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This study is the first systematic global analysis of the impact of law on human rights, analyzing the impact of twenty-three constitution provisions and an international covenant on three measures of human rights behavior, over the period of 1976-1996. Three sets of constitutional provisions are analyzed, including 1) ten provisions for individual freedoms and due process rights, 2) nine provisions for elements of judicial independence and 3) four provisions that outline procedures for states of emergency. Additionally, the impact of the International Covenant on Civil and Political Rights on actual human rights behavior is analyzed. Each of these areas of law are evaluated individually, in multiple models in which different elements vary. For example, some models control for democracy with different measures, others divide the data into the Cold War and post-Cold War eras, and some test constitutional indices. Finally, all provisions are simultaneously analyzed in integrated models. Provisions for fair and public trials are consistently shown to decrease the probability of abuse. An index of four freedoms (speech, religion, association, and assembly) decreases the probability of abuse somewhat consistently. Three of the provisions for judicial independence are most consistent in reducing the probability of abuse: the provisions for exclusive judicial authority, for the finality of judges' decisions, and banning exceptional courts. Two of four states of emergency provisions decrease abuse as international lawyers have argued: the provisions for legislative declaration of the emergency and the ban against dissolving the legislature during an emergency. However, two of the provisions are shown to hurt human rights practices: the duration and the derogation provisions. The International Covenant on Civil and Political Rights does not demonstrate a statistically significant impact. While the performance of the constitutional provisions is less than legal scholars would hope, their combined impact over time are shown to be quite large, relative to the impacts of other factors shown to affect human rights abuse.

This thesis seeks to answer the question whether economic and social rights have the same status with civil and political rights under the human rights regime of the Council of Europe. To this end, the thesis examines the assumptions with regard to the nature of economic and social rights, on the one hand, and civil and political rights, on the other. Second, it seeks to find out whether the nature of economic and social rights is different from that of civil and political rights. Third, it examines how the protection of and approach to the two sets of rights developed in the Council of Europe. Finally, it assesses the contemporary protection of economic and social rights in the Council of Europe in comparison to protection of civil and political rights.

Zugl.: Utrecht, University, Diss., 1999. / Zugl.: Utrecht, Univ., Diss., 1999.

This essay discusses how the new theoretical framework of “new” authoritarianism can explain the civil and political rights abuses in Venezuela since Nicolás Maduro became Present in 2013 until today. The presidency of Maduro has evoked international attention about the increasing authoritarian climate. His pursuit of increasing control and power has resulted in serious violations of people’s civil and political rights. New authoritarianism has four factors that have been applied on the case study of Venezuela’s civil and political rights violations. The factors’ indicators have specifically explained new authoritarianism’s relationship to the case of Venezuela. The use of law in other governmental powers, the military’s social control and use of force, the opposition’s resistance, the limitations on organizations, the discrimination of media and finally a discriminated public labor force explain the civil and political rights violations in Venezuela between 2013 and 2019.

This research aims to answer the question whether Ethiopia has adopted adequate measures to realize the right to housing. This dissertation will be informative to many Ethiopians about their right to housing vis-à-vis the duty of the government and the measures it has taken. It can also serve as an incentive for the government to take adequate steps to realize the right to housing thereby influencing policy-making. Further, the research will bridge the gap in the existing literature on the subject. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Atangcho Nji Akonumbo of the Catholic University of Central Africa, Yaoundé, Cameroon. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

La Cour européenne des droits de l'homme a, en 1968, dès son cinquième arrêt au principal, établi que des droits civils et politiques pouvaient générer des obligations d'action à la charge des États. Cette affirmation venait remettre en cause la définition traditionnelle de ces droits. En effet, ils étaient classiquement considérés comme mettant à la charge des États uniquement des obligations négatives. En revanche, les droits économiques sociaux et culturels étaient présentés comme imposant seulement des obligations positives. Le juge européen a, depuis lors, mis au jour un nombre croissant d'obligations positives prétoriennes. Plusieurs techniques ont été développées pour ce faire. Cette étude vise à analyser ce que nous avons dénommé la technique des obligations positives, c'est-à-dire l'usage par la Cour des termes « obligations positives » ou « mesures positives ». Cette technique permet non seulement au juge européen de dégager des obligations d'action à la charge des États, mais également de reconnaître sa compétence pour contrôler l'exécution de ses propres arrêts, de conférer un effet horizontal à la Convention ou encore d'étendre la notion de juridiction au sens de l'article 1 CEDH. Elle est également un moyen de moduler son contrôle en permettant tantôt d'accorder une large marge nationale d'appréciation, tantôt de la réduire à néant. Cette diversification croissante de l'usage de la technique dans la jurisprudence européenne est toutefois source d'incohérences.La thèse défendue vise à démontrer que la technique des obligations positives est un outil d'adaptation de la norme juridique conventionnelle à l'évolution des États démocratiques et libéraux européens. / As early as 1968, the fifth merits judgment of the European Court of Human Rights established that civil and political rights could generate action obligations on the European States. This judgment was challenging the usual definition of those rights, which were traditionally considered as charging the public authorities with only negative obligations. In contrast, economic, social and cultural rights were positioned as imposing positive obligations on the public authorities. The European Court of Human Rights has since created an increasing number of positive obligations and several techniques were developed for this purpose. This study aims to explore the “positive obligations technique”, that is to say, the Court's use of the terms “positive obligations” or “positive measures”. This technique not only allows the Court judge to impose action obligations on the European States, also recognizes the Court judge's competence to monitor the implementation by the public authorities of its own decisions, to give a horizontal effect to the Convention and to extend the concept of "jurisdiction" within the meaning of Article 1 ECHR. This technique also permits to modulate the Court's control over the European States, granting a wide margin of appreciation or reducing it to nothing. The increasing diversification of the use of this technique in European case law is however a source of discrepancy.. This thesis aims to demonstrate that the technique of positive obligations is a tool for adaptation of the conventional norma to the changes of the democratic and liberal European States.

The objective of this thesis is to analyze the authoritarian Karimov regime in post-Soviet Uzbekistan on a comprehensive basis and shed light on the domestic and international factors that has shaped this regime. The thesis consists of three main parts. The first part of the study defines the concepts of democracy and authoritarianism and provides the criteria to determine if a regime is democratic or authoritarian. The second part applies the theoretical framework developed in the first part to Uzbekistan. The third part deals with the factors that helped Karimov to strengthen his authoritarian rule in the country. The main argument of this study is that the incumbent leadership in Uzbekistan has failed to take steps to establish democracy in the country in post-Soviet period. The changes that were introduced proved to be only decorative, they lacked substance. The president of the country, Islam Karimov, has aimed at consolidating his own authority rather than establishing democracy and that his attempts to realize this aim resulted in the strengthening of executive branch in Uzbekistan at the expense of legislative and judiciary, silencing of the opposition forces, curtailment of the civil and political rights of the citizens, restriction of autonomy of civil society organizations and media.

The interpretation of religious feeedom in European and international decision - making practice This diploma thesis focuses on the system of protection of religious freedoms in European and international legislation and explores its interpretation in the decision-making practice of the European Court of Human Rights and the United Nations Human Rights Committee. In recent years, the protection of religious minorities has become a topical issue, giving rise to numerous international judicial decisions. The core of the thesis provides a comprehensive analysis of some of these decisions. The aim of the thesis is to examine the importance international judicial bodies attribute to the protection of religious freedoms in relation to the system of the protection of fundamental human rights. It also discusses conditions and situations in which the exercise of these fundamental rights can be limited without encroaching upon fundamental freedoms of an individual. The introduction provides a definition of the term religion and describes its interpretation in specialized literature. The second chapter looks at the historical development of the protection of religious freedoms, its individual components and the modern concept of religious freedom laid down by international treaties/conventions on human rights...