos e das exclusões. A principal pergunta que inspira este estudo é colocada da seguinte maneira: por que os direitos humanos, declarados de forma universal, são negados, em várias ocasiões, a muitas pessoas e diversos grupos sociais? Uma primeira crítica discute os paradoxos da universalidade contidos nas próprias declarações universais, como nos documentos de 1789 e 1948. Outra abordagem crítica considera o problema das contradições relacionadas ao Estado, o soberano, que afirma e garante tais direitos, mas também decide sobre os casos de exceção. Também se elucida a situação dos sujeitos que são excluídos da sociedade, analisando os paradoxos referentes à cidadania. Surge a categoria das pessoas apátridas, rejeitadas pela sociedade, excluídas pelo Estado, privadas de todos seus direitos. Com isso, pretende-se contribuir com o diálogo sobre os direitos humanos, considerando, principalmente, as pessoas que são cotidianamente excluídas

Thesis (Ph.D.)--Boston University / Between 1859 and 1909, the African-American press in Boston, Cleveland, New York, and Philadelphia nurtured a radical black political consciousness that challenged white supremacy on a national and local level. Specifically, black newspapers provided the ideological foundation for the New Negro movement of the 1910s and 1920s by cultivating this consciousness in readers. This dissertation examines black newspapers as political texts through what I have called figurative black nationalism in the ante-bellum Anglo-African, Douglass' Monthly, and Christian Recorder; through the political independence advocated in the post-Reconstruction New York Age, Cleveland Gazette, and Boston Advocate; and through the tum of the century Woman's Era, Colored American, and Boston Guardian. This study challenges fundamental assumptions about race, politics, and African-American activism between the Civil War and the Progressive Era. First, analyzing how ante-bellum African-Americans used the press to define radical abolition on their own terms shows that they adopted what I call figurative black nationalism through the Anglo-African's serialization of Martin R. Delany's 1859 novel Blake, or The Huts ofAmerica. Second, even as this press moved to the post-bellum south, northern African-Americans became increasingly alienated from the conservative rhetoric of racial spokesmen, particularly as the fall of Reconstruction led to repeal of the 1875 Civil Rights Act and failure of the 1890 Federal Elections Bill. Frances E.W. Harper's serialized novel Minnie's Sacrifice perpetuated the idea that free and freed people shared a post-bellum political outlook in the Christian Recorder, but such unity was elusive in reality. Consequently, northern African-Americans adopted a form of "mugwumpism" that questioned notions of blind African-American loyalty to the Republican Party. Finally, black northerners at the turn of the century reclaimed the radical abolition and political independence of the past in a successful assault on Tuskegee-style accommodation through a radical version of racial uplift. This radical racial uplift was shaped through northern black women's appropriation of Anna Julia Cooper's feminism, through Pauline Hopkins' serial novel Hagar's Daughter, and through William Monroe Trotter's participation in the Niagara Movement. Northern black politics, rather than white Progressivism or southern black conservatism, nurtured twentieth century civil rights activism.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-02-22T11:41:49Z No. of bitstreams: 1 Marco Antônio Moreira da Costa.pdf: 3293117 bytes, checksum: 9cc515707f324b6ec4874eabd11dc6a7 (MD5) / Made available in DSpace on 2017-02-22T11:41:49Z (GMT). No. of bitstreams: 1 Marco Antônio Moreira da Costa.pdf: 3293117 bytes, checksum: 9cc515707f324b6ec4874eabd11dc6a7 (MD5) Previous issue date: 2017-02-16 / The presente thesis tries to foment, from a phenomenological perspective, the dialogue with several works that deal with the subject of judicial activism. The starting point is an analysis of constitutionalism under the prism of social rights, with special emphasis on the historical context. Then, we proceed to analyze the different doctrinal currents regarding the role played by the Judiciary Branch around the concretization of these social rights, mainly the proceduralist and substantialist currents. The concept of judicial activism is scrutinized within the scope of the presented currents, and after, concrete cases are analyzed which reflect the incorporation of an activist position by the Federal Supreme Court of Brazil. Thus, the importance of opening the Brazilian Judiciary to foreign jurisprudential experience regarding the implementation of fundamental human rights, with a brief analysis of what is understood by social judicial activism in India, the creation of the institute " unconstitutional state of affairs" by the Colombian Constitutional Court and the adoption of the so-called "meaningful compromise" in the Constitutional Court of South Africa. The work indicates the jurisprudential precedents that open the way for a dialogical and coordinated relationship between the Branches, through the incorporation of a new decision-making model. And, finally, it analyzes the legitimacy of this incipient way of deciding, which reflects the continuity of the constitutional jurisdiction, even after the delivery of the decision / O trabalho procura fomentar, a partir de uma perspectiva fenomenológica o diálogo com várias obras que tratam do tema ativismo judicial. O ponto de partida é uma análise do constitucionalismo sob o prisma dos direitos sociais, com especial ênfase ao contexto histórico. Com isso, passa-se a analisar as diferentes correntes doutrinárias relativamente ao papel desempenhado pelo Poder Judiciário em torno da concretização desses direitos, principalmente, as correntes procedimentalista e substancialista. O conceito de ativismo judicial é escrutinado dentro do escopo das correntes apresentadas, e após, são analisados casos concretos que refletem a incorporação de uma postura ativista pelo Supremo Tribunal Federal do Brasil. Assim, é enaltecida a importância da abertura do Poder Judiciário brasileiro à experiência jurisprudencial estrangeira, no que tange à implementação de direitos humanos fundamentais, com uma breve análise do que se compreende por ativismo judicial social na Índia, da criação do instituto "estado de coisas inconstitucional" pela Corte Constitucional colombiana e pela adoção do chamado "compromisso significativo" na Corte Constitucional da África do Sul. O trabalho indica os precedentes jurisprudenciais pátrios que abrem o caminho para uma relação dialógica e coordenada entre os Poderes, por meio da incorporação de um novo modelo decisório. E, por fim, analisa a legitimidade desta incipiente maneira de decidir, que reflete a continuidade da jurisdição constitucional, mesmo após a prolação da decisão