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This study generally centres on the debate about the impact of privatisation on socio-economic rights and services. The specific objective of the study is to establish whether the privatisation of water services in South Africa has led to denial of access, either through the lack of availability of a commercialised, cost-recovery service, or denial of access because of hight rates and resultant inability to pay. The study analysed how this has impacted on the states constitutional and international human rights obligation and how the resultant problems can be addressed. It examines whether or not privatisation, which is basically aimed at improving service delivery and bringing countries in line with globalisation principles, has actually achieved that objective.

This thesis makes two related arguments regarding the academic field of migration and refugee studies (MARS) and the control of migration by UK state agencies. The first, and more empirical one, is that the former facilitated the latter: the field’s members provided symbolic, technical, and pedagogic assistance to two non-departmental public bodies in controlling migration. The second, and more theoretical, argument of this thesis is that MARS facilitated migration control because of culture, power, and structure. It is through the field’s implication in the coercion of its human subjects by UK state agencies that MARS academics a) answered their calling, b) assisted class rule as ideologists, and c) separated sacred and profane by policing endogamy. The introduction describes the existing literature on the relationship between MARS and migration control. The consensus is that the former facilitated the latter. However, these studies fail to provide detailed accounts of the ways in which it did so. Chapter One defines the elements of my more empirical argument: MARS and migration control. An historical narrative outlines the institutional development of the field since its beginnings in the early 1980s. Then a new model for understanding migration control – i.e., migrant CODAR – is described. Chapter Two uses this model to trace the actor network through which MARS academics facilitated the restriction of their human subjects’ mobility by the UK state agencies of the Advisory Panel on Country Information and the Migration Advisory Committee. Chapters Three, Four, and Five use Weberian, Marxist, and Durkheimian anthropological approaches (respectively) to explain the implication of MARS and migration control that is described in Chapters One and Two. Finally, the conclusion of the thesis discusses its contributions to both more particular (i.e., the literature surveyed in the introduction on MARS and migration control) and more general (i.e., anthropology) scholarly fields.

Text in Afrikaans / Bophuthatswana het gedurende 1977 tot stand gekom as 'n onafhanklike staat. In die Grondwet daarvan is 'n uitvoerige menseregtehandves vervat wat as hoogste reg gegeld het - alle wetgewing in stryd daarmee was nietig. Die hoop was dat Bophuthatswana sou ontwikkel as 'n groeipuntvir die handhawing van menseregte in Suidelike Afrika. Aanvanklik het die howe gevolg gegee aan die bepalings van die menseregtehandves. Algaande is daar teruggekeer na 'n letterknegtige soeke na die wil van die wetgewer, wat daartoe gelei het dat die burger se menseregte deur die howe misken is. Die laaste beslissings van die howe verteenwoordig 'n terugkeer na die ware rol van die howe in 'n menseregtebestel. Die Wetgewende en Uitvoerende gesag was outokraties en het geen besef gehad van die essensie van menseregte nie. Die ondervinding in Bophuthatswana is grootliks dieselfde as elders in Afrika, waar menseregte vertrap is. Teen hierdie agtergrond word die grondwetlike toekoms van Suid-Afrika in oenskou geneem. / Bophuthatswana came into existence as an independent state during 1977. A justiciable bill of rights provided for judicial review. The hope existed that Bophuthatswana would be a growing point for the protection of human rights in Southern Africa. Although earlier judgments of the courts were promising and augured well for the future protection of human rights later judgments have reverted to the positivistic approach to constitutional interpretation. This led to the bill of rights being rendered inoperative. However, in the latest and most recent judgements there was a return to the bold and innovative interpretation of the first decisions. The legislative and executive branches of state was autocratic to the core as experienced elsewhere in Africa. The constitutional future of South Africa is evaluated against this background. / Law / LL.M.

This thesis inquires into the meaning of the right to security of person. This right is found in many international, regional and domestic human rights instruments. However, academic discourse reveals disagreement about the meaning of the right. The thesis first considers case law from the European Convention on Human Rights, the South African Bill of Rights and the Canadian Charter. The analysis shows that courts too disagree about the meaning of the right to security of person. The thesis then takes a theoretical approach to understanding the meaning of the right. It is argued that the concept of ‘security’ establishes that the right imposes both positive and negative duties but that ‘security’ does not determine which interests are protected by the right. For this, we need consider the meaning of the ‘person’. The notion of personhood as understood in the ‘capabilities approach’ of Amartya Sen and Martha Nussbaum is then introduced. It is suggested that this theory could be used to identify the interests protected by the right. Next, the theoretical developments are applied to the legal context in order to illustrate the variety of interests the right to security of person would protect and the type of duties it would impose. As a result, it is argued that the idea of ‘security of person’ is too broad to form the subject matter of an individual legal right. This raises a question over the relationship between security of person and human rights law. It is proposed that instead of recognising an individual legal right to security of person, human rights law as a whole could be seen as a mechanism to secure the person, the capabilities approach determining what it takes to fulfil a right and thereby secure the person.

This thesis includes two background chapters based largely on secondary works; Chapters I and II trace the historiography of black participation in American military engagements from the American Revolution through the Korean conflict. Chapter III, based largely on primary sources, places emphasis on black resistance and attitudes toward the Vietnam crisis. Evidence indicates that the Vietnam era of black protest was not unique but was an evolutionary process that had its roots in other periods in American history. Some blacks questioned their involvement in each American military conflict from the American Revolution to Vietnam.

This study critically analyses the protection and enforcement of inmates’ socio-economic rights in South Africa. For the purpose of this study inmates’ socio-economic rights include the right to adequate medical treatment, accommodation, nutrition and education. This analysis is informed by the fact that South African courts are struggling to interpret and enforce inmates’ socio-economic rights as required by the Constitution and international norms and standards. The objective of this study, therefore, is whether South Africa protects and enforces these rights as required by the Constitution and international norms and standards. In an attempt to resolve the problem, the methodology of this study relies on a legal methodology which focuses on a review of law books, journal articles, the constitutions, statutes, regulations and case law. The study concludes that South Africa protects and enforces these rights as required by the Constitution and complies with international norms and standards. However, the enforcement of these rights has to pay attention to the constitutional imperatives of interpreting the Bill of Rights. When interpreting inmates’ right to adequate medical treatment, it is imperative for the courts to unpack its content. The courts need to also promote the value of human dignity when determining whether overcrowding violates their right to adequate accommodation. The determination of whether their right to adequate nutrition has been violated should focus on whether inmates’ claim to cultural food is based on a sincere belief which could be objectively supported. Further, the Regulations should extend the right to cultural or religious food to all inmates. Lastly, it is the duty of the courts and the institutions of higher learning to ensure that inmates have access to the internet for study purpose. / Public, Constitutional, and International Law / LL. D.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-04-24T12:29:26Z No. of bitstreams: 1 Matheus da Silva.pdf: 3407081 bytes, checksum: 71f2b1c2003155bdc6e43f36ec1bfbd9 (MD5) / Made available in DSpace on 2018-04-24T12:29:26Z (GMT). No. of bitstreams: 1 Matheus da Silva.pdf: 3407081 bytes, checksum: 71f2b1c2003155bdc6e43f36ec1bfbd9 (MD5) Previous issue date: 2018-02-27 / Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / The objective of this research is to understand the demonstration organized by a mass of unemployed people in Santo Amaro, São Paulo between April 4th and 6th, 1983. The protest was a direct, unorganized, heterogeneous, violent action from the point of view of tactics of struggle and based on causes considered legitimate, which contributed to the demonstration of the unemployed to demonstrate logic; in short , a movement against the military dictatorship. Although in 1983 there was a process of political openness and a serious economic crisis, there were several reactions in civil society and political power. In this way, we also tried to talk about the Civilian Police Dossier and the indictment of those accused of participating in the demonstrations, as well as the representations elaborated in the news “Folha de São Paulo and Estado de São Paulo”, analyzing all the sections and issues of April 1983. As for the representations, we note the predominance of inconvenient and unchanging arguments about protest, as well as associations of it with social disorder. So, we hope to understand the practices and experiences of struggle of a marginalized social group, the political significance of the action and the reason for the elaborated representations about the manifestation and its evidences / Esta dissertação tem como objetivo compreender a manifestação organizada por uma multidão de desempregados em Santo Amaro, zona sul da cidade de São Paulo entre os dias 04 e 06 de abril de 1983. Partindo da especificidade do protesto, constatamos que o mesmo se constituiu como uma ação direta, não organizada, heterogênea enquanto composição social, violenta do ponto de vista da tática de luta e fundamentada em causas consideradas legítimas, o que contribuiu para que o motim dos desempregados se constituísse como uma manifestação repleta de coerência e lógica; enfim, uma arma contra a ditadura militar. Embora em 1983 estivesse em curso um processo de abertura política – e de uma grave crise econômica, o motim despertou reações na sociedade civil e no poder público. Deste modo, também buscamos problematizar as representações do protesto elaboradas nos documentos policiais, a saber, o Dossiê sobre a manifestação elaborado pela Polícia Civil e os Autos de Inquérito dos acusados de participação nos saques e quebra-quebras, bem como as representações elaboradas nos jornais Folha de S. Paulo e O Estado de S. Paulo, analisando todas as seções e edições do mês de abril de 1983. A respeito das representações, constatamos nas fontes a predominância de argumentos desairosos e estereotipados sobre o protesto, assim como associações do mesmo com a desordem social. Em suma, esperamos compreender as práticas e experiências de luta de um grupo social marginalizado, o significado político da ação e o porquê das representações elaboradas sobre a manifestação nas evidências arroladas para esta dissertação

Made available in DSpace on 2016-04-27T16:32:23Z (GMT). No. of bitstreams: 1 Paola Sotta Rodrigues.pdf: 598148 bytes, checksum: f7f9493bc306726b4bfd372bb29bc8a9 (MD5) Previous issue date: 2010-10-15 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / The civil rights, among them the right of education for people with deficiency is not a point of agreement actually in Brazil, on the contrary, it is a field of constant tension and divergence. When we face the policies relative to the subject, as well as the discussions that occur in the academic sphere, we realize continuous contradictions that evidence distinct or even antagonistic positions about the principles and the processes for its execution. From this starting point, the present dissertation aims to track, classify and analyze the social demands related to the rights of such population, especially the ones directed to school education, using civil inquests and preparative of civil inquests from the Public Ministry of the State of São Paulo as a source of research and processes. According to it, this is a documental research, which data accomplished in the Public Ministry of the State of São Paulo website (www.mp.sp.gov.br), where there are information about the processes and the public civil actions that entry on it, during the period of 2000 and 2009, where the information were organizes and classified a posteriori in the following categories, that allow us to group and analyze the different demands: education, health, work, transport, life conditions, violation of rights, among others. The main findings were the following: the inconstancy in the quantity of processes, either in quantity or categories by it required; the high influence that the n. 68/2007 Deliberation exerted over the processes, especially in the year of 2007, and the sudden fall in relation to it in the year of 2009 and that the educational requirements were just about the access to school, putting aside the process of school education. Another interesting data is the very little quantity of processes in place in the Comarca of São Paulo, comparing to other much smaller Comarcas. Those findings express a dispersion of demands, revealing the immateriality that those rights assume in the local communities, as well as in the municipal public powers / Os direitos civis, entre eles o da educação das pessoas com deficiência não é um ponto pacífico na atualidade brasileira, pelo contrário, é um campo de constantes tensões e divergências. Ao nos depararmos com as políticas relativas ao assunto, bem como com as discussões que ocorrem no âmbito acadêmico, percebemos contradições constantes que evidenciam posições distintas ou mesmo antagônicas tanto em relação aos princípios, quanto aos processos para sua efetivação. A partir deste ponto de partida, esta dissertação tem o objetivo de rastrear, classificar e analisar as demandas sociais em relação aos direitos dessa população, em especial aqueles voltados à educação escolar, utilizando como fonte de pesquisa os processos, inquéritos civis e preparatórios de inquéritos civis do Ministério Público do Estado de São Paulo. Nesse sentido, esta é uma pesquisa de cunho documental cuja coleta de dados foi realizada no site do Ministério Público do Estado de São Paulo (www.mp.sp.gov.br), onde se encontram informações sobre os processos e ações civis públicas que nele deram entrada, no período entre 2000 e 2009, cujas informações colhidas foram ser organizadas e classificadas a posteriori nas seguintes categorias que permitiram agrupar e analisar as distintas demandas: educação, saúde, trabalho, transporte, trabalho, condições de vida, violação de direitos e outros. Os principais achados foram os seguintes: a inconstância na quantidade de processos, tanto na quantidade, quanto nas categorias por eles exigidas; a alta influência que a Deliberação n. 68/2007 exerceu sobre os processos, especialmente no ano de 2007 e a brusca queda em 2009; as exigências educacionais se resumem ao acesso à escola, ficando secundarizada a escolarização; a baixíssima quantidade de processos instaurados na Comarca de São Paulo, se comparada com Comarcas situadas em municípios muito menores. Estes achados expressam uma dispersão de demandas, reveladoras da pouca importância que esses direitos assumem tanto nas comunidades locais quanto nos poderes públicos municipais

This thesis is an interdisciplinary analysis of jazz music and poetry produced by African-American artists, primarily in New York, over the course of the 1960s, set within the broad context of the civil-rights and black-nationalist movements of the same period. Its principal contention is that the two forms afford each other symbiotic illumination. Close reading of jazz musicology in particular illuminates the directions taken by the literature of the period in a manner that has rarely been fully explored. By giving equal critical attention to the two artistic forms in relation to each other, the epistemological and social radicalism latent and explicit within them can more fully be understood. Through this understanding comes also a greater appreciation of the effects that the art of this period had upon the politics of civil rights and black nationalism in America - effects which permeated wider culture during a decade in which significant change was made to the legal position of African-Americans within the United States, change forced by a newly, and multiply, vocalized African-American consciousness. The thesis examines the methods by which jazz and literature contributed to the construction of new historically-constituted black subjectivities represented aurally, orally and visually. It looks at how the different techniques of each form converse with each other, and how they prompt consequential re-presentations and re cognizations of established forms from within and without their own continua. That examination is conducted primarily through forensic close readings of records made between 1960 and 1967, which though of widely differing styles nevertheless can be said to fall under the broad umbrella term of 'post-bop' jazz, alongside equally close readings of poetry written primarily by members of the New York wing of the equally broadly-termed Black Arts Movement [BAM] between 1964 and 1969.